SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Lease is subject and subordinate to all Mortgages now or hereafter placed upon the Property, and all other encumbrances and matters of public record applicable to the Property, including without limitation, any reciprocal easement or operating agreements, ground or underlying leases, and Tenant shall not act or permit the Premises to be operated in violation thereof and Landlord shall have the right to cause this Lease to be and become and remain subject and subordinate to any and all ground or underlying leases or Mortgages which may hereafter be executed covering the Premises, the Building or the Property or any renewals, modifications, consolidations, replacements or extensions thereof, for the full amount of all advances made or to be made thereunder and without regard to the time or character of such advances, together with interest thereon and subject to all the terms and provisions thereof; provided, however, in all such cases that Landlord obtains from any 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 beyond applicable notice and cure provision(s). Tenant agrees, within ten business (10) days after Landlord’s written request therefor, to execute, acknowledge and deliver upon request any and all reasonable documents or instruments requested by Landlord or necessary or proper to assure the subordination of this Lease to any such Mortgages, deeds of trust, or leasehold estates. If any foreclosure or power of sale proceedings are initiated by any Lender or a deed in lieu is granted (or if any ground lease is terminated), Tenant agrees, upon written request of any such Lender or any purchaser at such foreclosure sale, to attorn and pay Rent to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment, within ten (10) business days of Landlord’s request therefor. In the event of attornment, no Lender shall be: (i) liable for any act or omission of Landlord, or subject to any offsets or defenses which Tenant might have against Landlord except for the payment of any outstanding Tenant Work Allowance (prior to such Lender becoming Landlord under such attornment), (ii) liable for any security deposit or bound by any prepaid Rent not actually received by such Lender, or...
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. (A) Subordination and nondisturbance Tenant agrees that this lease is and shall be subject and subordinate to all mortgages (as defined in article XXVI) now or hereafter placed upon the property, provided, however, that such subordination shall be subject to the express condition that the holder of any mortgage shall have furnished to tenant a nondisturbance agreement in recordable form reasonably satisfactory to tenant. In the event, however, that any holder (as defined in article XXVI) shall elect to make this lease prior to the lien of its mortgage, and shall give written notice thereof to tenant, this lease shall be deemed prior to such mortgage. Tenant shall execute such documentation as landlord may reasonably request from time to time, in order to confirm the matters set forth in this article XX, in recordable form.
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Agreement is subject and subordinate to all Mortgages (as defined below) whether executed and delivered prior to or subsequent to the date of this Agreement, and to the provisions of any reciprocal easement, operating agreement, declaration, restrictive covenant, and all other encumbrances and matters of public record applicable to the Property. However, any Holder (as defined below) may elect to make this Agreement prior to the lien of its Mortgage, by written notice to Licensee. Licensee shall execute such documentation as Licensor or any Holder may request from time to time, in order to confirm the matters set forth in this Section. If any foreclosure proceedings are initiated by any Holder or deed in lieu is granted or any ground lease is terminated, Licensee agrees, upon written request of any such Holder or any purchaser at foreclosure sale, to attorn to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment (provided such Holder or purchaser shall agree to accept this Agreement and not disturb Licensee’s occupancy, so long as Licensee does not Default under this Agreement). In the event of attornment, no Holder shall be (a) liable for any act or omission of Licensor, or be subject to any offset or defense which Licensee might have against Licensor (prior to such Holder becoming Licensor); or (b) bound by any future modification of this Agreement not consented to by such Holder. If in connection with obtaining a mortgage on the Property, a lender shall request reasonable modifications to this Agreement, Licensee will not unreasonably withhold, delay or condition its consent thereto, provided that such modifications do not increase the obligations of Licensee hereunder. “
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. 17 ARTICLE 20
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Lease is subject and subordinate to all Mortgages (as defined in Article 25) now or hereafter placed upon the Property, and all other encumbrances and matters of public record applicable to the Property. This clause shall be self-operative and no further instrument of subordination shall be required by any ground or underlying lessor or by any Holder (as defined in Article 25), provided, that such ground or underlying lessor or Holder
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. This Lease is subject and subordinate to all Mortgages now or hereafter placed upon the Building, and all other encumbrances and matters of public record applicable to the Building, including without limitation, any reciprocal easement or operating agreements, covenants, conditions and restrictions and Tenant shall not act or permit the Premises to be operated in violation thereof. If any foreclosure or power of sale proceedings are initiated by any Lender or a deed in lieu is granted (or if any ground lease is terminated), Tenant agrees, upon written request of any such Lender or any purchaser at such foreclosure sale and upon receipt of a reasonably satisfactory subordination, non-disturbance and attornment agreement, to attorn and pay Rent to such party and to execute and deliver any instruments necessary or appropriate to evidence or effectuate such attornment. In the event of attornment, no Lender shall be: (i) liable for any act or omission of Landlord, or subject to any offsets or defenses which Tenant might have against Landlord (prior to such Lender becoming Landlord under such attornment), (ii) liable for any security deposit or bound
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. (A) Subordination and nondisturbance Tenant agrees that this lease is and shall be subject and subordinate to all mortgages now or hereafter placed upon the property. Tenant shall execute such documentation as Landlord may reasonably request from time to time, in order to confirm the matters set forth in this Article XV, in recordable form.
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. Effective as of the date of this Amendment, Article 17 of the Lease is amended by inserting the following at the end thereof: "Notwithstanding the above, Landlord agrees that Tenant's subordination to a Mortgage hereafter placed upon the Building shall be conditioned upon Tenants receipt from the applicable Lender, a written subordination and non- disturbance agreement for the benefit of Tenant. Said subordination and non-disturbance agreement shall be in the Lender's standard form and shall provide, among other provisions, that so long as this Lease shall be in full force and effect that in the event it should become necessary to foreclose the Mortgage, the Lender thereunder will not join Tenant in summary or foreclosure proceedings or otherwise disturb Tenant's possession of the Premises pursuant to this Lease, so long as Tenant is not in default under any of the terms, covenants or conditions of this Lease."
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. In the ninth line of Article 17 after the clause "such attornment", insert the clause "subject to recognition by any such Lender of the validity and continuance of this Lease and such Lender's agreement not to disturb Tenant's possession of the Premises so long as Tenant shall not be in default of this Lease". Insert the following at the end of Article 17: If Tenant is required to deliver any documentation to any Lender to confirm the matters set forth in this Article 17, then Landlord shall use commercially reasonable efforts to obtain an agreement of non-disturbance as to Tenant's possession of the Premises, in form acceptable to Landlord, from any such Lender.
SUBORDINATION, ATTORNMENT AND MORTGAGEE PROTECTION. (a) Landlord may have heretofore or may hereafter encumber with a security interest, assignment, mortgage or trust deed the Building, the Property or any interest therein, and may have heretofore and may hereafter sell and lease back the Property, or any part thereof, and may have heretofore or may hereafter assign or encumber the leasehold estate under such lease with an assignment, mortgage or trust deed. (Any such security interest, assignment, mortgage or trust deed is herein called a "Mortgage" and the holder of any such security interest, assignment, mortgage or the beneficiary under any such trust deed is herein called a "Mortgagee". Any such lease of the underlying land is herein called a "Ground Lease", and the lessor under any such lease is herein called a "Ground Lessor". Any Mortgage which is a first lien against the Building, the Property, the leasehold estate under a Ground Lease or any interest therein is herein called a "First Mortgage" and the holder or beneficiary of any First Mortgage is herein called a "First Mortgagee").
