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. 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.
SUBORDINATION AND ESTOPPEL CERTIFICATES. 25.1 This Lease shall be subordinate to any and all encumbrances now of record or recorded after the date of this Lease affecting the Premises, the Building, Common Area, other improvements, and land on which they are a part, and to any and all advances made on the security thereof, and to all renewals, modifications, replacements, and extensions. Tenant shall from time to time on request from Landlord execute, acknowledge, and deliver any documents or instruments that may be required by a lender, or otherwise convenient, to effectuate or acknowledge any subordination. In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any mortgage, deed of trust, or other encumbrance covering the Premises, Tenant shall attorn to the purchaser as landlord, subject to and in accordance with the provisions of the Subordination, Non-Disturbance and Attornment Agreement as provided in Attachment C, attached hereto. If Tenant fails to execute, acknowledge, and deliver any such documents or instruments, Tenant irrevocably constitutes and appoints Landlord as Tenant’s special attorney-in-fact to execute, acknowledge, and deliver any such documents and instruments. Notwithstanding anything contrary specified herein, Landlord shall, within thirty (30) days after the Commencement Date as specified herein, obtain from Landlord’s mortgagee a written “non-disturbance agreement” in favor of Tenant substantially in the form attached hereto as Attachment C which contains modifications to lender’s form made by Tenant and Landlord will submit to Landlord’s lender Tenant’s proposed modifications without any representation that Tenant’s proposed changes can be made, providing that if Tenant has not committed a Default which has not been cured within the applicable notice and cure period, such party will recognize this Lease and Tenant’s rights hereunder and will not disturb Tenant’s possession hereunder, and if this Lease is by operation of law terminated in a foreclosure, that a new lease will be entered into on the same terms as this Lease for the remaining term hereof.
SUBORDINATION AND ESTOPPEL CERTIFICATES. At Landlord’s mortgagee’s option, (a) any mortgage or mortgages now or later placed on Xxxxxxxx’s interest in the Premises may be subordinated to this Lease or (b) this Lease may be subordinated to any mortgage or mortgages now or later placed on Landlord’s interest in the Premises. The mortgagee’s option must be exercised by notice to Tenant. Tenant must execute and deliver, within 30 days after a request, any further instruments, in a form acceptable to the mortgagee, confirming subordination as requested by Landlord or Landlord’s mortgagee. In the event of foreclosure or any conveyance by deed in lieu of foreclosure, Tenant must attorn to Xxxxxxxx’s successor in interest, provided that the successor agrees in writing to recognize Xxxxxx’s rights under this Lease. Tenant must execute and deliver, within 30 days after a request, any further instruments, in a form acceptable to Xxxxxxxx’s successor in interest, attorning to the successor in interest and recognizing it as Landlord under this Lease. Within 30 days after a demand by Landlord, Xxxxxx must execute and deliver to Landlord an estoppel certificate, in a form acceptable to Landlord, certifying
SUBORDINATION AND ESTOPPEL CERTIFICATES. 25 ARTICLE 19 - SURRENDER OF THE PREMISES................................26 ARTICLE 20 - LANDLORD'S RIGHT TO INSPECT..............................26
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 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,
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. 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.
