SUBORDINATION AND ESTOPPEL CERTIFICATES Sample Clauses
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 a. This Lease shall be subject and subordinate at all times to all ground or underlying leases which now exist or may hereafter be executed affecting the Building or any part thereof or the Land, and to the lien of any mortgages or deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Building or any part thereof or the Land, or on or against Landlord’s interest or estate therein or on or against any ground or underlying lease without the necessity of having further instruments on the part of Tenant to effect such subordination. Upon request of Landlord, Tenant will execute any further written instrument necessary to subordinate its rights hereunder to any such underlying leases or liens. If, at any time, or from time to time during the Term, any mortgagee shall request that this Lease have priority over the lien of such mortgage, and if Landlord consents thereto, this Lease shall have priority over the lien of such mortgage and all renewals, modifications, replacements, consolidations and extensions thereof and all advances made thereunder and interest thereon, and Tenant shall, within ten (10) business days after receipt of a request therefor from Landlord, execute, acknowledge and deliver any and all documents and instruments confirming the priority of this Lease. In any event, however, if this Lease shall have priority over the lien of a first mortgage, this Lease shall not become subject or subordinate to the lien of any subordinate mortgage, and Tenant shall not execute any subordination documents or instruments for any subordinate mortgagee, without the written consent of the first mortgagee. Notwithstanding the foregoing, the subordination of the Lease pursuant to this Section 15.a shall be conditioned upon the receipt by Tenant from the current mortgagee of a subordination non-disturbance and attornment agreement (“SNDA”) for Tenant’s benefit on such mortgagee’s standard form of SNDA. Throughout the Term, upon Tenant’s written request, Landlord shall use reasonable efforts to obtain from any future mortgagee a SNDA for Tenant’s benefit on such mortgagee’s standard form of SNDA. Tenant shall pay for (or reimburse Landlord for) all costs (including reasonable attorneys’ fees) incurred by Landlord or any such mortgagee in connection with the negotiation and drafting of any such SNDA, whether or not Landlord is ultimately able to obtain same for Tenant’s benefit.
b. In the event of: (i) a transfer of Landlord’s i...
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. 1. This Lease shall be subject and subordinate to the lien of any mortgage currently placed upon the fee title to Premises and to any mortgage which may in the future be placed upon the fee title to the Premises. Tenant, upon request of any party in interest, shall execute promptly all reasonable instruments necessary to carry out the intent of this section as shall be reasonably requested. The word “Mortgage” as used in this Lease includes mortgages, leasehold mortgages, deeds of trust, or other similar instruments and modifications, consolidations, extensions, renewals, and replacements thereof and substitutes therefor.
2. At any time during the Term, and within (20) days of Landlord’s written request to Tenant, Tenant shall execute, acknowledge, and deliver to the requesting party a certificate certifying: (1) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lase in in full force and effect, as modified, and stating the date and nature of each modification); (2) the date, if any, to which Fixed Annual Rent and other sums payable under this Lease have been paid; (3) that no notice has been received by Landlord or Tenant of any default which has not been cured, except as to defaults specified in the certificate; and (4) such other matters as may reasonably be requested by the requesting party.
SUBORDINATION AND ESTOPPEL CERTIFICATES. As soon as reasonably practicable after the Closing of the Loan, Borrower shall, using commercially reasonable efforts, deliver to Lender subordination and non-disturbance agreements and estoppel certificates, in form and content acceptable to Lender in Lender’s reasonable discretion, from all tenants of each property in the Portfolio.
SUBORDINATION AND ESTOPPEL CERTIFICATES. This Lease is subject and subordinate to all mortgages and deeds of trust which now or hereafter may affect the Demised Premises or the Center, and Lessee shall execute and deliver upon demand of Lessor any and all instruments subordinating this Lease, in the manner requested by Lessor, to any new or existing mortgage or deed of trust. Further, Lessee shall at any time and from time to time, upon not less than ten (10) days’ prior written notice from Lessor, execute, acknowledge and deliver to Lessor a statement in writing, certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which Base Rent, additional rent and other charges are paid in advance, if any, and acknowledging that there are not, to Lessee’s knowledge, any uncured defaults on the part of the Lessor hereunder, or specifying such defaults, if any are claimed. If Lessee falls to provide any such estoppel within the required ten-day period, Lessee shall be deemed to have represented that this Lease is in full force and effect and that Lessor is not in default hereunder.
SUBORDINATION AND ESTOPPEL CERTIFICATES. 15 ARTICLE 19
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. This Lease is subject and subordinate to the lien of any mortgage or deed of trust now or at any time hereafter placed upon the Land, the Building or the Premises. Tenant hereby agrees to promptly execute any and all instruments (including estoppel certificates) to effect such subordination, or to agree to any change in the order of relative priority of such liens, that the Landlord may from time to time request or require. Tenant agrees to attorn to any successor to Landlord's interest in the Premises, whether by sale, foreclosure or otherwise.
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