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 that 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
b. In the event of (i) a transfer of Landlord's interest in the Building, (ii) the termination of any ground or underlying lease of the Building or the Land, or both, or (iii) the purchase or other acquisition of the Building or Landlord's interest therein in a foreclosure sale or by deed in lieu of foreclosure under any mortgage or deed of trust, or pursuant to a power of sale contained in any mortgage or deed of trust, then in any of such events Tenant shall, at the request of Landlord or Landlord's successor in interest, attorn to and recognize the transferee or purchaser of Landlord's interest or the lessor under the terminated ground or underlying lease, as the case may be, as Landlord under this Lease for the balance then remaining of the Term, and thereafter this Lease shall continue as a direct lease between such person or entity, as "Landlord," and Tenant, as "Tenant," except that such lessor, transferee or purchaser shall not be liable for any act or omission of Landlord before such lease termination or before such person's succession to title, nor be subject to any offset, defense or counterclaim accruing before such lease termination or before such person's succession to title, nor be bound by any payment of Monthly Base Rent or Additional Rent before such lease termination or before such person's succession to title for more than one month in advance.
c. Xxxxxx agrees, at any time, and from time to time, upon not less than fifteen (15) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, 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 the dates to which the Rent, Additional Rent and other charges have been paid, and stating whether or not to the best knowledge of the signer of such certificate, Landlord is in default in the performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge, and any other info...
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, Sublessor 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 addition, Sublessee grants to Sublessor the same rights of subordination, attornment and waiver as Sublessor grants to Master Lessor for any Security Agreement entered into by Sublessor. 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. Sublessor shall have the same right to an estoppel certificate from Sublessor as Sublessor grants to Master Lessor. Within five (5) business says 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. 28.1 This Lease is and shall be subject and subordinated to the lien of any mortgage or mortgages on or affecting the Demised Premises, or any part thereof, at the date hereof, and to any mortgage or mortgages hereafter made affecting the Demised Premises or the land and buildings of which the Demised Premises are a part, and to all renewals, modifications, consolidations, replacements, or extensions thereof, irrespective of the time of recording such mortgage. LANDLORD shall use its best efforts to obtain within thirty (30) days from the date hereof, from its current lender, and from any future lender or other party in question, a written undertaking, in favor of TENANT to the effect that such lender or other party will not disturb TENANT’s right of possession under this Lease if TENANT is not then or thereafter in breach of any covenant or provision of this Lease. The provisions of this subordination shall be self-operative, but if confirmation of this subordination shall, for any reason be necessary, at LANDLORD’s request, TENANT shall execute and deliver such further instruments as may be reasonably desired in confirmation of such subordination. The foregoing provisions of this paragraph are expressly conditioned, with respects to any mortgage placed hereafter, upon any such fee mortgagee executing and delivering to TENANT an agreement, pursuant to which such fee mortgagee shall agree that the leasehold estate granted to TENANT hereunder and the rights of TENANT pursuant to this Lease to quiet and peaceful possession under this Lease will not be terminated, modified, affected or disturbed by any action which any such mortgagee may take to foreclose any such fee mortgage or to enforce the rights or remedies of the holder thereof, so long as an event of default shall not have occurred under this Lease and TENANT shall pay the basic rent, and additional rents, within the applicable grace periods without offsets or defenses thereto, except as otherwise herewith expressly set forth, and shall fully perform and comply with all terms, covenants, conditions and provisions of this Lease on the part of TENANT hereunder to be performed or complied with and shall attorn to such fee mortgagee.
28.2 TENANT shall, within fifteen (15) days of written request by LANDLORD, execute and deliver to LANDLORD a written declaration in recordable form: (i) ratifying this Lease; (ii) expressing the commencement and termination dates thereof; (iii) certifying that this Lease is ...
SUBORDINATION AND ESTOPPEL CERTIFICATES. (a) (ADDENDUM, PARAGRAPH 24(A)(1))This lease, at Lessor's option, shall be subordinate to the lien of any mortgage or deed of trust subsequently placed upon the real property of which Premises are a part, and to any and all advances made on the security thereof, and to all renewals, modifications, replacements and extensions thereof; provided, however, that as to the lien of any such deed of trust or mortgage, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all the provisions of this lease, unless this lease is otherwise terminated pursuant to its terms. In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any mortgage or deed trust made by Lessor covering the demised Premises (ADDENDUM, PARAGRAPH 24(A)(2)), Lessee shall attorn to the purchaser upon any such foreclosure or sale and shall recognize such purchaser as the Lessor under this lease.
(b) Lessee shall, at any time and from time to time, without cost or charge to Lessor, upon not less than ten (10) days prior written request by 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 there have been modifications, that the same are in full force and effect as modified and stating the modification) and, if so, the dates to which the fixed rent and any other charges have been paid in advance, it being intended that any such statement delivered pursuant to this subsection may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the Premises.
SUBORDINATION AND ESTOPPEL CERTIFICATES. 24 19 SURRENDER OF THE PREMISES..........................................26 20 LANDLORD'S RIGHT TO INSPECT........................................27 21 ROOF SPACE.........................................................27 22 BROKERAGE..........................................................28
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. 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.
