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

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. Section 21.0122.01. This Lease and LesseeTenant's leasehold estate shall be subordinate and subject in all respects to any presently existing present and future mortgage or mortgages which are liens against the Premises and, at LessorLandlord's request, Lessee Tenant shall execute and deliver to Lessor Landlord an instrument in recordable form confirming such subordination; provided that such subordination shall not affect the respective rights of LessorLandlord, Lessee Tenant and any mortgagee under Article XII XII. hereof; and, provided further, that Lessor Landlord will use its best efforts to secure for Lessee Tenant at such time an instrument executed by all necessary parties in recordable form whereby any Mortgagee or proposed mortgagee agrees that Lessee Tenant 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 Tenant is not in default hereunder. Section 21.02. if 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 Tenant shall, upon request and upon assumption by said mortgagee of LessorLandlord'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. 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 ar 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 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. ARTICLE XX11.