SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE a. Tenant agrees that (i) this Lease is, and all of Tenant's rights hereunder are and shall always be, subject and subordinate to any Mortgage now existing or hereafter given by Landlord and to all advances made or to be made thereunder and to the interest thereon, and all renewals, replacements, modifications, consolidations, or extensions thereof; and (ii) that if any of Landlord's Mortgagees or if the purchaser at any foreclosure sale or at any sale under a power of sale or assent to decree contained in any such Mortgage shall at its sole option so request, Tenant will attorn to, and recognize such Mortgagee or purchaser, as the case may be, as landlord under this Lease for the balance then remaining of the Term of this Lease, subject to all terms of this Lease; and (iii) that the aforesaid provisions shall be self-operative, and no further instrument or document shall be necessary unless required by any such Mortgagee or purchaser.
b. Tenant agrees that none of Landlord's Mortgagee, Landlord's Mortgagee-in-possession, or purchaser shall either: (i) be bound by any payment of Rent made more than thirty (30) days prior to its due date, and any such sum shall be due and payable on the due date; or (ii) be responsible for the Security Deposit or other similar funds in respect of this Lease not actually paid to it.
c. In the event Tenant fails to execute and deliver the instruments and documents as provided for in this Section within the time period set forth herein, Tenant does hereby make, constitute, and appoint Landlord or such Mortgagee or purchaser, as the case may be, as Tenant's attorney-in-fact and in its name, place, and stead to do so. The aforesaid power of attorney is given as security coupled with an interest and is irrevocable.
d. If Tenant pays Annual Rent and Additional Rent provided herein, and otherwise fully performs the terms, covenants, and conditions imposed herein, Tenant's agreement to subordinate and attorn as provided in this Section shall subject Landlord's Mortgagee, Landlord's Mortgagee-in-possession, or purchaser, as the case may be, recognizing this Lease and Tenant's rights hereunder.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. (a) This Lease and Xxxxxx’s rights hereunder shall be subordinate to any ground lease, mortgage, deed of trust or any other hypothecation for security now or hereafter placed upon or against the Premises, and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof.
(b) Within five (5) days after Xxxxxx’s request, Xxxxxx shall execute such documents to reflect such subordination of its rights hereunder to the lien of any mortgage, deed of trust or other hypothecation, and/or to any ground lease with respect to the Premises, and to all advances made or to be made upon the security thereof. Notwithstanding the foregoing, this Section 15.16(b) shall be self-operative and no further instrument of subordination shall be required; provided that Lessee shall execute and deliver such instrument of subordination within five (5) days after Xxxxxx’s request as provided above. As a condition of Lessor refinancing the Premises after the Commencement Date, Lessor shall obtain from the prospective lender a Subordination, Attornment and Non-Disturbance Agreement in form and substance reasonably acceptable to Lessee for execution by Lessor, Lessee and the prospective lender, which among other things, shall provide that Xxxxxx’s rights under this Lease shall not be disturbed or interfered with as long as Lessee shall pay and perform its obligations as set forth in this Lease.
(c) In the event any proceedings are brought for the foreclosure of, or in the event of the exercise of the power of sale under any mortgage, deed of trust or other hypothecation encumbering the Premises, or in the event of a termination of any ground lease affecting the Premises, Lessee shall attorn to the purchaser or ground lessor and recognize such purchaser or ground lessor as the lessor under this Lease; provided that any such purchaser or ground lessor shall recognize this Lease as remaining in full force and effect so long as Lessee is not in default thereunder.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. 26.1. This Lease shall be subject and subordinate to the lien of any existing mortgage covering the Premises, or any part thereof, and to any future mortgage, provided that any such future mortgage (or a subordination, non-disturbance and attornment agreement entered into for the benefit of Lessee from the holder thereof) shall provide that the Fee Mortgagee holding such mortgage shall not be entitled to terminate this Lease, or in any way disturb Lessee’s use and enjoyment and will recognize Lessee’s rights contained in this Lease, where Lessee is not then in default hereunder beyond any applicable grace period with respect to such default. Lessor shall use reasonable efforts to obtain similar non-disturbance agreements from any existing Fee Mortgagee.
26.2. Subject to the provisions of 26.1 above, Lessee agrees that Lessee shall attorn to and recognize any foreclosing Fee Mortgagee or other such successor in interest to Lessor, as Lessee’s landlord hereunder.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. 44 ARTICLE 34
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. Section 21.01. This Lease and Lessee's leasehold estate shall be subordinate and subject in all respects to any presently existing mortgage or mortgages which are liens against the Premises and, at Lessor's request, Lessee shall execute and deliver to Lessor an instrument in recordable form confirming such subordination; provided that such subordination shall not affect the respective rights of Lessor, Lessee and any mortgagee under Article XII hereof; and, provided further, that Lessor will use its best efforts to secure for Lessee at such time an instrument executed by all necessary parties in recordable form whereby any Mortgagee or proposed mortgagee agrees that Lessee shall not be interfered with or disturbed in its use, possession and enjoyment of the Premises by the mortgagee, or any person or firm claiming under the mortgagee, such instrument to be binding upon any successor of a Mortgagee or any purchaser at judicial sale upon foreclosure of the mortgage, so long as Lessee is not in default hereunder.
Section 21.02. if at any time during the Term any Mortgagee or proposed mortgagee shall become owner of the Premises as a result of foreclosure or otherwise or becomes a "Mortgagee in Possession" of the Premises, Lessee shall, upon request and upon assumption by said mortgagee of Lessor's obligations hereunder, attorn to such mortgagee from time to time upon the then terms and conditions of this Lease and shall execute instruments in confirmation of such attornment.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. This Lease and all rights of the Tenant hereunder are subject and subordinate to any mortgage, or other security instrument which does now or hereafter encumber the Leased Property or any interest of Landlord therein and to any and all advances made on the security thereof, and to any and all increased, renewals, modifications, consolidations, and extension of any such mortgage or security instrument. No further writing from Tenant shall be necessary to evidence such subordination, however, within fifteen (15) days after written request from Landlord, Tenant agrees to execute any instrument which may be deemed necessary or desirable by Landlord to further effect the subordination of this Lease to any mortgage. Should Tenant fail to respond to such request, Tenant hereby irrevocably appoints Landlord as attorney-in-fact of Tenant at any time for Tenant, and in Tenant's name, to execute proper subordination agreements to this effect. If the interest of Landlord in the Leased Property is transferred to any person or entity by reason of foreclosure or other proceedings for enforcement of any mortgage or security interest or by delivery of a deed in lieu of foreclosure or other proceedings, Tenant shall immediately and automatically attorn to such person or entity. In the event of such transfer, this Lease and Tenant's rights hereunder shall continue undisturbed so long as Tenant is not in default.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. 15.1 Subordination and Attornment ---------------------------- This Lease shall, at Lessor's option, be subject, subordinate and inferior in lien to a mortgage that may hereafter be placed on the Premises, and Lessee will, upon demand, without cost, execute any instrument necessary to effectuate such subordination. If, within five (5) days after submission of such instrument, Lessee fails to execute same, Lessor is hereby authorized to execute same as attorney-in-fact, coupled with an interest, for Lessee.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. 18.1 Existing Rights, Liens or Leases. Landlord represents and warrants to Tenant that, as of the Commencement Date, Deutsche Bank AG New York Branch ("Lender") is the holder of the only mortgage or deed of trust on or against the Property or on or against Landlord’s interest therein, and Landlord has not granted any other right to acquire the Property to any third party (e.g., an option to purchase or lease, whether recorded or not). Landlord, Tenant and Lender will enter into a subordination, non-disturbance and attornment agreement ("SNDA"), in the form of the Exhibit F attached hereto, simultaneously with, and as a condition to the effectiveness of, this Lease.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. A. Subject to Lessee’s receipt of a Non-Disturbance Agreement, this Lease, at Lessor’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation for security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. If Lessor or any mortgagee, trustee, or ground lessor shall elect to have this Lease prior to the lien of a mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to any such mortgage, deed of trust or ground lease or the date of recording thereof, subject to Lessee’s receipt of the Non-Disturbance Agreement. “Non-Disturbance Agreement” shall mean an agreement which provides that Lessee, upon Lessee paying the rent and other charges and performing all of the covenants and provisions aforesaid on Lessee’s part to be observed and performed, shall and may peaceably and quietly have, hold and enjoy the Premises in accordance with this Lease, notwithstanding any foreclosure or other action taken by such party against Lessor or Lessor’s interest in the Property. Lessor shall, within ninety (90) days following the execution of this Lease, cause all lender’s secured by a deed of trust on the Property to execute and deliver to Lessee a subordination, attornment and non-disturbance agreement, which must contain a Non-Disturbance Agreement.
SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. 32 16.1 Subordination..................................32 16.2 Attornment.....................................33 16.3 Rights of Mortgagees and Assignees.............33
