Subordination and Estoppel Certificate. Landlord shall have the right to subordinate this Lease to any mortgage presently existing or hereafter placed upon the Building by so declaring in such mortgage. Within ten (10) days following receipt of a written request from Landlord, Tenant shall execute and deliver to Landlord, without cost, any instrument which Landlord deems necessary or desirable to confirm the subordination of this Lease and an estoppel certificate in such form as Landlord may reasonably request certifying (i) that this Lease is in full force and effect and unmodified or stating the nature of any modification, (ii) the date to which rent has been paid, (iii) that there are not, to Tenant’s knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease. Such estoppel may be relied upon by Landlord and by any purchaser or mortgagee of the Building. Notwithstanding the foregoing, if the mortgagee shall take title to the Leased Premises through foreclosure or deed in lieu of foreclosure, Tenant shall be allowed to continue in possession of the Leased Premises as provided for in this Lease so long as Tenant shall not be in default.
Subordination and Estoppel Certificate. Landlord shall have the right to subordinate this Lease to any mortgage presently existing or hereafter placed upon the Building by so declaring in such mortgage, provided the mortgagee executes a non-disturbance, attornment and subordination agreement reasonably acceptable to Tenant. Within ten (10) days following receipt of a written request from Landlord, Tenant shall execute and deliver to Landlord, without cost, any instrument reasonably necessary to confirm the subordination of this Lease and an estoppel certificate in such form as Landlord may reasonably request certifying (i) that, as to Tenant, this Lease is in full force and effect and unmodified or stating the nature of any modification, (ii) the date to which rent has been paid, (iii) that there are not, to Tenant's actual knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease, provided that such matters or state of facts are limited to Tenant's actual knowledge. Such estoppel may be relied upon by Landlord and by any purchaser or mortgagee of the Building. Notwithstanding the foregoing, if the mortgagee shall take title to the Leased Premises through foreclosure or deed in lieu of foreclosure, Tenant shall be allowed to continue in possession of the Leased Premises as provided for in this Lease so long as Tenant shall not be in default. Landlord represents that the Building is not encumbered by a mortgage as of the Effective Date. Landlord will use commercially reasonable efforts to obtain a non-disturbance agreement from any future mortgagee of the Building within thirty (30) days after the recording of any future mortgage.
Subordination and Estoppel Certificate. 22.1 This Agreement is subject and subordinate to all mortgages, deeds of trust and related security instruments which may now or hereafter encumber the Leased Premises and to all renewals, modifications, consolidations, replacements and extensions thereof and to each advance made or hereafter to be made thereunder. This subordination shall be self-operative and no further instrument of subordination is required. In confirmation of such subordination, however, Lessee shall, at Lessor's request, execute promptly any appropriate certificate or instrument that Lessor may request. In the event of the enforcement by the trustee or the beneficiary under any such mortgage or deed of trust of the remedies provided for by law or by any such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding to the interest of said trustee or beneficiary as a result of such enforcement, automatically become the tenant of, and attorn to, such successor in interest without change in the terms or provisions of this Agreement; provided, however, that such successor in interest shall not be bound by: (i) any payment of Base Rental Fee for more than one month in advance: or (ii) any amendment or modification of this Agreement made without the written consent of such trustee or such beneficiary or such successor in interest. Upon request by such successor in interest, Lessee shall execute and deliver an instrument or instruments confirming the attornment herein provided for. Lessor shall use commercially reasonable efforts to provide to Lessee within thirty (30) days following the date of this Agreement, non-disturbance agreements from Lessor's lenders in form and substance reasonably satisfactory to Lessee. Lessor shall likewise provide to Lessee non-disturbance agreements in form and substance reasonably satisfactory to Lessee from any successor or replacement lender(s) in connection with placement of any mortgage, deed of trust or similar encumbrance against the Leased Premises within thirty (30) days following the date such encumbrance is placed of record. Lessor acknowledges that Lessee's inventories may serve as collateral for Lessee's financing and agrees to subordinate in writing any applicable landlord liens to the extent same may affect Lessee's inventory.
22.2 At either Party's request, the other Party will execute either an estoppel certificate or a three-party agreement among Lessor. Lessee and any third party dealing with the requesting Par...
Subordination and Estoppel Certificate. Within ten (10) days after Lessee’s receipt of written request from Lessor, Lessee shall (i) subordinate its interest in this Lease to any mortgage or deed of trust encumbering the Premises; provided, however, the mortgagee or beneficiary of the deed of trust recognizes Lessee’s leasehold interest in the Premises, only to the extent of the length of the Term, and (ii) provide Lessor or any prospective buyer or lender a certificate certifying to the best of Lessee’s knowledge whether this Lease is in full force and effect, whether there are any defenses, offsets or claims outstanding by Lessee against Lessor, or the accuracy of any other statement of fact reasonably requested by Lessor.
Subordination and Estoppel Certificate. Upon the Landlord's request, the Tenant shall subordinate this Lease to any mortgage of the Premises granted by the Landlord to a lender to secure any obligation of the Landlord to such lender, and the Tenant shall execute such estoppel certificates and subordination agreements as may reasonably be required by the Landlord's lender in connection with such financing. The Tenant hereby irrevocably appoints the Landlord its attorney-in-fact to execute such documents, should the Tenant refuse to sign such documents.
Subordination and Estoppel Certificate. Xxxxxx agrees that this Lease shall be subordinate to any mortgages or trust deeds that may hereafter be placed upon the Building or any part thereof, and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. The 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 deed of trust as shall be desired by the Landlord and/or any mortgagees or trustees, 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. Tenant consents to the assignment or pledging of this Lease by Landlord as security for the payment of any loans that Landlord may have or shall obtain for the purpose of improving and/or repairing the said improvements of which the Premises are a part, or for constructing other improvements on said Premises. Tenant further agrees at any time, upon not less than ten (10) days prior written request by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying that this Lease is unmodified and is in full force and effect (or if there have been modifications, that the same is in full force and effect as modified), and the date to which the rental and other charges have been paid in advance, if any, it being intended that any such statement may be relied upon by any prospective purchasers of the Premises, or any holder or assignee of a mortgage or deed of trust encumbering the Premises.
Subordination and Estoppel Certificate. Tenant agrees to subordinate its rights under this Lease to the lien of any mortgage granted by Landlord, subject to execution of a subordination, non-disturbance and attornment agreement in form and content reasonably satisfactory to Tenant, Landlord and Landlord's lender. Within ten (10) business days following receipt of a written request from Landlord, Tenant shall execute and deliver to Landlord, without cost, an estoppel certificate in such form as Landlord may reasonably request certifying (i) that this Lease is in fall force and effect and unmodified or stating the nature of any modification, (ii) the date to which rent has' been paid, (iii) that there are not, to Tenant's knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease. Such estoppel may be relied upon by Landlord and by any purchaser or mortgagee of the Building,
Subordination and Estoppel Certificate. 14.1 This Lease will, at the request of the Landlord, be made subject and subordinate to all mortgages which now or hereafter during the Term is recorded in the appropriate Land Title Office as a mortgage against the Land and Premises. The Tenant will execute promptly from time to time any assurance the Landlord may properly require to confirm this subordination with respect to any mortgage now or hereafter recorded. While the Tenant may be required to subordinate its rights under this Lease in favour of any mortgagee or other chargeholder as requested by the Landlord, the Landlord shall first use its best efforts to obtain a non-disturbance agreement in favour of the Tenant from such mortgagee or chargeholder on terms and conditions satisfactory to the Tenant acting reasonably to ensure there is no disturbance of the Tenant's occupation and possession provided the Tenant is not in default under this Lease.
14.2 Whenever required by any mortgagee or a trustee on behalf of a Mortgagee of any mortgage contemplated in Section 14.1, the Tenant will attorn to and become a tenant or licensee of such mortgagee or trustee or any purchaser from the mortgagee or trustee in the event of an exercise by the Mortgagee or Trustee of its power of sale in the mortgage set out, for the then unexpired residue of the Term upon all of the terms and conditions hereof.
14.3 Within 10 business days after each request by the Landlord, the Tenant will deliver to the Landlord and to any person designated by the Landlord, a certificate in the form provided by the Landlord stating the particulars of this Lease and the status of the payments and the performance of covenants hereunder.
Subordination and Estoppel Certificate. Subject to the terms of this Section 12.02, Landlord shall have the right to subordinate Tenant’s leasehold rights to the lien of any mortgage presently existing or hereafter placed upon the Property by so declaring in such mortgage. Within ten (10) business days following receipt of a written request from Landlord, Tenant shall execute and deliver to Landlord, without cost, any instrument which Landlord deems reasonably necessary or desirable to confirm the subordination of this Lease and/or an estoppel certificate in such form as Landlord may reasonably request certifying (i) that this Lease is in full force and effect and unmodified or stating the nature of any modification, (ii) the date to which rent has been paid, (iii) that there are not, to Tenant’s actual knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease. Landlord represents that there is currently no mortgage placed on the Property. Upon written request by Tenant and at Tenant’s sole cost and expense, in the event a mortgage is placed on the Property, Landlord shall obtain a subordination, non-disturbance and attornment agreement reasonably acceptable to Tenant, Landlord, and Landlord’s lender.
Subordination and Estoppel Certificate. Section 20.03. limitation of Landlord's liability. ARTICLE 21- TENANT'S AND LANDLORD'S RESPONSIBILITY REGARDING ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES Section 21.01. Environmental Definitions. Section 21.02. Compliance. Section 21.03. Restrictions on Tenant : Section 21.04. Notices, Affidavits, Etc. Section 21.05. Landlord's Rights Section 21.06. Indemnification. Section 21.07. Existing Conditions. ARTICLE 22- MORTGAGE FINANCING Section 22.01. Leasehold Mortgage Section 22.02. Rights of Leasehold Mortgagee Section 22.03. Tenant's Mortgage Obligations ARTICLE 23 -MISCELLANEOUS Section 23.01. Benefit of Landlord and Tenant. Section 23.02.
