Common use of SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE Clause in Contracts

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. holder simultaneously with or prior to recording any such Encumbrance executes and delivers a written agreement in recordable form (a) This consenting to this Lease and Xxxxxx’s rights hereunder shall be subordinate to agreeing that, notwithstanding any ground such other lease, mortgage, deed of trust trust, right, title or interest, or any other hypothecation for security now or hereafter placed upon or against the Premisesdefault, and all advances made on the security thereof and to all renewalsexpiration, modificationstermination, consolidationsforeclosure, replacements and extensions thereof. (b) Within five (5) days after Xxxxxx’s requestsale, Xxxxxx shall execute such documents to reflect such subordination of its rights hereunder to the lien of any mortgage, deed of trust entry or other hypothecationact or omission under, and/or pursuant to or affecting any ground lease with respect to the Premises, and to all advances made or to be made upon the security thereof. Notwithstanding of 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 in peaceful enjoyment of the Leased Property nor shall this Lease be terminated or interfered canceled at any time, except in the event Lessor shall have the right to terminate this Lease under the terms and provisions expressly set forth herein; (b) agreeing that it will be bound by all the terms of this Lease (including all terms with as long as Lessee shall pay respect to repurchase and substitution of the Leased Property and extension of the Term) and perform its and observe all of Lessor's obligations as set forth in this Lease. herein; and (c) In the event any proceedings are brought for the foreclosure of, or in the event agreeing that all proceeds of the exercise casualty insurance described in Article XIII of this Lease and all Awards described in Article XIV will be made available to Lessor for restoration 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 Leased Property as and to the purchaser or ground lessor and recognize such purchaser or ground lessor as the lessor under extent required by this Lease; provided that , subject only to reasonable regulation regarding the manner of disbursement and application thereof. Lessee agrees to execute and deliver to Lessor or the holder of an Encumbrance any written agreement required by this Article within ten days of written request thereof by Lessor or the holder of an Encumbrance. Lessee agrees to execute at the request from time to time of Lessor or an institutional investor a certificate setting forth any defaults of Lessor hereunder and the dates through which Rent has been paid and such purchaser or ground lessor shall recognize this Lease other matters as remaining in full force and effect so long as Lessee is not in default thereundermay be reasonably requested.

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 LessorXxxxxx, Lessee Xxxxxx 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.