SNDA. Landlord agrees that it shall deliver, within five (5) days following the full execution and delivery of this Lease, an SNDA (as defined below) from its current mortgagee, substantially in the form attached hereto as Exhibit E, with such commercially reasonable modifications as mutually agreed to by Tenant and such mortgagee. Subject to Tenant’s receipt of such SNDA, this Lease shall be subordinate to any Mortgage from time‑to‑time encumbering the Premises, whether executed and delivered prior to or subsequent to the date of this Lease, unless Landlord’s Mortgagee elects to have this Lease remain prior to such Mortgage. If this Lease is subordinate to any Mortgage and Landlord’s Mortgagee or any other party shall succeed to the interest of Landlord pursuant to the Mortgage (such Mortgagee or other party, a “Successor”), Tenant shall attorn to the Successor and this Lease shall continue in full force and effect between the Successor and Tenant. Not more than fifteen (15) business days after Landlord’s written request, Tenant agrees to execute such instruments of subordination or attornment in confirmation of the foregoing agreement as the Successor reasonably may request. Landlord shall obtain from any future Landlord’s Mortgagee, in a form reasonably acceptable to Tenant and such Landlord’s Mortgagee, an agreement providing that in the event that Landlord’s Mortgagee or any other party shall succeed to the interest of Landlord hereunder pursuant to such Mortgage, subject to such commercially reasonable qualifications as such Mortgagee may impose, so long as no Event of Default exists hereunder, Tenant’s right to possession of the Premises shall not be disturbed and Tenant’s other rights hereunder shall not be adversely affected by any foreclosure of such Mortgage (an “SNDA”). Any Landlord’s Mortgagee may elect, at any time, unilaterally, to make this Lease superior to its mortgage, ground lease, or other interest in the Premises by so notifying Tenant in writing.
SNDA. Any SNDA ceases to be in full force and effect (except with respect to a Borrowing Base Property disposed of in accordance with Section 8.05).
SNDA. At Buyer’s request, Seller shall deliver a subordination, non-disturbance and attornment agreement prepared and completed by Buyer or its lender (“SNDA”) to the tenants and Seller shall use reasonable efforts to obtain the SNDA; provided, however, if Seller is unable to obtain the SNDA from any tenant, such failure shall not be a Seller default or condition precedent to Buyer’s obligation to proceed to Closing.
SNDA. Simultaneously with execution of this Lease if the Building is subject to any Security Document, or if the Building is not so subject as of the Effective Date, then at any time that the Building is hereafter made subject to any Security Document(s), Landlord shall use commercially reasonable good faith efforts to cause the Holder to deliver an SNDA to Tenant. Notwithstanding anything herein to the contrary, the subordination of this Lease to any Security Document hereafter placed upon the Building, and Tenant’s agreement to attorn to the Holder as provided in this Article 12, shall be conditioned upon the Holder entering into an SNDA.
SNDA. No later than 30 days after the mutual execution and delivery of this Amendment, Landlord shall deliver to Tenant an SNDA from Landlord’s current Lender pursuant to which (i) the Lease is subordinated to the lien of such Lender’s Encumbrance and (ii) the Lender agrees not to disturb or interfere with Tenant’s possession of the Premises or rights under the Lease so long as there is no Event of Default on the part of Tenant. Tenant agrees that the form of SNDA attached hereto as Exhibit C is acceptable to Tenant.
SNDA. Landlord represents and warrants that, in connection with Landlord's acquisition of the Project from the Original Landlord, the Lender's Loan referred to above was satisfied in full, and that therefore no notice or consent rights of Lender remain with regard to the Project, specifically including the Lease and/or this Agreement.
SNDA. At any time that the Building is made subject to any Security Document(s) (including, without limitation, prior to the date hereof), Landlord shall use commercially reasonable good faith efforts to cause the mortgagee and any lessor (whether under a ground or master lease) to deliver to Tenant an SNDA, providing in part that so long as Tenant is not in default under this Lease after the expiration of any applicable notice and cure periods, Tenant may remain in possession of the Tenant Space under the terms of this Lease, even if the mortgagee or its successor should acquire Landlord’s title to the Building. The foregoing obligation shall apply if the Building is currently subject to any Security Document(s), and Landlord shall use commercially reasonable efforts to cause the mortgagee and any lessor (whether under a ground or master lease) to deliver to Tenant an SNDA prior to the Commencement Date. Notwithstanding anything herein to the contrary, the subordination of this Lease to any Security Document hereafter placed upon the Building and Tenant’s agreement to attorn to the Holder as provided in this Section 12 shall be conditioned upon the Holder entering into an SNDA. Tenant covenants and agrees to execute and deliver, within ten (10) days of receipt thereof, an SNDA.
SNDA. Buyer’s, Master Tenant’s, Landlord’s and Lender’s counterparts to the SNDA. F.
SNDA. If received by Seller, the SNDA, it being agreed that the failure of Seller to obtain the SNDA shall not (i) be a breach or default by Seller hereunder, (ii) constitute grounds for Purchaser to delay the Closing or (iii) give rise to a reduction of the Purchase Price.
SNDA. This Amendment is expressly conditioned upon Landlord’s Lender’s delivery to Tenant of an SNDA (as defined in the Original Lease). If Landlord has not provided Tenant with an SNDA within thirty (30) days after the mutual execution and delivery of this Amendment, then Tenant shall have the right to send Landlord a notice requesting Landlord to notify Tenant of the status of the SNDA. If Landlord indicates in response to Tenant’s notice that Landlord’s Lender has not provided an SNDA, or if Landlord fails to respond to Tenant’s notice within five (5) Business Days after Landlord’s receipt of it, then each of Landlord and Tenant shall have the right to terminate this Amendment by written notice to the other party. If this Amendment is so terminated, then the parties shall have no further rights or obligations hereunder and Landlord promptly shall return to Tenant the amount of the increased Security Deposit provided in Section 7 above and the first month’s rent for any Suite which prepaid by Tenant as provided in Section 8 above.
