SUBORDINATION AND ESTOPPEL Sample Clauses

SUBORDINATION AND ESTOPPEL. 17.1. This Lease and all rights of Tenant hereunder are subject and subordinate at all times to all ground or underlying leases heretofore or hereafter made by Landlord (collectively, “Superior Leases”) and to all first mortgages which may now or hereafter affect Somerset Corporate Center and/or the Building of which the Premises form a part, and to all renewals, modifications, consolidations, replacements and extensions thereof. In confirmation of such subordination, Tenant shall execute promptly any reasonable instrument that Landlord may request, provided that Landlord shall obtain a non-disturbance agreement from any mortgagee or the lessor under any Superior Leases as provided in this Article 17. Landlord shall obtain from any mortgagee of Landlord, a non disturbance agreement in substantially the form of Exhibit G attached hereto or in such other form as may be reasonably required by such mortgagee, which shall provide that possession or the rights of Tenant shall not be disturbed in the event of the foreclosure of any such mortgage arising out of any default thereunder or by the delivery of a deed in lieu of foreclosure of such mortgage so long as Tenant shall not be in default, uncured, pursuant to the terms and conditions of this Lease. Tenant further agrees at the option of the holder of any such mortgage to attorn to the holder of any such mortgage following the foreclosure of such mortgage of the granting of a deed in lieu thereof. Notwithstanding any provision of this Section 17.1 to the contrary, upon notice to Tenant by a Mortgagee, this Lease shall become superior, in whole or in part, to the lien of any mortgage held on the property by said Mortgagee. Landlord shall obtain from each current mortgagee of the Property and any lessor under any Superior Leases a non-disturbance agreement in substantially the form attached hereto as Exhibit G or such other form as may be reasonably required by such mortgagee, within thirty (30) days of the execution of this Lease Agreement, and Tenant shall promptly execute such agreement. 17.2. Tenant shall at any time and from time to time within ten (10) days of receipt of written request therefor, execute, acknowledge and deliver to Landlord an estoppel certificate, in form attached hereto as Exhibit E or, at Landlord’s option, such other form as is satisfactory to Landlord, certifying (i) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in f...

SUBORDINATION AND ESTOPPEL. This Lease is subject and subordinate in all respects to all mortgages which may now or hereafter be placed on or affect the real property of which the Premises are a part, or Landlord’s interest or estate therein, and to each advance made and/or hereafter to be made under any such mortgages, and to all renewals, modifications, consolidations, replacements and extensions thereof and all substitutions therefor. This Section XXIV shall be self-operative and no further instrument of subordination shall be required. Notwithstanding the generality of the foregoing provisions of this Section XXIV, Tenant agrees that any such mortgagee shall have the right at any time to subordinate any such mortgages or other instruments of security to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Tenant further covenants and agrees upon demand by Landlord’s mortgagee at any time, before or after the institution of any proceedings for the foreclosure of any such mortgages or other instruments of security, or sale of the Building pursuant to any such mortgages or other instruments of security (which agreement shall survive any such foreclosure sale), to attorn to such mortgagee or such purchaser upon any such sale and to recognize such purchaser as Landlord under this Lease, provided that Tenant’s possession shall not be disturbed except under the provisions of this Lease, and further agrees to execute any and all documents as such mortgagee may require to confirm such attornment within a reasonable time. Tenant shall, from time to time, within ten (10) business days after request from Landlord, or from any mortgagee or potential mortgagee of Landlord, or any potential purchaser of the Building, or potential mortgagee of such purchaser, execute, acknowledge and deliver a subordination, non-disturbance and attornment agreement in the form attached hereto as Exhibit E (“SNDA”) and an estoppel certificate (“Estoppel Certificate”) certifying, to the extent true, that this Lease is in full force and effect and unmodified (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that the term has commenced and the full amount of the Rent and Additional Rent then accruing thereunder; the dates to which the Rent and Additional Rent has been paid; that Tenant has accepted possession of the Premises and that any improvements required by the provisions of th...

SUBORDINATION AND ESTOPPEL. 21 SECTION XXVI. NOTICES............................................ 23

SUBORDINATION AND ESTOPPEL. The Lessee agrees that its rights under this Agreement are and shall always be subordinate to the lien of any mortgage or trust deed now, or hereafter placed from time to time, upon the Premises by Xxxxxx, subject, however, to the lender’s recognition of all the rights of the Lessee provided under the terms of this Agreement, and provided that the lender will execute and deliver to Lessee, a non-disturbance agreement reasonably satisfactory in form and substance to Lessee. The parties acknowledge and agree that the form of Lessor subordination instrument shall not modify or alter in any way the terms of this Agreement.

SUBORDINATION AND ESTOPPEL. This Lease is and shall be subject and subordinate to the lien of any deed of trust, mortgage, master lease, financing instrument, or other security instrument affecting the Property and intended for the benefit of any lender(s) for the Property, and subject and subordinate to any modification, renewal, replacement or extension thereof. Lessee shall within ten (10) calendar days after City’s request, execute and deliver to City or City’s lender, written agreements of subordination, non-disturbance and attornment ("SNDA") in the form acceptable to City and customary for commercial lending institutions in Colorado, as well as tenant estoppel certificates confirming: (i) that this Lease is in effect as drafted (or stating any modification); (ii) that there is no uncured Default (or specifying Default if any is claimed); (iii) the Commencement Date, Term, Rent, and other business terms; and (iv) that the information is true and accurate and may be relied upon by City, City's lender, or any prospective lender for the Property.

SUBORDINATION AND ESTOPPEL. This Agreement shall be subject and subordinate at all times to the lien of any mortgage (or any such instrument providing a security interest) which may now exist or may hereafter be executed in any amount for which the Courses or any portion thereof is specified as security. Owner agrees to use its commercially reasonable best efforts to obtain from Lender a non-disturbance agreement in Lender’s standard form reasonably acceptable to Antares. Within ten (10) days of any such written request which Owner may make from time to time, Antares shall execute and deliver to Owner a statement in a form reasonably satisfactory to Owner certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modification), the date to which the Base Management Fee and Incentive Management Fee have been paid, the fact that there are no current defaults under this Agreement by Owner or Antares, except as specified in Antares’ statement, and such other matters reasonably requested by Owner.

SUBORDINATION AND ESTOPPEL. 59 29.3 Lessor's Rights under Master Lease ........................... 59

SUBORDINATION AND ESTOPPEL. Tenant shall, upon request of Xxxxxxxx, subordinate the Leases to any mortgage of Landlord, and execute such documents, including estoppel certificates, as Landlord requires to assist Landlord in obtaining financing.

SUBORDINATION AND ESTOPPEL. This Lease shall be subordinate to any present or future ground lease or mortgage respecting the Property, subject to any future ground lease or mortgage, providing, that so long as Tenant is not in default under the terms of this Lease, beyond any applicable cure period, Tenant’s rights under this Lease shall not be disturbed and shall remain in full force and effect for the Term, and Tenant shall not be joined in by the holder of any mortgage or deed of trust in any action or proceeding to foreclosure thereunder. Tenant shall, within thirty (30) days of receiving a request from Landlord, execute, acknowledge in recordable form, and deliver to the Landlord or its designee a certificate stating, subject to a specific statement of any applicable exceptions, that the Lease as amended to date is in full force and effect, that to the best of the knowledge of Tenant, without any inquiry or investigation beyond checking Xxxxxx's files and obtaining information from Tenant's employees and agents familiar with the Leased Premises, the Landlord has committed no uncured defaults and has no offsets or claims.

SUBORDINATION AND ESTOPPEL. 25 22.1 Subordination .............................................25 22.2 Estoppel ..................................................26