Common use of RIGHT TO MORTGAGE Clause in Contracts

RIGHT TO MORTGAGE. Subject to the terms of this Section , Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any mortgage or mortgages now or hereafter placed upon the Landlord’s interest in the Premises or the Building. Tenant covenants and agrees to execute and deliver upon demand such further instrument or instruments subordinating this Lease to the lien of any such mortgage or mortgages as shall be desired by the Landlord and any mortgagees or proposed mortgagees and hereby irrevocably appoints the Landlord the attorney-in-fact of the Tenant to execute and deliver any such instrument or instruments for and in the name of the Tenant, provided, however, that the holder of such mortgage shall covenant and agree with Tenant that, in the event of the foreclosure of such mortgage, for so long as Tenant is not in default under this Lease, the holder of such mortgage and any purchaser at the foreclosure sales shall recognize and not disturb or interfere with the rights and interests of Tenant hereunder. Tenant shall, in such event, attorn to such holder and purchaser. The Tenant subordination and attornment and the rights of non- disturbance shall be memorialized by a subordination, non-disturbance and attornment agreement in a commercially-reasonable form, acceptable to Tenant, Landord (if requiring Landlord’s signature) and such mortgagee. Tenant covenants to negotiate diligently in good faith with Landord (if requiring Landlord’s signature) and such mortgagee to agree upon the form of subordination, non-disturbance and attornment agreement.

RIGHT TO MORTGAGE. Subject to the terms of this Section , Landlord reserves the absolute right to subject and subordinate this Lease Lease, at all times times, to the lien of any mortgage or mortgages now or hereafter placed upon the Landlord’s interest Demised Premises. Although the foregoing subordination is self-operative, in the Premises or the Building. event Landlord exercises its right hereunder, Tenant covenants and agrees to shall execute and deliver upon demand such further instrument deliver, or instruments subordinating join in the execution and delivery of an agreement which shall provide, among other things, (a) that this Lease is subordinate to the lien of any such mortgage or mortgages as upon the Demised Premises and (b) that the Tenant shall be desired by attorn to any foreclosing mortgagee or purchaser at the Landlord and any mortgagees or proposed mortgagees and foreclosure sale. Tenant hereby irrevocably appoints the Landlord the attorney-in-fact of the Tenant to execute for purposes of executing and deliver any such instrument or instruments for and delivering in the name of the Tenant, provided, however, that Tenant such an agreement. Landlord agrees to request and use reasonable efforts to obtain from the holder of such any superior mortgage shall covenant and agree with Tenant thator superior lease, in as the event of case may be, executed after the foreclosure of such mortgage, for so long as Tenant is not in default under this Lease, the holder of such mortgage and any purchaser at the foreclosure sales shall recognize and not disturb or interfere with the rights and interests of Tenant hereunder. Tenant shall, in such event, attorn to such holder and purchaser. The Tenant subordination and attornment and the rights of non- disturbance shall be memorialized by date hereof a subordination, non-disturbance and attornment agreement in a commercially-reasonable formfrom the mortgagee under such superior mortgage or the lessor under such superior lease, acceptable to Tenantas the case may be, Landord (if requiring Landlord’s signature) and such mortgagee. Tenant covenants to negotiate diligently in good faith with Landord (if requiring Landlord’s signature) and wherein such mortgagee or lessor, as the case may be, agrees to agree upon recognize the form interest of subordinationTenant under this Lease in the event of foreclosure or in the event of a termination of the superior lease, as the case may be, provided Tenant is not then in default under this Lease. Landlord shall have no liability to Tenant if such non-disturbance agreement is not executed or delivered or, if executed and attornment agreementdelivered, the parties thereto (other than Landlord) do not abide by the respective terms thereof.

RIGHT TO MORTGAGE. Subject to the terms of this Section , Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any mortgage or mortgages now or hereafter placed upon the Landlord’s interest in the Premises or the Building. Tenant covenants and agrees to execute and deliver upon demand such further instrument or instruments subordinating this Lease to the lien of any such mortgage or mortgages as shall be desired by the Landlord and any mortgagees or proposed mortgagees and hereby irrevocably appoints the Landlord the attorney-attorney- in-fact of the Tenant to execute and deliver any such instrument or instruments for and in the name of the Tenant, provided, however, that the holder of such mortgage shall covenant and agree with Tenant that, in the event of the foreclosure of such mortgage, for so long as Tenant is not in default under this Lease, the holder of such mortgage and any purchaser at the foreclosure sales shall recognize and not disturb or interfere with the rights and interests of Tenant hereunder. Tenant shall, in such event, attorn to such holder and purchaser. The Tenant subordination and attornment and the rights of non- disturbance shall be memorialized by a subordination, non-disturbance and attornment agreement in a commercially-reasonable form, acceptable to Tenant, Landord (if requiring Landlord’s signature) and such mortgagee. Tenant covenants to negotiate diligently in good faith with Landord (if requiring Landlord’s signature) and such mortgagee to agree upon the form of subordination, non-disturbance and attornment agreement.