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

SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. This Lease is subject and subordinate to any mortgage that may now or hereafter encumber the Leases Premises, and any renewals, modifications, consolidations, replacements or extensions thereof; provided, however, that as a condition to such subordination Landlord shall, from time to time, exercise cause the holder of such mortgage to deliver to Tenant a written agreement that it shall not disturb the possession of Tenant so long as Tenant is not in material default hereunder (which default must be cured by Tenant), in the form typically utilized by such holder of the mortgage. If Landlord’s interest in the Leased Premises is acquired by any mortgagee, or purchaser at a foreclosure sale, Tenant shall attorn to the transferee of or successor to Landlord’s interest in the Leased Premises and recognize such transferee or successor as landlord under this Lease, and so long as Tenant is not in default under this Lease Agreement (subject to applicable rights to cure), this Lease shall, with regard to the Leased Premises, continue in full force and effect as a direct lease between the lender or its successors and assigns and Tenant. In confirmation of such subordination, Tenant shall execute promptly any certificate or instrument of subordination that Landlord may request. In the event that Landlord sells the Leased Premises to any other person or entity, Tenant upon written notice of same shall thereafter look only to such other person or entity for enforcement of any provisions of this Lease Agreement.

SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. This Lease is and all rights of the Tenant hereunder are subject and subordinate to any mortgage that may or other security instrument which does now or hereafter encumber the Leases PremisesLeased Premises 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, replacements and extension of any such mortgage or extensions thereof; providedsecurity instrument. No further writing from Tenant shall be necessary to evidence such subordination, however, that as a condition within fifteen (15) days after written request from Landlord, Xxxxxx 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 shallin the Leased Premises 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, from time Tenant shall immediately and automatically attorn to time, exercise cause such person or entity. In the holder event of such mortgage to deliver to Tenant a written agreement that it transfer, this Lease and Xxxxxx’s rights hereunder shall not disturb the possession of Tenant continue undisturbed so long as Tenant is not in material default hereunder (which default must be cured by Tenant), in the form typically utilized by such holder of the mortgage. If Landlord’s interest in the Leased Premises is acquired by any mortgagee, or purchaser at a foreclosure sale, Tenant shall attorn to the transferee of or successor to Landlord’s interest in the Leased Premises and recognize such transferee or successor as landlord under this Lease, and so long as Tenant is not in default under this Lease Agreement (subject to applicable rights to cure), this Lease shall, with regard to the Leased Premises, continue in full force and effect as a direct lease between the lender or its successors and assigns and Tenant. In confirmation of such subordination, Tenant shall execute promptly any certificate or instrument of subordination that Landlord may request. In the event that Landlord sells the Leased Premises to any other person or entity, Tenant upon written notice of same shall thereafter look only to such other person or entity for enforcement of any provisions of this Lease Agreementdefault.

SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. This Lease is and all rights of the Tenant hereunder are subject and subordinate to any mortgage that may mortgage, or other security instrument which does now or hereafter encumber the Leases PremisesLeased 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, replacements and extension of any such mortgage or extensions thereof; providedsecurity instrument. No further writing from Tenant shall be necessary to evidence such subordination, however, that as a condition 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 shallin 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, from time Tenant shall immediately and automatically attorn to time, exercise cause such person or entity. In the holder event of such mortgage to deliver to Tenant a written agreement that it transfer, this Lease and Tenant's rights hereunder shall not disturb the possession of Tenant continue undisturbed so long as Tenant is not in material default hereunder (which default must be cured by Tenant), in the form typically utilized by such holder of the mortgage. If Landlord’s interest in the Leased Premises is acquired by any mortgagee, or purchaser at a foreclosure sale, Tenant shall attorn to the transferee of or successor to Landlord’s interest in the Leased Premises and recognize such transferee or successor as landlord under this Lease, and so long as Tenant is not in default under this Lease Agreement (subject to applicable rights to cure), this Lease shall, with regard to the Leased Premises, continue in full force and effect as a direct lease between the lender or its successors and assigns and Tenant. In confirmation of such subordination, Tenant shall execute promptly any certificate or instrument of subordination that Landlord may request. In the event that Landlord sells the Leased Premises to any other person or entity, Tenant upon written notice of same shall thereafter look only to such other person or entity for enforcement of any provisions of this Lease Agreementdefault.

SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE. Section 22.01. This Lease is and Tenant's leasehold estate shall be subordinate and subject and subordinate in all respects to any present and future mortgage or mortgages which are liens against the Premises and, at Landlord's request, Tenant shall execute and deliver to Landlord an instrument in recordable form confirming such subordination; provided that may now or hereafter encumber such subordination shall not affect the Leases Premisesrespective rights of Landlord, Tenant and any renewalsmortgagee under Article XII. hereof; and, modifications, consolidations, replacements or extensions thereof; provided, howeverprovided further, that as a condition Landlord will use its best efforts to secure for Tenant at such subordination Landlord shall, from time to time, exercise cause the holder of such mortgage to deliver to an instrument executed by all necessary parties in recordable form whereby any Mortgagee or proposed mortgagee agrees that Tenant a written agreement that it shall not disturb be interfered with or disturbed in its use, possession and enjoyment of the possession Premises by the mortgagee, or any person or firm claiming under the mortgagee, such instrument to be binding upon any successor of Tenant so long as Tenant is not in material default hereunder (which default must be cured by Tenant), in the form typically utilized by such holder a Mortgagee or any purchaser at judicial sale upon foreclosure of the mortgage. If Landlord’s interest in the Leased Premises is acquired by any mortgagee, or purchaser at a foreclosure sale, Tenant shall attorn to the transferee of or successor to Landlord’s interest in the Leased Premises and recognize such transferee or successor as landlord under this Lease, and so long as Tenant is not in default under hereunder. 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, Tenant shall, upon request and upon assumption by said mortgagee of Landlord's obligations hereunder, attorn to such mortgagee from time to time upon the then terms and conditions of this Lease Agreement (subject to applicable rights to cure), this Lease shall, with regard to the Leased Premises, continue and shall execute instruments in full force and effect as a direct lease between the lender or its successors and assigns and Tenant. In confirmation of such subordination, Tenant shall execute promptly any certificate or instrument of subordination that Landlord may request. In the event that Landlord sells the Leased Premises to any other person or entity, Tenant upon written notice of same shall thereafter look only to such other person or entity for enforcement of any provisions of this Lease Agreementattornment.