Common use of Subordination Attornment Estoppel Certificate Clause in Contracts

Subordination Attornment Estoppel Certificate. 8.1 This Lease is and shall be subject and subordinate in all respects to all bona fide 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 the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence of this Section 8.1). This Section 8.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant agrees, without payment to Tenant of any consideration therefore, to 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 within twenty (20) days of request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease or the Landlord’s performance thereunder. Tenant 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 mortgage." Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement from the holder of any superior mortgage, to the effect that in the event of the foreclosure of the superior mortgage Tenant's possession of the Demised Premises shall not be disturbed provided that Tenant shall not be in default under this Lease, provided, however, (1) Landlord (i) shall not be required to incur any material 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 Certificate. 8.1 This 11.01 Provided Tenant receives a so-called non-disturbance agreement from the Lender (and further provided that furnishing such non-disturbance agreement shall not be a condition to Tenant's subordination if Tenant is in default hereunder), this Lease is and all of Tenant's rights hereunder are and shall be subject and subordinate in at all respects times to all bona fide mortgages mortgages, deeds of trust, ground leases or any other method of financing or refinancing, in any amount, and all advances thereon, which may now or hereafter be placed against or affect any or all of the Property, to each and every advance made or hereafter to be made under such mortgagesDemised Premises by Landlord, and to all renewals, modifications, consolidations, replacements, replacements and extensions of such mortgages irrespective of the date of the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence of this Section 8.1)thereof. This Section 8.1 The aforesaid provisions shall be self-self operative and no further instrument of subordination shall be requirednecessary unless required by any such mortgagee or other lender, in which case Tenant shall execute, acknowledge and deliver any requested subordination agreement within 10 days after request. In confirmation If any foreclosure or power of such subordinationsale proceedings are initiated by any mortgagee(s) or a deed in lieu is granted, Tenant agrees, without payment to Tenant upon written request of any consideration thereforesuch mortgagee(s) or any purchaser at such sale, to attorn and pay Net Rent and other amounts payable hereunder to such party and to execute and deliver any instrument instruments necessary or appropriate to effectuate such attornment. Tenant agrees to give any mortgagee(s) by certified mail, return receipt requested, a copy of any notice of default served by Tenant upon Landlord, provided that Landlord or prior to such notice Tenant has been notified in writing of the holder name and address of any such mortgage or any of their respective successors in interest may request to evidence such subordination within twenty (20) days of requestmortgagee(s). Tenant may state in the subordination document further agrees that if Landlord has failed to cure any objections or issues outstanding it has relative to the Lease or the Landlord’s performance thereunder. Tenant 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 default within the time referred topermitted Landlord for cure under this Lease, subject and subordinate any such mortgagee(s) whose address has been so provided to Tenant shall sometimes have an additional period of thirty days in which to cure (or such additional time as may be collectively called "superior mortgage." Landlord shallrequired due to causes beyond such mortgagee's control, upon the request of Tenant, use its good faith efforts including time to obtain a non-disturbance agreement from the holder of any superior mortgage, to the effect that in the event of the foreclosure of the superior mortgage Tenant's possession of the Demised Premises shall not be disturbed provided that Tenant shall not be in default under this Lease, provided, however, (1) Landlord (i) shall not be required to incur any material costs by power of sale 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 effortsjudicial action).

Subordination Attornment Estoppel Certificate. 8.1 This Lease is and shall be subject and subordinate in all respects to all bona fide 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 the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence of this Section 8.1). This Section 8.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant agrees, without payment to Tenant of any consideration thereforetherefor, to 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 within twenty ten (2010) days of request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease or the Landlord’s performance thereunder. Tenant 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 mortgagemortgage ." ” Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement from the holder of any superior mortgage, to the effect that in the event of the foreclosure of the superior mortgage Tenant's ’s possession of the Demised Premises shall not be disturbed provided that Tenant shall not be in default under this Lease, provided, however, (1) Landlord (i) shall not be required to incur any material 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 Certificate. 8.1 This Lease is and shall be subject and subordinate to the interests of the holders of any notes secured by mortgages on the Premises, now or in all respects the future, and to all bona fide mortgages which may now ground or hereafter affect the Property, to each and every advance made or hereafter to be made under such mortgages, underlying leases and to all renewals, modifications, consolidations, replacementsreplacements and extensions thereof, and extensions of such mortgages irrespective of while the date of the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence provisions of this Section 8.1). This Section 8.1 shall be section are self-operative and no further instrument of subordination executing, Tenant shall execute such documents as may be required. In confirmation necessary to affirm or give notice of such subordination, Tenant agrees, without payment to Tenant . Upon request of any consideration therefore, to execute and deliver any instrument that Landlord or the holder of any note secured by a mortgage on the building or the Premises, Tenant shall agree in writing that no action taken by such holder to enforce said mortgage shall terminate this Lease or invalidate or constitute a breach of any of their respective successors in interest may request its provisions, and Tenant shall attorn to evidence such subordination within twenty (20) days mortgagee, or to any purchaser of request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease building or the Landlord’s performance thereunderPremises at any foreclosure sale, or sale in lieu of foreclosure, for the balance of the Term on all the terms and conditions herein contained. Tenant hereby irrevocably appoints Landlord its attorney in fact to While the provisions of this section are self-executing, all persons affected thereby shall execute such instrument on behalf of Tenant, should Tenant refuse documents necessary to affirm or fail to do so promptly after requestgive notice off such attornment. The mortgages to which this Lease is, at the time referred to, subject and subordinate shall sometimes be collectively called "superior mortgage." Landlord shall, upon At the request of TenantLandlord, use Tenant shall within ten (10) days deliver to Landlord, or anyone designated by landlord, a certificate stating and certifying as of its good faith efforts date (a) the date to obtain a non-disturbance agreement from which Rent and other charges under this Lease have been paid, (b) whether or not there are then existing any setoffs or defenses against the holder enforcement of any superior mortgage, to the effect that in the event of the foreclosure agreements, terms, covenants or conditions hereof on the part of Tenant to be performed or complied with (and, if so, specifying the superior mortgage Tenant's possession of the Demised Premises shall same), and (c) if such be true, that this Lease is unmodified and in full force and effect and Landlord is not be disturbed provided that Tenant shall not be in default under any provision of this Lease, provided, however, (1) Landlord (i) shall not be required to incur any material 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 Certificate. 8.1 This Lease is and shall be subject and subordinate in all respects to all bona fide 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 the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence of this Section 8.1). This Section 8.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant agrees, without payment to Tenant of any consideration thereforetherefor, to 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 within twenty ten (2010) days of request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease or the Landlord’s performance thereunder. Tenant 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 mortgage." Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement from the holder of any superior mortgage, to the effect that in the event of the foreclosure of the superior mortgage Tenant's possession of the Demised Premises shall not be disturbed provided that Tenant shall not be in default under this Lease, provided, however, (1) Landlord (i) shall not be required to incur any material 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 Certificate. 8.1 This Provided Landlord obtains a Non-Disturbance Agreement (hereinafter defined), this Lease is and shall be subject and subordinate in all respects to all bona fide mortgages which may now or hereafter affect the PropertyPremises, 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 the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence of this Section 8.1). This Section 8.1 shall be self-operative and no further instrument of subordination shall be requiredthereof. In confirmation of such subordination, Tenant agrees, without payment to Tenant of any consideration thereforetherefor, to promptly (but in any event, with ten (10) days of request) execute and deliver any instrument Non-Disturbance Agreement that Landlord or the holder of any such mortgage or any of their respective successors in interest may request to evidence such subordination within twenty (20) days of request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease or the Landlord’s performance thereunder. Tenant 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 requestsubordination. The mortgages to which this Lease is, at the time referred to, subject and subordinate shall sometimes be collectively called "superior mortgagemortgages." Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement from the holder of any superior mortgagemortgage an agreement (a "Non-Disturbance Agreement") in a commercially reasonable form, to the effect that provided Tenant is not in the event of the foreclosure of the superior mortgage default under this Lease Tenant's possession of the Demised Premises shall not be disturbed provided in the event that Tenant shall not be in default under this Lease, the holder of a superior mortgage forecloses its superior mortgage; provided, however, (1) Landlord (i) shall not be required to incur any material costs or liabilities in connection therewith, 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 effortsNon-Disturbance Agreement.

Subordination Attornment Estoppel Certificate. 8.1 This Lease is and shall be subject and subordinate in all respects to all bona fide 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 the execution and/or recording thereof (provided, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described in the last sentence of this Section 8.1). This Section 8.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant agrees, without payment to Tenant of any consideration thereforetherefor, to 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 within twenty (20) days of request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease or the Landlord’s 's performance thereunder. Tenant 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 mortgage." Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement from the holder of any superior mortgage, to the effect that in the event of the foreclosure of the superior mortgage Tenant's possession of the Demised Premises shall not be disturbed provided that Tenant shall not be in default under this Lease, provided, however, (1) Landlord (i) shall not be required to incur any material 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 Certificate. 8.1 This Lease is and shall be deemed subject and subordinate in all respects to all bona fide mortgages any mortgage or deed of trust (herein both referred to as a "Mortgage") which may now heretofore or hereafter affect be executed by Landlord, provided that any mortgagee or beneficiary provides a commercially reasonable "non-disturbance" agreement to Tenant, unless the Propertymortgagee or beneficiary thereunder (both hereafter called a "mortgagee") requests that this Lease be superior to its Mortgage, in which event this Lease shall be superior. In the event any proceedings are brought for foreclosure of any Mortgage on the Premises, Tenant will attorn to the purchaser at a foreclosure sale, and any assignee thereof, and recognize such purchaser, and any such assignee, as Landlord under this Lease, providing such purchaser or assignee agrees not to disturb Tenant's possession, or any rights of Tenant under this Lease or in the Premises, so long as Tenant is not in Default under the terms of this Lease. Tenant shall without charge execute, at Landlord's request, and within fifteen (15) days thereof, such instruments evidencing such attornment and the subordinate position of this Lease and related matters as Landlord or its mortgagee shall request; and, as often as requested, shall sign an estoppel certifying that this Lease is in full force and effect, and that the Minimum Rent and Additional Rent payable hereunder is unmodified and in full force and effect (or, if modified, stating the nature of such modification) and the date to which rent and other charges are paid, if any, and acknowledging that there are not, to each Tenant's knowledge, any uncured defaults on the part of Landlord hereunder or specifying such defaults if they are claimed and every advance made such other matters as Landlord may reasonably request. In no event shall Tenant be required to execute or hereafter deliver any such estoppel which would modify or amend any of the terms or provisions of this Lease. Tenant agrees to be made give any such mortgagee of whom Tenant has been informed notice of any default or failure to perform by Landlord under such mortgagesthis Lease, and a reasonable opportunity to all renewalscure any such Landlord default hereunder, modificationswhich shall in no event be less than thirty (30) days after written notice thereof has been delivered to said mortgagee; and Tenant agrees to accept such cure if effected by such mortgagee. Further, consolidationsTenant agrees to permit such mortgagee, replacementsor the purchaser at any foreclosure sale, and extensions of such mortgages irrespective of the date of the execution and/or recording thereof (providedsuccessors and assigns thereof, however, that Landlord shall use its good faith efforts to obtain from such mortgagee a non-disturbance agreement as described on acquiring Landlord's interest in the last sentence of Premises or the Lease, to become substitute Landlord hereunder, with liability only for such Landlord obligations under this Section 8.1)Lease as accrue after Landlord's interest is so acquired. This Section 8.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant agrees, without payment to Tenant of any consideration therefore, Landlord agrees to execute and deliver to Tenant, within ten (10) Business Days of Tenant's written demand, an estoppel that this Lease is in full force and effect, and that the Minimum Rent and Additional Rent payable hereunder is unmodified and in full force and effect (or, if modified, stating the nature of such modification) and the date to which rent and other charges are paid, if any, and acknowledging that there are not, to Landlord's knowledge, any instrument that Landlord uncured defaults on the part of Tenant hereunder or the holder of any specifying such mortgage or any of their respective successors in interest defaults if they are claimed and such other matters as Tenant may request to evidence such subordination within twenty (20) days of reasonably request. Tenant may state in the subordination document any objections or issues outstanding it has relative to the Lease or the Landlord’s performance thereunder. Tenant hereby irrevocably appoints In no event shall 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 mortgage." Landlord shall, upon the request of Tenant, use its good faith efforts to obtain a non-disturbance agreement from the holder of any superior mortgage, to the effect that in the event of the foreclosure of the superior mortgage Tenant's possession of the Demised Premises shall not be disturbed provided that Tenant shall not be in default under this Lease, provided, however, (1) Landlord (i) shall not be required to incur execute or deliver any material costs such statement which would modify or liabilities in connection therewith, and (ii) shall not have amend any liability to Tenant if Landlord shall fail to procure such agreement, and (2) of the terms or provisions of this Lease and the obligations of Tenant shall not be affected should Landlord fail to procure such agreement despite such good faith effortsLease.