Common use of SUBORDINATION AND MORTGAGES Clause in Contracts

SUBORDINATION AND MORTGAGES. Paragraph 20 is modified to provide that, provided Tenant is not in default in the terms of this Lease, this Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-disturbance and attornment agreement in which the Lender agrees that notwithstanding any subordination of this Lease to such Lender's mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's rights under this Lease, and (ii) in the event of a foreclosure, this Lease shall not be terminated so long as Tenant is not in default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 7 contracts

Samples: Lease Agreement (Cosine Communications Inc), Lease Agreement (Cosine Communications Inc), Lease Agreement (Cosine Communications Inc)

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SUBORDINATION AND MORTGAGES. Paragraph 20 17 is modified to provide that, provided Tenant is not in default in the terms of that this Lease, this --------------------------- Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-non- disturbance and attornment agreement in which the Lender agrees that notwithstanding any subordination of this Lease to such Lender's mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's rights under this Lease, and (ii) in the event of a foreclosure, this Lease shall not be terminated so long as Tenant is not in default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Pointcast Inc)

SUBORDINATION AND MORTGAGES. Paragraph 20 17 is modified to provide that, provided Tenant is not in default in the terms of that this Lease, this --------------------------- Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-non- disturbance and attornment agreement in which the Lender agrees that notwithstanding any subordination of this Lease to such Lender's mortgage or deed of trust, (i) such Lender shall recognize all of or Tenant's rights under this Lease, and (ii) in the event of a foreclosure, this Lease shall not be terminated so long as Tenant is not in default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Pointcast Inc)

SUBORDINATION AND MORTGAGES. Paragraph 20 17 is modified to provide that, provided Tenant is not in default in the terms of this Lease, that this Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-disturbance and attornment agreement in which the Lender agrees that notwithstanding any subordination of this Lease to such Lender's ’s mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's ’s rights under this Lease, and (ii) in the event of a foreclosure, foreclosure this Lease shall not be terminated so long as Tenant is not in material default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

SUBORDINATION AND MORTGAGES. Paragraph 20 17 is modified to provide that, provided Tenant is not in default in the terms of this Lease, that this Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-disturbance and attornment agreement in which the Lender agrees that notwithstanding any subordination of this Lease to such Lender's mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's rights under this Lease, and (ii) in the event of a foreclosure, foreclosure this Lease shall not be terminated so long as Tenant is not in material default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Quantum Corp /De/)

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SUBORDINATION AND MORTGAGES. (CONTINUED): Paragraph 20 17 is modified to provide that, provided Tenant is not in default in the terms of this Lease, that this Lease shall not be subordinate to a mortgage or deed of trust unless the Lender lender holding such mortgage or deed of trust enters enter into a written subordination, non-disturbance and attornment agreement in which the Lender lender agrees that notwithstanding any subordination of this Lease to such Lenderlender's mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's Tenants rights under this Lease, and (ii) in the event of a foreclosure, this Lease shall not be terminated so long as Tenant is in not in material default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform in the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

SUBORDINATION AND MORTGAGES. Paragraph 20 17 ("Subordination and Mortgages") --------------------------- is modified to provide that, provided Tenant is not in default in the terms of this Lease, that this Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-disturbance and attornment agreement in which the Lender agrees that notwithstanding any subordination of this Lease to such Lender's mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's rights under this Lease, and (ii) in the event of a foreclosure, this Lease shall not be terminated so long as Tenant is not in default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Somnus Medical Technologies Inc)

SUBORDINATION AND MORTGAGES. Paragraph 20 17 is modified to provide that, that ----------------------------- provided Tenant is not in default in the terms of this Lease, this Lease shall not be subordinate to a mortgage or deed of trust unless the Lender holding such mortgage or deed of trust enters into a written subordination, non-disturbance and attornment agreement in which the Lender Xxxxxx agrees that notwithstanding any subordination of this Lease to such LenderXxxxxx's mortgage or deed of trust, (i) such Lender shall recognize all of Tenant's rights under this Lease, and (ii) in the event of a foreclosure, this Lease shall not be terminated so long as Tenant is not in default of its obligations under this Lease, but shall continue in effect and Tenant and such Lender (or any party acquiring the Premises through such foreclosure) shall each be bound to perform the respective obligations of Tenant and Landlord with respect to the Premises arising after such foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Oni Systems Corp)

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