Common use of Subordination and Nondisturbance Clause in Contracts

Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground lease, first mortgage or first deed of trust now or later encumbering the Building or Project, and to all their renewals, modifications, supplements, consolidations and replacements (an “Encumbrance”). With respect to any Encumbrance first encumbering the Building or Project subsequent to the Date of this Lease, Landlord will use commercially reasonable efforts to cause the holder of such Encumbrance to agree (either in the Encumbrance or in a separate agreement with Tenant) that so long as Tenant is not in Default of its obligations under this Lease, this Lease will not be terminated and Tenant’s possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automatically, Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to execute and deliver to Landlord or the current or prospective holder of an Encumbrance such instrument(s) as may be reasonably required to evidence such subordination within 10 days after Landlord’s request therefor. In the alternative, however, the holder of an Encumbrance may unilaterally elect to subordinate such Encumbrance to this Lease.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

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Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground lease, first mortgage or first deed of trust now or later encumbering the Building or ProjectLand, and to all their renewals, modifications, supplements, consolidations and replacements (an "Encumbrance"). With respect to any Encumbrance first encumbering the Building or Project Land subsequent to the Date of this Lease, Landlord will use commercially reasonable its good faith efforts to cause the holder of such Encumbrance to agree (either in the Encumbrance or in a separate agreement with Tenant) that so long as Tenant is not in Default default of its obligations under this Lease, this Lease will not be terminated and Tenant’s 's possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automatically, Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to promptly execute and deliver to Landlord or the current or prospective holder of an Encumbrance such instrument(s) as may be reasonably required to evidence such subordination within 10 days after Landlord’s request thereforsubordination. In the alternative, however, the holder of an Encumbrance may unilaterally elect to subordinate such Encumbrance to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground lease, first mortgage or first deed of trust now or later encumbering the Building Buildings or Project, and to all their renewals, modifications, supplements, consolidations and replacements (an “Encumbrance”). With respect to any Encumbrance first encumbering the Building Buildings or Project subsequent to the Lease Date of this Lease, Landlord will use its commercially reasonable efforts to cause the holder of such Encumbrance to agree (either in the Encumbrance or in by delivery of a separate agreement with Tenantcommercially reasonable subordination, non-disturbance and attornment agreement) that so long as Tenant is not in Default of its obligations under this Lease, this Lease will not be terminated and Tenant’s possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automatically, Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to execute and deliver to Landlord or the current or prospective holder of an Encumbrance such commercially reasonable instrument(s) as may be reasonably required to evidence such subordination within 10 business days after Landlord’s request therefor. In the alternative, however, the holder of an Encumbrance may unilaterally elect to subordinate such Encumbrance to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Exelixis, Inc.)

Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground lease, first mortgage or first deed of trust now or later encumbering the Building or ProjectLand, and to all their renewals, modifications, supplements, consolidations and replacements (an "Encumbrance"). With ; provided, however, with respect to any Encumbrance first encumbering the Building or Project Land subsequent to the Date of this Lease, Landlord will use commercially reasonable efforts to cause the holder of such Encumbrance to agree (either in the Encumbrance or in a separate agreement with Tenant) that so long as Tenant is not in Default default of its obligations under this Lease, this Lease will not be terminated and Tenant’s 's possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automaticallyautomatically (subject to the foregoing sentence), Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to promptly execute and deliver to Landlord or the current or prospective holder of an Encumbrance such instrument(s) as may be reasonably required to evidence such subordination within 10 days after Landlord’s request thereforsubordination. In the alternative, however, the holder of an Encumbrance may unilaterally elect to subordinate such Encumbrance to this Lease. Landlord shall use commercially reasonable efforts to provide Tenant with a subordination, nondisturbance and attornment agreement in a form reasonably acceptable to Landlord, Tenant and Landlord's lender within forty-five (45) days after execution of this Lease by Tenant and Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tickets Com Inc)

Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground lease, first mortgage or first deed of trust now or later encumbering the Building or Project, and to all their renewals, modifications, supplements, consolidations and replacements (an “Encumbrance”). With respect to any Encumbrance first encumbering the Building or Project Premises as of and subsequent to the Date of this Lease, Landlord will use commercially reasonable its best efforts to cause the holder of such Encumbrance Lender to agree (either in the Encumbrance or in a separate agreement with Tenant) that so long as Tenant is not in Default default of its obligations under this Lease, this Lease will not be terminated and Tenant’s possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automatically, Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to promptly execute and deliver to Landlord or the current or prospective holder of an Encumbrance any Lender such instrument(s) as may be reasonably required to evidence such subordination, provided such subordination within 10 days after Landlordinstrument provides that so long as Tenant is not in default of its obligations under this Lease, this Lease will not be terminated and Tenant’s request thereforpossession of the Premises will not be disturbed by Lender. In the alternative, however, the holder of an Encumbrance any Lender may unilaterally elect to subordinate such its Encumbrance to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Encision Inc)

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Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground leaseEncumbrance. WITHIN 60 DAYS AFTER THE FULL EXECUTION OF THIS LEASE, first mortgage or first deed of trust now or later encumbering the Building or ProjectLANDLORD WILL DELIVER TO TENANT A SUBORDINATION, and to all their renewalsNON-DISTURBANCE, modificationsAND ATTORNMENT AGREEMENT SUBSTANTIALLY IN THE FORM OF EXHIBIT E ATTACHED HERETO, supplementsEXECUTED BY GENERAL ELECTRIC CAPITAL CORPORATION, consolidations and replacements (an “Encumbrance”)LANDLORD'S LENDER. With respect to any Encumbrance first encumbering the Building or Project subsequent to the Date of this Lease, upon Tenant's request, Landlord will use commercially reasonable its good faith efforts to cause the holder of such Encumbrance Lender to agree (either in the Encumbrance or in a separate agreement with Tenant) that so long as Tenant is not in Default default of its obligations under this Lease, this Lease will not be terminated and Tenant’s 's possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automatically, Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to promptly execute and deliver to Landlord or the current or prospective holder of an Encumbrance any Lender such instrument(s) as may be reasonably required to evidence such subordination within 10 days after Landlord’s request thereforsubordination. In the alternative, however, the holder of an Encumbrance any Lender may unilaterally elect to subordinate such its Encumbrance to this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Xanodyne Pharmaceuticals Inc)

Subordination and Nondisturbance. This Lease is and will be subject and subordinate in all respects to any ground leaseLease, first mortgage or first deed of trust now or later encumbering the Building or ProjectLand, and to all their renewals, modifications, supplements, consolidations and replacements (an "Encumbrance"). With respect to any Encumbrance first encumbering the Building or Project Land subsequent to the Date of this Lease, Landlord will use commercially reasonable its good faith efforts to cause the holder of such Encumbrance to agree (either in the Encumbrance or in a separate agreement with Tenant) that so long as Tenant is not in Default default of its obligations under this Lease, this Lease will not be terminated and Tenant’s 's possession of the Premises will not be disturbed by the termination or foreclosure, or proceedings for enforcement, of such Encumbrance. While such subordination will occur automatically, Tenant agrees, upon request by and without cost to Landlord or any successor in interest, to promptly execute and deliver to Landlord or the current or prospective holder of an Encumbrance such instrument(s) as may be reasonably required to evidence such subordination within 10 days after Landlord’s request thereforsubordination. In the alternative, however, the holder of an Encumbrance may unilaterally elect to subordinate such Encumbrance to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Pennaco Energy Inc)

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