Common use of SUBORDINATION AND MORTGAGES Clause in Contracts

SUBORDINATION AND MORTGAGES. In the event Landlord’s title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed upon the land and Buildings in which the Premises are located to secure a loan from a lender (“Lender”) to Landlord, Tenant shall without any consideration whatsoever, immediately upon the request of Landlord or Lender, execute in writing (i) an agreement subordinating Tenant’s rights under this Lease to the lien of such “Security Instruments” and/or, if so requested (ii) an agreement that the lien of Lender’s Security Instruments shall remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto including, without limitation, a current statement of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosure, the express terms of this Lease shall not be modified, and Tenant’s rights and possession under this Lease shall not be disturbed provided that Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent and [UNREADABLE].

Appears in 2 contracts

Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

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SUBORDINATION AND MORTGAGES. In the event Landlord’s title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed upon the land and Buildings in which the Premises are located to secure a loan from a lender (“Lender”) to Landlord, Tenant shall without any consideration whatsoever, immediately upon within ten (10) business days after the request of Landlord or Lender, execute in writing (i) an agreement subordinating Tenant’s rights under this Lease to the lien of such “Security Instruments” and/oror, if so requested (ii) an agreement that the lien of Lender’s Security Instruments shall remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto including, without limitation, a current statement of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser purchasers as the Landlord under this Lease. Notwithstanding any such subordination or foreclosure, the express terms of this Lease shall not be modified, and Tenant’s rights and possession under this Lease shall not be disturbed provided that Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent and [UNREADABLE].observe and perform all of the provisions set forth in this Lease to be observed and performed by Tenant. Initials: Initials:

Appears in 1 contract

Samples: Lease Agreement (Anda Networks Inc)

SUBORDINATION AND MORTGAGES. In the event If Landlord’s 's title or leasehold interest in the Premises is now or hereafter encumbered by a the lien of any mortgage or deed of trust and/or other related instruments (“Security Instruments”) placed upon the land and Buildings in which the Premises are located to secure a loan from a lender (hereinafter referred to as a "Lender") to Landlord, Tenant shall without any consideration whatsoevershall, immediately upon at the request of Landlord or Lender, execute in writing (i) an agreement with Lender in a form reasonably acceptable to Tenant subordinating Tenant’s its rights under this Lease to the lien of such “Security Instruments” and/ormortgage or deed of trust, or, if so requested (ii) an agreement requested, agreeing that the lien of Lender’s Security Instruments 's mortgage or deed of trust shall be or remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto includingprovided, without limitationhowever, that such agreement contains a current statement of Tenant’s financial condition. In provision to the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at effect that notwithstanding any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosuresubordination, the express terms of this Lease shall not be modified, and Tenant’s rights and 's possession under this Lease shall not be disturbed provided that if Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent Rent and [UNREADABLE]fully and faithfully observe and perform all of the provisions set forth in this Lease. Tenant’s failure to execute any such document or instrument within fifteen (15) days after written demand therefore shall constitute an Event of Default. Tenant acknowledges that upon receipt from a lender of a "Demand to Pay Rent to Party other than Landlord" under Section 2938 of the California Civil Code, Tenant shall be required to pay all Rents to the Lender as they become due.

Appears in 1 contract

Samples: Lease Agreement (Technoconcepts, Inc.)

SUBORDINATION AND MORTGAGES. In the event Landlord’s 's title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed trust, upon the interest of Landlord in the land and Buildings buildings in which the demised Premises are located located, to secure a loan from a lender (hereinafter referred to as "Lender") to Landlord, Tenant shall without any consideration whatsoevershall, immediately upon at the request of Landlord or Lender, execute in writing (i) an agreement (in form reasonably acceptable to Tenant), subordinating Tenant’s its rights under this Lease to the lien of such “Security Instruments” and/ordeed of trust, Multi Tenant/Complex Initial:____________ BUILDING: Westport 5 PROPERTY: 30-0105 UNIT: 3 LEASE ID: 0105-GUPT01-01 or, if so requested (ii) an agreement requested, agreeing that the lien of Lender’s Security Instruments 's deed of trust shall be or remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto including, without limitation, a current statement of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosuresubordination, the express terms of this Lease shall not be modified, and Tenant’s rights and 's possession under this Lease shall not be disturbed provided that if Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent Rent and [UNREADABLE]observe and perform all of the provisions set forth in this Lease and any subordination agreement shall reflect the agreement of the Lender to the same.

Appears in 1 contract

Samples: Lease Agreement (Warp Technology Holdings Inc)

SUBORDINATION AND MORTGAGES. In the event Landlord’s 's title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed trust, upon the interest of Landlord in the land and Buildings buildings in which the demised Premises are located located, to secure a loan from a lender (hereinafter referred to as "Lender") to Landlord, Tenant shall without any consideration whatsoevershall, immediately upon at the request of Landlord or Lender, execute in writing (i) an agreement subordinating Tenant’s its rights under this Lease to the lien of such “Security Instruments” and/ordeed of trust, or, if so requested (ii) an agreement requested, agreeing that the lien of Lender’s Security Instruments 's deed of trust shall be or remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) . In such event, Tenant shall be provided with a nondisturbance agreement in form reasonably satisfactory to Tenant executed by Lender. Tenant hereby irrevocably appoints Landlord the attorney in fact of Tenant to execute, deliver and record any releases such instrument or other documents incident thereto including, without limitation, a current statement instruments for and in the name and on behalf of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosuresubordination, the express terms of this Lease shall not be modified, and Tenant’s rights and 's possession under this Lease shall not be disturbed provided that if Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent and [UNREADABLE]observe and perform all of the provisions set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Broadbase Software Inc)

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SUBORDINATION AND MORTGAGES. In the event Landlord’s title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed trust, upon the land interest of Landlord in the Premises and Buildings Building in which the demised Premises are located located, to secure a loan from a lender (hereinafter referred to Multi Tenant/Single Parcel Page 23 of 43 BUILDING: Ardenwood I-4 PROPERTY: 1-0514 UNIT: 1 LEASE ID: 0514-WAFE01-01 as “Lender”) to Landlord, Tenant shall without any consideration whatsoevershall, immediately upon at the request of Landlord or Lender, execute in writing (i) an agreement (in form reasonably acceptable to Tenant), subordinating Tenant’s its rights under this Lease to the lien of such “Security Instruments” and/ordeed of trust, or, if so requested (ii) an agreement requested, agreeing that the lien of Lender’s Security Instruments deed of trust shall be or remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto including, without limitation, a current statement of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosuresubordination, the express terms of this Lease shall not be modified, and Tenant’s rights and possession under this Lease shall not be disturbed provided that if Tenant is not then in default hereunder(and if in default, Tenant’s right to cure said default has not expired) and for so long as Tenant shall thereafter pay all rent Rent and [UNREADABLE]observe and perform all of the provisions set forth in this Lease and any subordination agreement shall reflect the agreement of the Lender to the same.

Appears in 1 contract

Samples: Lease Agreement (WaferGen Bio-Systems, Inc.)

SUBORDINATION AND MORTGAGES. In the event Landlord’s title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed upon the land and Buildings in which the Premises are located to secure a loan from a lender (“Lender”) to Landlord, Tenant shall without any consideration whatsoever, immediately upon the request of Landlord or Lender, execute in writing (i) an agreement subordinating Tenant’s rights under this Lease to the lien of such “Security Instruments” and/oror, if so requested (ii) an agreement that the lien of Lender’s Security Instruments shall remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto including, without limitation, a current statement of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosure, the express terms of this Lease shall not be modified, and Tenant’s rights and possession under this Lease shall not be disturbed provided that Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent and [UNREADABLE].observe and perform all of the provisions set forth in this Lease to be observed and performed by Tenant. Initials: /s/ Illegible Initials: /s/ Illegible

Appears in 1 contract

Samples: Lease Agreement (Advanced Analogic Technologies Inc)

SUBORDINATION AND MORTGAGES. In the event Landlord’s title or leasehold interest is now or hereafter encumbered by a deed of trust and/or other related instruments (“Security Instruments”) placed trust, upon the interest of Landlord in the land and Buildings buildings in which the demised Premises are located located, to secure a loan from a lender (thereinafter referred to as “Lender”) to Landlord, Tenant shall without any consideration whatsoevershall, immediately upon at the request of Landlord or Lender, execute in writing (i) an agreement (in form reasonably acceptable to Tenant) subordinating Tenant’s its rights under this Lease to the lien of such “Security Instruments” and/ordeed of trust, or, if so requested (ii) an agreement requested, agreeing that the lien of Lender’s Security Instruments deed of trust shall be or remain subject to and subordinate to the rights of Tenant under this Lease; plus (iii) any releases or other documents incident thereto including, without limitation, a current statement of Tenant’s financial condition. In the event the interest of Landlord in such land and Buildings is encumbered by a deed of trust, and such interest is acquired by the Lender or any third party by reason of foreclosure, then Tenant hereby agrees to attorn to such purchaser at any such foreclosure and thereafter to recognize such purchaser as the Landlord under this Lease. Notwithstanding any such subordination or foreclosuresubordination, the express terms of this Lease shall not be modified, and Tenant’s rights and possession under this Lease shall not be disturbed provided that disputed if Tenant is not then in default hereunder, and for so long as Tenant shall thereafter pay all rent and [UNREADABLE].observe and perform all of the provisions set forth in this Lease and any Subordination agreement shall reflect the agreement of the Lender to the same. SEE XXXXXXXXX 00

Appears in 1 contract

Samples: Sublease (Protein Design Labs Inc/De)

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