Subordination Attornment and Nondisturbance. Tenant agrees that, if requested by Landlord, this Lease shall be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Leased Premises and to all modifications thereto, and to all present and future advances made with respect to any such mortgage or deed of trust, provided that Landlord first delivers to Tenant a Subordination and Non-Disturbance Agreement (defined below) from the holder of such lien or mortgage, and Landlord shall obtain the same from the holder of such lien or mortgage. Landlord agrees that any right, title or interest created by Landlord from and after the date hereof in favor of or granted to any third party shall be subject to (i) this Agreement and all of Tenant’s rights, title and interests created in this Agreement, and (ii) any and all documents executed or to be executed by and between Tenant and Landlord in connection with this Agreement. A “Subordination and Non-Disturbance Agreement” shall mean an agreement, in form reasonably acceptable to Tenant, between Tenant, Landlord and the holder of a lien or a mortgage that provides that the holder of such lien or a mortgage (i) agrees not to disturb Tenant’s possession or rights under this Agreement, (ii) agrees to provide notice of defaults under the lien or a mortgage documents to Tenant and agrees to allow Tenant and its lenders a reasonable period of time following such notice to cure such defaults on behalf of Landlord, and (iii) agrees to comply with such other requirements as may be reasonably required by Tenant or its lenders to ensure the interests of Tenant or its lenders are not interfered with. Within ten (10) business days of Tenant’s Option Notice, or within ten (10) business days of the date of creation of any future mortgages or deeds of trust, Landlord shall request Landlord’s secured lenders to provide an Subordination and Non-Disturbance Agreement in form reasonably acceptable to Tenant, executed and acknowledged by Landlord and the holder of any mortgage to which this Lease is, or shall become, subordinate.
Subordination Attornment and Nondisturbance. Upon the request of Landlord, Tenant shall subordinate this Master Lease to the Lien of any encumbrance consented to by Landlord pursuant to Section 15.2. Any such encumbrance, or an ancillary agreement in connection therewith, shall provide, subject to customary limitations and exceptions (a) that so long as no Event of Default shall exist, (i) it is subject to the rights of Tenant under this Master Lease, and (ii) that Tenant's occupancy hereunder, including Tenant's right of quiet enjoyment provided herein, shall not be disturbed if any Person (a "FORECLOSURE PURCHASER") takes possession of the applicable portion of the Premises through foreclosure proceeding or otherwise, and (b) that Tenant shall attorn to any Foreclosure Purchaser.
Subordination Attornment and Nondisturbance. 22.1. This Lease and the estate, interest and rights hereby created are subordinate to any mortgage now or hereafter placed upon the Buildings or the Land or any estate or interest therein, including, without limitation, any mortgage on any leasehold estate, and to all renewals, modifications, consolidations, replacements and extensions of same as well as any substitutions therefor. Tenant agrees that in the event any person, firm, corporation or other entity acquires the right to possession of the Buildings or the Land, including any mortgagee or holder of any estate or interest having priority over this Lease, Tenant shall, if requested by such person, firm, corporation or other entity, attorn to and become the tenant of such person, firm, corporation or other entity, upon the same terms and conditions as are set forth herein for the balance of the Lease Term. Notwithstanding the foregoing, any mortgagee may, at any time, subordinate its mortgage to this Lease, without Tenant's consent, by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such mortgage without regard to their respective dates of execution and delivery, and in that event, such mortgagee shall have the same rights with respect to this Lease as though it had been executed prior to the execution and delivery of the mortgage. Tenant, if requested by Landlord, shall execute such instruments in recordable form as may reasonably be required by Landlord in order to confirm or effect the subordination or priority of this Lease, as the case may be, and the attornment of Tenant to future landlords in accordance with the terms of this Section.
Subordination Attornment and Nondisturbance. Landlord shall, upon Tenant’s request made at any time or from time to time, enter into a Subordination, Attornment and Nondisturbance Agreement in the form of Exhibit “E” (a “SAND Agreement”) with any Subtenant, and if Landlord fails or refuses to enter into a SAND Agreement Landlord shall be deemed to have done so, provided that: (a) the rent per rentable square foot of improvements under such sublease equals or exceeds the corresponding Rent under this Lease, allocated over all improvements constituting part of the Premises or the aggregate rent under such Subleases and all other Subleases as to which Tenant requests or obtains SAND Agreements equals or exceeds the Rent under this Lease, and such Sublease is on terms that are commercially reasonable at the time of execution of such Sublease and (b) Tenant provides Landlord with a copy of such Sublease, which Sublease shall contain the attornment provisions required by this Lease. If Landlord fails to execute and return to Tenant any such SAND Agreement within ten Business Days after Landlord’s receipt of the same, then Landlord authorizes and instructs Tenant to execute such SAND Agreement on Landlord’s behalf. Accordingly, Landlord appoints Tenant as Landlord’s attorney-in-fact, with full power of substitution, to execute and deliver any such SAND Agreement for and on behalf of Landlord. This appointment is coupled with an interest and is irrevocable.
Subordination Attornment and Nondisturbance. Subject to all provisions contained in Sections 30.1; 30.2, 30.3 and 30.4 of the Lease, Lessor shall request that any mortgagee or other lienholder with respect to the Premises execute, a non-disturbance agreement which provides that Lessee’s possession, of the Premises and Lessee’s rights and privileges under the Lease, and any extensions or renewals thereof, shall not be diminished or interfered with by such mortgagee or other lienholder in the exercise of any of such party’s rights.
Subordination Attornment and Nondisturbance. At Lessor’s election, this Lease shall become subject and subordinate to any mortgage or deed of trust that affects the Premises (“Security Instrument”) and is created after the Effective Date. Notwithstanding such subordination, Lessee’s right to quiet possession of the Premises shall not be disturbed so long as Lessee is not in default and performs all of its obligations under this Lease, unless this Lease is otherwise terminated pursuant to its terms. Lessee shall upon request execute any document or instrument required by any lender to make this Lease either prior to or subordinate to a Security Instrument, which may include such other matters as the lender customarily and reasonably requires in connection with such agreements, so long as such document or instrument contains customary and reasonable non-disturbance provisions that reflect Lessee’s rights set forth in the previous sentence. Lessee’s failure to execute any such document or instrument within fifteen (15) days after written demand therefor shall constitute an event of default by Lessee and shall be subject to the provisions of Paragraph 13 of this Lease.
Subordination Attornment and Nondisturbance. (a) Lessee covenants and agrees to execute and deliver upon reasonable request of Lessor such instrument or instruments subordinating this Lease to the lien of a mortgage placed upon the Land or Premises; provided, however, that any such agreement or subordination shall provide that, so long as Lessee is not in default of this Lease, any mortgagee to whose interest this Lease shall become subordinate shall not disturb the Lessee’s peaceful and lawful possession or other rights under this Lease. In the event of a sale or assignment of Lessor’s interest in the Premises, Lessee shall attorn to and recognize such purchaser as Lessor under this Lease, provided that such sale or assignment is made subject to this Lease and the rights of Lessee in the Premises. The provisions of this Article shall be subject to the provisions of Article VIII.
Subordination Attornment and Nondisturbance. Tenant covenants and agrees that this Lease is subject and subordinate to any mortgage or deed of trust which may now or hereafter encumber the Premises, the Building or the Project, and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument of subordination need be requested by any mortgagee. However, Tenant will execute, if requested, a mutually-agreeable Subordination, Non-Disturbance and Attornment Agreement. In the event of the enforcement by the trustee, mortgagee or the beneficiary under any such mortgage or deed of trust of the remedies provided for by law or by such mortgage or deed of trust, Tenant will become the Tenant of, and attorn to, such successor in interest without change in the terms or other provisions of this Lease. Notwithstanding any other provision contained herein, this paragraph shall not result in an interference with Tenant’s Permitted Use and occupancy of the Premises or Tenant’s rights hereunder.
Subordination Attornment and Nondisturbance. Lessor shall, within thirty (30) days after the date of the Lease, provide Lessee with a nondisturbance agreement in form and substance reasonably satisfactory to Lessee pursuant to which Lessor’s lenders with respect to the Building and ground lessors, if any, each agree that Lessee’s rights to possession of the Premises pursuant to the terms of the Lease shall not be disturbed, so long as Lessee is not in default of its obligations under the Lease beyond any applicable notice and cure periods. Such subordination, nondisturbance and attornment agreement shall be in recordable form and shall be substantially in Lessor’s lenders form attached hereto at Exhibit “B”.
Subordination Attornment and Nondisturbance. If the Property is, as of the date of this Lease, subject to the lien of any mortgage, deed of trust, or the interest of any lease in which Lessor is the lessee, then Lessor will provide Lessee with an agreement (Nondisturbance Agreement) ensuring Lessee’s right to possession of the Property and other rights granted under this Lease in accordance with this Lease’s terms and conditions.
