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

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.

Appears in 2 contracts

Samples: Lease Agreement (Atmi Inc), Lease Agreement (Atmi Inc)

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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 's use and enjoyment and will recognize Lessee’s '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 's landlord hereunder.

Appears in 1 contract

Samples: Lease Agreement (Atmi Inc)

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