SUBORDINATION; ATTORNMENT; ESTOPPEL. 26. (a) This Lease and all of Tenant’s rights hereunder are and shall be subject and subordinate to all currently existing and future mortgages affecting the Premises. Within ten (10) days after the receipt of a written request from Landlord or any Landlord mortgagee, Tenant shall confirm such subordination by executing and delivering Landlord and Landlord’s mortgagee a recordable subordination agreement and such other documents as may be reasonably requested, in form and content satisfactory to Landlord and Landlord’s mortgagee. Provided, however, as a condition to Tenant’s obligation to execute and deliver any such subordination agreement, the applicable mortgagee must agree that mortgagee shall not unilaterally, materially alter this Lease and this Lease shall not be divested by foreclosure or other default proceedings thereunder so long as Tenant shall not be in default under the terms of this Lease beyond any applicable cure period set forth herein. Tenant acknowledges that any Landlord mortgagee has the right to subordinate at any time its interest in this Lease and the leasehold estate to that of Tenant, without Tenant’s consent.
SUBORDINATION; ATTORNMENT; ESTOPPEL. If the Premises are at any time subject to a ground lease, underlying lease or mortgage, and if TENANT has received written notice of same from the landlord thereunder or the holder thereof, as the case may be (each of said landlords and mortgage holders being referred to hereinafter as a "LANDLORD's Mortgagee"), in any instance in which TENANT gives notice to LANDLORD alleging default by LANDLORD hereunder, TENANT will also simultaneously give a copy of such notice to each LANDLORD's Mortgagee, and each LANDLORD's Mortgagee shall have the right (but not the obligation) to cure or remedy such default during the period that is permitted to LANDLORD hereunder, plus an additional period of forty-five (45) days, and TENANT shall accept such curative or remedial action (if any) taken by LANDLORD's Mortgagee with the same effect as if such action had been taken by LANDLORD. This Lease is and shall be prior to any encumbrance recorded after the date of this Lease affecting the Building, other improvements, and land of which the Demised Premises are a part. If, however, a lender requires that this Lease shall be subordinate to any encumbrance, this Lease shall be subordinate to such encumbrance, if LANDLORD first obtains from the lender a written agreement that provides substantially the following: "As long as TENANT is not in default under this Lease no foreclosure of, deed given in lieu of foreclosure of, or sale under the encumbrance, and no steps or procedures taken under the encumbrance, shall affect TENANT's rights under this Lease and the Lease shall remain in full force and effect for the full Term thereof". TENANT shall deliver to LANDLORD or to its mortgagee, auditors or prospective purchaser, or the owner of the fee, when requested by LANDLORD, a certificate stating the main provisions of this Lease and to the effect that this Lease is in full force and effect and that LANDLORD is not in default therein, and stating specifically any exceptions thereto. Failure to give such a certificate within fifteen (15) days after written request shall be conclusive evidence that the Lease is in full force and effect and LANDLORD is not in default and TENANT shall be estopped from asserting any defaults known to TENANT at that time.
SUBORDINATION; ATTORNMENT; ESTOPPEL. 9.1 This Lease is and shall be subject and subordinate in all respects to all bona fide institutional mortgages which may now or hereafter affect the Property, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, consolidations, replacements, and extensions of such mortgages irrespective of the date of recording thereof. This Section 9.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Txxxxx agrees, without payment to Tenant of any consideration therefor, to promptly (but in any event, within ten (10) days of request) execute and deliver any instrument that Landlord or the holder of any such mortgage or any of their respective successors in interest may request to evidence such subordination, and Txxxxx hereby irrevocably appoints Landlord its attorney in fact to execute such instrument on behalf of Tenant, should Tenant refuse or fail to do so promptly after request. The mortgages to which this Lease is, at the time referred to, subject and subordinate shall sometimes be collectively called “superior mortgages”. Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement, in a form satisfactory to Tenant in its reasonable opinion, from the holder of any superior mortgage; provided, however, (1) Landlord (i) shall not be required to incur any costs or liabilities in connection therewith and (ii) shall not have any liability to Tenant if Landlord shall fail to procure such agreement; and (2) this Lease and the obligations of Tenant shall not be affected should Landlord fail to procure such agreement despite such good faith efforts.
SUBORDINATION; ATTORNMENT; ESTOPPEL. (a) This Lease shall be subordinate to any deed of trust, mortgage or other security instrument (a “Mortgage”) that now or hereafter covers all or any part of the Premises (the mortgagee under any Mortgage is referred to as “Landlord’s Mortgagee”), including any modifications, renewals or extensions of such Mortgage. Notwithstanding the foregoing, Xxxxxx agrees that any such Landlord’s Mortgagee shall have the right at any time to subordinate a Mortgage to this Lease on such terms and subject to such conditions as Landlord’s Mortgagee may deem reasonably appropriate in its reasonable, sole discretion. Xxxxxx agrees to execute such further instruments subordinating this Lease or attorning to the Landlord’s Mortgagee within ten days of Landlord’s request, provided such instruments contain a provision that, absent default (beyond any applicable cure period) by Tenant under this Lease, Xxxxxx's use and occupancy of the Premises under this Lease will not be disturbed by such entity.
SUBORDINATION; ATTORNMENT; ESTOPPEL. Section 26.1 - Subordination Section 26.2 - Attornment Section 26.3 - Estoppel Certificate Article XXVII - Quiet Enjoyment
SUBORDINATION; ATTORNMENT; ESTOPPEL. Provided that Tenant is provided with a reasonable and customary subordination, nondisturbance and attornment agreement duly executed by the holder of any mortgage or deed of trust or the Landlord pursuant to any ground lease, this Lease shall be subject and subordinate at all times to any ground lease, mortgage or deed of trust that may now exist or hereafter be placed upon, and encumber, any or all of the Property. Notwithstanding the foregoing, Landlord shall have the right to subordinate or cause to be subordinated any such ground lease, mortgage or deed of trust liens to this Lease. In addition, Tenant agrees, within 10 days after request by Landlord, to deliver to Landlord, or Landlord's designee, an estoppel certificate stating such matters pertaining to this Lease as may be reasonably requested by Landlord. In the event of a sale or conveyance by Landlord of the Property, the same shall operate to release Landlord from any future liability for any of the covenants or conditions, express or implied, herein contained in favor of Tenant, and in such event Tenant agrees to look solely to Landlord's successor in interest with respect thereto and agrees to attorn to such successor.
SUBORDINATION; ATTORNMENT; ESTOPPEL. 26.1. This Lease and the Tenant's interest and rights hereunder are and shall be subject and subordinate at all times to the lien of any first mortgage, now existing or hereafter created on or against the Project or the Premises, and all amendments, restatements, renewals, modifications, consolidations, refinancing, assignments and extensions thereof, without the necessity of any further instrument or act on the part of the Tenant. The Tenant agrees, at the election of the holder of any such mortgage, to attorn to any such holder. The Tenant agrees upon demand to execute, acknowledge and deliver such instruments, confinning such subordination and such instruments of attornment as shall he requested by any such holder. Notwithstanding the foregoing, any such holder may at any time subordinate its mortgage to this Lease, without the Tenant's consent, by notice in writing to the Tenant, and thereupon this Lease shall be deemed prior to such mortgage without regard to their respective dates of execution, delivery or recording and in that event such holder shall have the same rights with respect to this Lease as though this Lease had been executed prior to the execution, delivery and recording of such mortgage and had been assigned to such holder. The term "Mortgage" whenever used in this Lease shall be deemed to include mortgages, deeds of trust, security assignments and any other encumbrances of the Building and all renewals, modifications, consolidations and replacements thereof, and any reference to the "
SUBORDINATION; ATTORNMENT; ESTOPPEL. 32 ARTICLE 21
SUBORDINATION; ATTORNMENT; ESTOPPEL. A. Subject to Section 10F below, this Lease and Tenant’s rights hereunder are and shall be subject and subordinate to any and all master, ground, or underlying leases of the real property of which the Demised Premises are a part (“Superior Leases”) and to all mortgages, building loan agreements, leasehold mortgages, spreader and consolidation agreements and other similar documents and instruments, which may now or hereafter affect such leases or the real property of which the Demised Premises form a part (“Superior Mortgages” and, together with the “Superior Leases” hereinafter referred to, collectively, as “Superior Interests”) and to all renewals, modifications, spreaders, consolidations, replacements, extensions, assignments, and refinancings thereof and to all advances made or hereafter made thereunder. This Article shall be self-operative and no further instrument of subordination shall be necessary to give effect to the provisions hereof. The foregoing notwithstanding, in confirmation of such subordination, Tenant shall within ten (10) days after written request execute any instrument in recordable form, reasonably acceptable to Tenant that Landlord or the holder of any Superior Interest may request.
SUBORDINATION; ATTORNMENT; ESTOPPEL. LANDLORD'S COVENANT AS TO TITLE.....................................9 ARTICLE 15 GRAPHICS.................................................................................................9 ARTICLE 16 CONDEMNATION.............................................................................................9 ARTICLE 17
