Common use of Subordination and Attornment by Tenant Clause in Contracts

Subordination and Attornment by Tenant. This Lease Agreement and all -------------------------------------- rights of Tenant herein, and all interest or estate of Tenant in the Demised Premises, or any portion thereof, shall be subject and subordinate to the lien of any mortgage, deed of trust, security instrument or other document of like nature ("Mortgage"), which at any time may be placed upon the Demised Premises, or any portion thereof, by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees at any time hereafter, and from time to time on demand of Landlord, to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease Agreement to the lien of any such Mortgage. The subordination and attornment provided for in this Section 18.1 is conditioned upon Landlord obtaining a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") from the existing mortgagee, and from any future mortgagee providing that in the event of a termination of or foreclosure under any such ground lease or mortgage, such holder will respect Tenant's possession rights under this Lease Agreement and shall not disturb Tenant's possession of the Demised Premises provided that Tenant (i) is not in default of any of its material obligations under this Lease subject to the giving of notice, if any, and the expiration of any applicable cure period; (ii) that Tenant will execute the SNDA in form and content reasonably provided by said mortgagee or lessor provided that the SNDA shall provide that in any action or proceeding commenced by such mortgagee or lessor or upon any enforcement of any rights by such mortgagee or lessor, that Tenant's rights under the Lease Agreement shall be respected and shall not be disturbed and that the Lease Agreement shall remain in full force and effect provided that Tenant is not in default under any of the material terms, covenants or conditions of the Lease Agreement beyond the expiration of all applicable notice and cure periods, and (iii) that Tenant agrees that upon mortgagee acquiring title to the Demised Premises, Tenant shall attorn directly to said mortgagee or its purchaser, and (iv) that Tenant agrees to such other terms and conditions as may be reasonably required by said mortgagee provided that such terms and conditions do not increase or alter any of Tenant's obligations under this Lease Agreement or decrease any rights of Tenant or adversely affect the Tenant's leasehold interest under this Lease Agreement, and (v) that Tenant shall join in the execution and delivery of the SNDA and shall agree to the effect that if such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) shall succeed to the interest of the Landlord under this Lease (whether as a consequence of a foreclosure or any other circumstance), Tenant shall be bound to the holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) under the terms, conditions and covenants of this Lease Agreement for the balance of the term remaining after such succession and Tenant will attorn to such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) as its Landlord upon any such succession.

Subordination and Attornment by Tenant. This Lease Agreement and all -------------------------------------- rights of Tenant herein, and all interest or estate of Tenant in the Demised Premises, or any portion thereof, shall be subject and subordinate to the lien of any mortgage, deed of trust, security instrument or other document of like nature ("“Mortgage"”), which at any time may be placed upon the Demised Premises, or any portion thereof, by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees at any time hereafter, and from time to time on demand of Landlord, to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease Agreement to the lien of any such Mortgage. The subordination and attornment provided for in this Section 18.1 is conditioned upon Landlord obtaining a Subordination, Non-Disturbance and Attornment Agreement ("“SNDA"”) from the existing mortgagee, and from any future mortgagee providing that that: (i) such ground lessee or mortgagee will fully recognize Tenant’s rights under this Lease Agreement (including without limitation, Tenant’s rights under the Purchase Option), and in the event of a termination of or foreclosure under any such ground lease or mortgage, such holder will respect Tenant's possession ’s rights under this Lease Agreement (including without limitation, Tenant’s rights under the Purchase Option), and shall not disturb Tenant's ’s possession of the Demised Premises Premises, provided that Tenant (i) is not in default of any of its material obligations under this Lease Agreement subject to the giving of notice, if any, and the expiration of any applicable cure period; and (ii) that Tenant will execute the SNDA in form and content reasonably provided by said mortgagee or lessor provided that the SNDA shall provide that in any action or proceeding commenced by such mortgagee or lessor or upon any enforcement of any rights by such mortgagee or lessor, that Tenant's rights under the Lease Agreement shall be respected and shall not be disturbed and that the Lease Agreement shall remain in full force and effect provided that Tenant is not in default under any of the material terms, covenants or conditions of the Lease Agreement beyond the expiration of all applicable notice and cure periods, and (iii) that Tenant agrees that upon mortgagee acquiring title to the Demised Premises, Tenant shall attorn directly to said mortgagee or its purchaser, and (iv) that . Tenant agrees shall agree to such other terms and conditions in the SNDA as may be reasonably required by said mortgagee provided that such terms and conditions do not increase or alter any of Tenant's ’s obligations under this Lease Agreement or decrease any rights of Tenant or adversely affect the Tenant's leasehold interest under this Lease Agreement, and (v) that Tenant shall join in the execution and delivery of the SNDA and shall agree to the effect that if such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) shall succeed to the interest of the Landlord under this Lease (whether as a consequence of a foreclosure or any other circumstance), Tenant shall be bound to the holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) under the terms, conditions and covenants of this Lease Agreement for the balance of the term remaining after such succession and Tenant will attorn to such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) as its Landlord upon any such succession.

Subordination and Attornment by Tenant. This Lease Agreement and all -------------------------------------- rights of Tenant herein, and all interest or estate of Tenant in the Demised Premises, or any portion thereof, shall be subject and subordinate to the lien of any mortgage, deed of trust, security instrument or other document of like nature ("Mortgage"), which at any time may be placed upon the Demised Premises, or any portion thereof, by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees at any time hereafter, and from time to time on demand of Landlord, to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease Agreement to the lien of any such Mortgage. The subordination and attornment provided for in this Section 18.1 is conditioned upon Landlord obtaining a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") from the existing mortgagee, and from any future mortgagee providing that that: (i) such ground lessee or mortgagee will fully recognize Tenant's rights under this Lease Agreement (including without limitation, Tenant's rights under the Purchase Option), and in the event of a termination of or foreclosure under any such ground lease or mortgage, such holder will respect Tenant's possession rights under this Lease Agreement (including without limitation, Tenant's rights under the Purchase Option), and shall not disturb Tenant's possession of the Demised Premises Premises, provided that Tenant (i) is not in default of any of its material obligations under this Lease Agreement subject to the giving of notice, if any, and the expiration of any applicable cure period; and (ii) that Tenant will execute the SNDA in form and content reasonably provided by said mortgagee or lessor provided that the SNDA shall provide that in any action or proceeding commenced by such mortgagee or lessor or upon any enforcement of any rights by such mortgagee or lessor, that Tenant's rights under the Lease Agreement shall be respected and shall not be disturbed and that the Lease Agreement shall remain in full force and effect provided that Tenant is not in default under any of the material terms, covenants or conditions of the Lease Agreement beyond the expiration of all applicable notice and cure periods, and (iii) that Tenant agrees that upon mortgagee acquiring title to the Demised Premises, Tenant shall attorn directly to said mortgagee or its purchaser, and (iv) that . Tenant agrees shall agree to such other terms and conditions in the SNDA as may be reasonably required by said mortgagee provided that such terms and conditions do not increase or alter any of Tenant's obligations under this Lease Agreement or decrease any rights of Tenant or adversely affect the Tenant's leasehold interest under this Lease Agreement, and (v) that Tenant shall join in the execution and delivery of the SNDA and shall agree to the effect that if such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) shall succeed to the interest of the Landlord under this Lease (whether as a consequence of a foreclosure or any other circumstance), Tenant shall be bound to the holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) under the terms, conditions and covenants of this Lease Agreement for the balance of the term remaining after such succession and Tenant will attorn to such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) as its Landlord upon any such succession.

Subordination and Attornment by Tenant. This Lease Agreement and all -------------------------------------- rights of -------------------------------------- Tenant herein, and all interest or estate of Tenant in the Demised Premises, or any portion thereof, shall be subject and subordinate to the lien of any mortgage, deed of trust, security instrument or other document of like nature ("Mortgage"), which at any time may be placed upon the Demised Premises, or any portion thereof, by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees at any time hereafter, and from time to time on demand of Landlord, to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease Agreement to the lien of any such Mortgage. The subordination and attornment provided for in this Section 18.1 is ------------ conditioned upon Landlord obtaining a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") from the existing mortgagee, and from any future mortgagee providing that that: (i) such ground lessee or mortgagee will at all times fully recognize Tenant's rights under this Lease, and in the event of a termination of or foreclosure under any such ground lease or mortgage, such holder will respect Tenant's possession rights under this Lease Agreement and shall not disturb Tenant's possession of the Demised Premises Premises, provided that Tenant (i) is not in default of any of its material obligations under this Lease subject to the giving of notice, if any, and the expiration of any applicable cure period; and (ii) that Tenant will execute the SNDA in form and content reasonably provided by said mortgagee or lessor provided that the SNDA shall provide that in any action or proceeding commenced by such mortgagee or lessor or upon any enforcement of any rights by such mortgagee or lessor, that Tenant's rights under the Lease Agreement shall be respected and shall not be disturbed and that the Lease Agreement shall remain in full force and effect provided that Tenant is not in default under any of the material terms, covenants or conditions of the Lease Agreement beyond the expiration of all applicable notice and cure periods, and (iii) that Tenant agrees that upon mortgagee acquiring title to the Demised Premises, Tenant shall attorn directly to said mortgagee or its purchaser, and (iv) that . Tenant agrees shall agree to such other terms and conditions in the SNDA as may be reasonably required by said mortgagee provided that such terms and conditions do not affect Tenant's rights, nor increase or alter any of Tenant's obligations obligations, under this Lease Agreement or decrease any rights of Tenant or adversely affect the Tenant's leasehold interest under this Lease Agreement, and (v) that Tenant shall join in the execution and delivery of the SNDA and shall agree to the effect that if such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) shall succeed to the interest of the Landlord under this Lease (whether as a consequence of a foreclosure or any other circumstance), Tenant shall be bound to the holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) under the terms, conditions and covenants of this Lease Agreement for the balance of the term remaining after such succession and Tenant will attorn to such holder of the Mortgage (or purchaser of holder's interest at a foreclosure sale or otherwise) as its Landlord upon any such successionLease.