SUBORDINATION AND ESTOPPEL CERTIFICATES Sample Clauses

SUBORDINATION AND ESTOPPEL CERTIFICATES. This Lease and the right of Tenant shall, at all times, be subject and subordinate to any mortgage upon the Building Parcel being provided as security by Landlord, whether in being or hereafter created, without further evidence thereof. However, should any mortgagee require that this Lease be subordinated to the mortgage or evidence that this Lease is in effect and there are no set-offs, Tenant shall, within twenty (20) days, execute and deliver to Landlord a subordination agreement and/or Estoppel certificate upon receipt of a standard mortgagee’s nondisturbance and attornment agreement. Initial---Landlord: _____ Tenant: _____ Within five (5) business days of receiving a written request from Landlord, Tenant agrees to execute, acknowledge and deliver to Landlord, or to the holder of any mortgage lien on the Demised Premises, a statement in writing satisfactory to Landlord or the holder of the mortgage, certifying the facts stated therein which may include all or any part of the following information: (i) this Lease constitutes the entire agreement between Landlord and Tenant, is unmodified (or if there has been a modification, that the Lease, as modified, is in full force and effect) and is in full force and effect; (ii) the dates to which the Base Rent, Common Area Charge and other charges hereunder have been paid, and the amount of any security deposit held by Landlord; (iii) the date that the Demised Premises were ready for occupancy and all conditions precedent to the Lease taking effect were satisfied or waived by Tenant; (iv) the date on which Tenant accepted possession and Tenant’s store is or will be open for business; (v) Tenant is occupying the Demised Premises; and (vi) Tenant knows of no default under this Lease by the Landlord and there is no offset which Tenant has against Landlord; provided that such facts are true and ascertainable.

SUBORDINATION AND ESTOPPEL CERTIFICATES. Tenant agrees that this Lease and all rights of Tenant hereunder are and shall be subject and subordinate to any ground or underlying lease which may now or hereafter be in effect regarding the Leased Premises or any component thereof, to any Mortgage now or hereafter encumbering the Leased Premises or any component thereof, to all advances made or hereafter to be made upon the security of such Mortgage, to all amendments, modifications, renewals, consolidations, extensions and restatements of such Mortgage, and to any replacements and substitutions for such Mortgage. The terms of this provision shall be self-operative and no further instrument of subordination shall be required. Tenant, however, upon request of any party in interest, shall execute and deliver within ten (10) days after request such instrument or certificates as may be reasonably required to carry out the intent hereof. If the interests of Landlord under this Lease shall be transferred to any purchaser by reason of foreclosure or other proceedings for enforcement of any Mortgage, at the election of the purchaser, Tenant shall be bound to the purchaser under the terms and conditions of this Lease for the balance of the remaining Term. Tenant shall execute and deliver within ten (10) days after request a statement certifying that the Tenant is in possession of the Leased Premises, the Leased Premises are acceptable, this Lease is in full force and effect and is unmodified, and such other matters as requested by Landlord or Landlord’s Mortgagee.

SUBORDINATION AND ESTOPPEL CERTIFICATES. In any circumstance where Sublessor is obligated by the Master Lease to subordinate its lease to a Security Instrument for the benefit of a Security Holder as defined in Section 17 of the Master Lease, and the Master Lessor requires Sublessee to subordinate its Sublease in addition to requiring Sublessor to subordinate its Master Lease, Sublessee shall be obligated to provide Master Lessor a subordination to the same extent Sublessor is required to do so and to attorn to the Security Holder in the same manner Sublessor is required to attorn. Sublessee waives any right to terminate this Sublease in the event of a foreclosure to the same extent Sublessor waives its rights in the Master Lease. In any circumstance where Sublessor is obligated by the Master Lease to provide an estoppel certificate to Master Lessor, Sublessee shall provide an estoppel certificate to Master Lessor, if requested. Sublessor shall have the same right to an estoppel certificate from Sublessor as Sublessor grants to Master Lessor. Within seven (7) days after Sublessor’s request, Sublessor shall execute and deliver to Sublessor (i) a subordination and non-disturbance agreement in a form required of Sublessor by Master Lessor or otherwise in a commercially reasonable form; and/or (ii) an estoppel certificate in a form required of Sublessor by Master Lessor or otherwise in a commercially reasonable form and such certificate shall be in favor of such parties as Master Lessor or Sublessor may reasonably designate.

SUBORDINATION AND ESTOPPEL CERTIFICATES. 18.1 This Lease and all rights of Tenant hereunder are subject and subordinate to all underlying leases now or hereafter in existence, and to any supplements, amendments, modifications, and extensions of such leases heretofore or hereafter made and to any deeds to secure debt, mortgages, or other security instruments which now or hereafter cover all or any portion of the Project or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, replacements, and extensions of any of such mortgages. Except as expressly provided in this Section 18.1 below, this provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, and any mortgagee or lessor of Landlord shall reasonably require, and if Tenant fails to so execute, acknowledge and deliver such Instruments within ten (10) days after Landlord's request, Tenant shall be in default of this Lease. Tenant shall not unreasonably withhold, delay, or defer its written consent reasonable modifications in this Lease which are a condition of any construction, interim or permanent financing for the Project or any reciprocal easement agreement with facilities in the vicinity of the Building, provided that such modifications do not increase the obligations of Tenant hereunder or materially and adversely affect Tenant's use and enjoyment of the Premises. This Lease is further subject and subordinate to: (a) all applicable ordinances of any government authority having jurisdiction over the Project, relating to easements, franchises, and other interests or rights upon, across, or appurtenant to the Project; and (b) all utility easements and agreements, now or hereafter created for the benefit of the Project. Notwithstanding anything above to the contrary, Landlord agrees to provide Tenant with commercially reasonable non-disturbance agreement(s) in favor of Tenant from any ground lessors, mortgage holders and deed of trust beneficiaries of Landlord acquiring an interest in the Building or the underlying land after the date of this Lease until the expiration of the Term of this Lease in consideration of, and as an express condition precedent to, any subordination of the Lease provided he...

SUBORDINATION AND ESTOPPEL CERTIFICATES. This Lease, at the option of the Landlord, shall be subject, subordinate and inferior to the lien and estate of any liens, encumbrances or ground leases and any renewals, extensions or replacements thereof, now or hereafter affecting the Premises or the Property. Such subordination shall be effective without any further act of Tenant, but Tenant agrees to execute, acknowledge and deliver promptly upon demand such further instrument or instruments subordinating this Lease to any such liens, encumbrances or ground leases as shall be desired by Landlord, and hereby irrevocably appoints Landlord its attorney in fact to execute and deliver any such instrument or instruments for and in the name of Tenant if Tenant fails to do so within five (5) days after written request by Landlord.

SUBORDINATION AND ESTOPPEL CERTIFICATES. The lease is subordinate to any financing Landlord is not required to obtain subordination, nondisturbance and attornment agreements for its lenders

SUBORDINATION AND ESTOPPEL CERTIFICATES. Provided that Tenant is not required to waive any of its rights under this Lease and is provided with an agreement from any subsequent Landlord that Tenant’s interest in this Lease and the Premises shall remain undisturbed so long as Tenant is not in default: (a) This Lease is and shall be subject and subordinate to the lien of all present and future mortgages affecting the Land and Building. Tenant shall execute any instrument deemed necessary or desirable by Landlord to evidence such subordination. Landlord may assign this Lease to any mortgagee in connection with any such lien and Tenant shall execute any instrument which may be deemed necessary or desirable by Landlord or the holder of said lien in connection with said assignment.

SUBORDINATION AND ESTOPPEL CERTIFICATES. Lessee accepts this lease subject and subordinate to all mortgages which may now or hereafter be a lien upon or affecting the land and building which are the Leased Premises. Lessee shall execute and deliver to the Lessor, within fifteen (15) days after request, an estoppel certificate addressing such matters as may be reasonably requested by an existing or prospective mortgagee or a prospective transferee of the Leased Premises. Further, Lessee shall, within fifteen (15) days after request, and provided Lessee shall not become liable, execute any instrument, release or other document, that may be required by any mortgagee or mortgagor for the purpose of subjecting and subordinating this Lease to the lien of any such mortgage or mortgages, and the failure of Lessee to execute any such instruments, releases, estoppel certificates or documents shall constitute a default hereunder.

SUBORDINATION AND ESTOPPEL CERTIFICATES. LESSEE agrees that this Lease is and shall always be subordinate to any mortgage, deed of trust, or other instruments of security which have been or shall be placed on land and Building, or land or Building of which the Leased Premises form a part, and such subordination is made effective without further action by LESSEE. At any time and from time to time, LESSEE agrees, upon request in writing, from LESSOR, to execute, acknowledge and deliver to LESSOR a statement in writing certifying, that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications) and dates to which the rent and other charges have been paid. LESSEE agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien of any ground Lease, mortgage, deed of trust or Estoppel Certificates, as the case may be, and failing to do so within 10 days after written demand, does hereby make, constitute and irrevocably appoint LESSOR as LESSEE'S attorney in fact and in LESSEE'S name, place, and stead, to do so.