Common use of SUBORDINATION, ATTORNMENT, ETC Clause in Contracts

SUBORDINATION, ATTORNMENT, ETC. Subject to Paragraph 10.04, this Lease and all rights of the Tenant under the Lease, will be, at the election of any mortgagee of the Project, either subordinate or superior, all or in part, to the lien of the mortgagee and such mortgagee may not agree to any expansion rights Tenant may have under the Lease. Notwithstanding the foregoing or any other provision of this Lease to the contrary, if there shall be more than one mortgage on the Project, the rights of Tenant under this Lease shall not be treated as inferior to any inferior mortgage without the consent of all mortgagees superior in right to the mortgage to which Tenant's rights are sought to be subordinated. In the event any proceeding is brought for the foreclosure of the Leased Premises, Tenant agrees to attorn to the mortgagee in the event of strict foreclosure, or to the purchaser in the event of foreclosure by sale or deed in lieu of foreclosure, and recognize such mortgagee or purchaser (as the case may be) as the Landlord under this Lease. Tenant further agrees to execute any further instrument or instruments which Landlord or Landlord's successors in title may at any time require to evidence the subordination of this Lease to the lien of any such mortgage or mortgages and Tenant's agreement to attorn.

Appears in 2 contracts

Samples: Lease (Clayton Holdings Inc), Clayton Holdings Inc

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SUBORDINATION, ATTORNMENT, ETC. Subject to Paragraph 10.04, this This Lease and all rights of the Tenant under the Lease, will be, at the election of any mortgagee of the Project, either subordinate or superior, all or in part, to the lien of the mortgagee and such mortgagee may not agree to any expansion rights Tenant may have under the Leasemortgagee. Notwithstanding the foregoing or any other provision of this Lease to the contrary, if there shall be more than one mortgage on the Project, the rights of Tenant under this Lease shall not be treated as inferior to any inferior mortgage without the consent of all mortgagees superior in right to the mortgage to which Tenant's rights are sought to be subordinated. The subordination provisions in this paragraph shall be self-operative, without the need for any execution of any other document. In the event any proceeding is brought for the foreclosure of the Leased Premises, Tenant agrees to attorn to the mortgagee in the event of strict foreclosure, or to the purchaser in the event of foreclosure by sale or deed in lieu of foreclosure, and recognize such mortgagee or purchaser (as the case may be) as the Landlord under this Lease. Tenant further agrees to execute any further instrument or instruments which Landlord or Landlord's successors in title may at any time require to evidence the subordination of this Lease to the lien of any such mortgage or mortgages and Tenant's agreement to attorn.

Appears in 2 contracts

Samples: Lease (Intek Information Inc), Linkon Corp

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SUBORDINATION, ATTORNMENT, ETC. Subject to Paragraph 10.04, this Lease This lease and all rights of the Tenant under the this Lease, will be, at the election of any mortgagee of the Project, either subordinate or superior, in all or in part, to the lien of the mortgagee and such mortgagee may not agree to any expansion rights Tenant may have under the Leasemortgagee. Notwithstanding the foregoing or any other provision of this Lease to the contrary, if there shall be more than one mortgage on the Project, the rights of Tenant under this Lease shall not be treated as inferior to any inferior mortgage without the consent of all mortgagees superior in right to the mortgage to which Tenant's rights are sought to be subordinated. The subordination provisions in this Paragraph shall be self-operative, without the need for any execution of any other document. In the event any proceeding is brought for the foreclosure of the Leased Premises, Tenant agrees to attorn to the mortgagee in the event of strict foreclosure, or to the purchaser in the event of foreclosure by sale or deed in lieu of foreclosure, and recognize such mortgagee or purchaser (as the case may be) as the Landlord under this Lease. Tenant further agrees to execute any further instrument or instruments which Landlord or Landlord's successors in title may at any time require to evidence the subordination of this Lease to the lien of any such mortgage or mortgages and Tenant's agreement to attorn.

Appears in 1 contract

Samples: Lease (Linkon Corp)

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