Common use of Subordination; Attornment Clause in Contracts

Subordination; Attornment. Upon request of the Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building of which the Premises are a part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. Within 30 days of execution of this Lease, Landlord shall deliver to Tenant a non-disturbance agreement in a form reasonably satisfactory to Tenant executed by each beneficiary or mortgagee holding a lien on the Premises.

Subordination; Attornment. Upon request This Lease and all rights of the Landlord, Tenant will in writing herein shall be subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust trust, to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building building of which the Premises are a part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that . Tenant agrees to execute any writing required by Landlord or its lender(s) to evidence such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenantsubordination. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article Section to the contrary notwithstanding, notwithstanding and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereofTerm. Within 30 ten (10) days after request therefor by Landlord, or in the event that upon any sale, assignment or hypothecation of execution of the Premises or the land thereunder by the Landlord, an offset statement shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate addressed to any such proposed mortgagee or purchaser or to the Landlord certifying that this Lease, Landlord shall deliver to Tenant a non-disturbance agreement Lease is in a form reasonably satisfactory to Tenant executed full force and effect (if such be the case; and that there are no differences or offsets thereto or stating those claimed by each beneficiary or mortgagee holding a lien on the PremisesTenant.

Subordination; Attornment. Upon request of In the Landlordevent that, Tenant will in writing subordinate its rights hereunder subsequent to the lien execution of any first this lease, a new mortgage, or first deed of trust or like encumbrance on the premises is created, or a ground lease or underlying lease to which this lease shall be subordinate is entered into, then this lease shall be subject and subordinate to such encumbrance or lease only if Landlord obtains from such mortgagor or lessor a written agreement in form acceptable to such mortgage or lessor, providing substantially that Tenant’s rights under this Lease shall not be affected by any bankforeclosure of deed in lieu of foreclosure of, insurance company or other lending institutionsale under such encumbrances for so long as Tenant performs its obligations under this lease (or, now in the case of a ground lease or hereafter in force against the land and Building underlying lease, Tenant’s right shall not be affected by any termination of which the Premises are a part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that such bank, insurance company or other lending institution delivers to said lease for so long as Tenant a non-disturbance agreement reasonably satisfactory to Tenantperforms its obligations under this lease). In the event any proceedings are brought for foreclosure, or as in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article to the contrary notwithstanding, and so long as the Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. Within 30 days of execution of this Lease, Landlord shall deliver to Tenant a non-disturbance agreement in a form reasonably satisfactory to Tenant executed by each beneficiary or mortgagee holding a lien on the Premises.

Subordination; Attornment. Upon request This Lease and all rights of the Landlord, Tenant will in writing herein shall be subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust trust, to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building building of which the Premises are a part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that . Tenant agrees to execute any writing required by Landlord or its lender(s) to evidence such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenantsubordination. In the event any proceedings are brought for foreclosure, or in the event of the .the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article Section to the contrary notwithstanding, notwithstanding and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereofTerm. Within 30 ten (10) days after request therefor by Landlord, or in the event that upon any sale, assignment or hypothecation of execution of the Premises or the land thereunder by the Landlord, an offset statement shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate addressed to any such proposed mortgagee or purchaser or to the Landlord certifying that this Lease, Landlord shall deliver to Tenant a non-disturbance agreement Lease is in a form reasonably satisfactory to Tenant executed full force and effect (if such be the case) and that there are no differences or offsets thereto or stating those claimed by each beneficiary or mortgagee holding a lien on the PremisesTenant.

Subordination; Attornment. Upon Subject to Tenants non-disturbance ------------------------- rights set forth in this Section 32 (o), upon request of the Landlord, Tenant ▇▇▇▇▇▇ will in writing subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust to any banktrust, insurance company ground lease or other lending institution, similar instrument now or hereafter in force against affecting all or any portion of the land and Building of which the Premises are a partProject, and upon any buildings hereafter placed upon the land of which the Premises are a partProject, and to all advances made or hereafter to be made upon the security thereof, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale Sale under any mortgage or deed of trust made by the Landlord covering the Premises, provided such purchaser shall be deemed to recognize ▇▇▇▇▇▇'s non-disturbance right set forth in this Section (n), and, at the election of the purchaser, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided . Landlord represents and warrants that such bank, insurance company or other lending institution delivers to Tenant a if there is any loan agreement in existence for the Project it recognizes ▇▇▇▇▇▇'s non-disturbance agreement reasonably satisfactory to Tenantright as set forth in this section 32 (n). The provisions of this Article Section 32 (n) to the contrary notwithstanding, and so long as there exists no uncured defaults under Section 23 by Tenant is not in default hereunder, this Lease and ▇▇▇▇▇▇'s rights hereunder shall remain in full force and effect for the full term hereof. Within 30 days Tenant hereby agrees to modify the Lease as may reasonably be required from time to time by any lending institution obtaining a security interest in the Building, so long as such modification does not materially increase the obligations of execution of this Lease, Landlord shall deliver to Tenant a non-disturbance agreement in a form reasonably satisfactory to Tenant executed by each beneficiary or mortgagee holding a lien on the Premiseshereunder.

Subordination; Attornment. Upon request of the Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust trust, to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building building of which the Premises demised premises are a part, and upon any buildings building hereafter placed upon the land of which the Premises demised premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premisesdemised premises, the Tenant shall at the option of the purchaser, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. Within 30 10 (ten) days after request therefore by Landlord, or in any event that upon any sale, assignment or hypothecation of execution of the demised premises or the land thereunder by the Landlord, an offset statement shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate addressed to any such proposed mortgagee or purchaser or to the Landlord certifying that this Lease, Landlord shall deliver to Tenant a non-disturbance agreement Lease is in a form reasonably satisfactory to Tenant executed full force and effect (if such be the case) and that there are no differences or offsets thereto or stating those claimed by each beneficiary or mortgagee holding a lien on the PremisesTenant.

Subordination; Attornment. Upon request This Lease and all rights of the Landlord, Tenant will in writing herein shall be subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust trust, to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building building of which which-the Premises are a part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that . Tenant agrees to execute any writing required by Landlord or its lender(s) to evidence such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenantsubordination. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article Section to the contrary notwithstanding, notwithstanding and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereofTerm. Within 30 ten (10) days after request therefor by Landlord, or in the event that upon any sale; assignment or hypothecation of execution of the Premises or the land thereunder by the Landlord, an offset statement shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate addressed to any such proposed mortgagee or purchaser or to the Landlord certifying that this Lease, Landlord shall deliver to Tenant a non-disturbance agreement Lease is in a form reasonably satisfactory to Tenant executed full force and effect (if such be the case) and that there are no differences or offsets thereto or stating those claimed by each beneficiary or mortgagee holding a lien on the PremisesTenant.

Subordination; Attornment. Upon request of the Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust to any bank, insurance company or other lending institution, now or hereafter in force against the land and Building of which the Premises are a part, part and upon any buildings hereafter placed upon the land of which the Premises are a part, part and to all advances made or hereafter to be made upon the security thereof, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to Tenant. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease, provided that . Tenant further agrees to execute any documents required to effectuate an attornment or a subordination. Tenant's failure to execute such bank, insurance company or other lending institution delivers to documents within ten days after written demand shall constitute a material default by Tenant a non-disturbance agreement reasonably satisfactory to Tenant. The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof. Within 30 days of execution of this Leaseor, at Landlord's option, Landlord shall deliver execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute, and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place, and stead to Tenant a non-disturbance agreement execute such documents in a form reasonably satisfactory to Tenant executed by each beneficiary or mortgagee holding a lien on the Premisesaccordance with this subparagraph 30.

Subordination; Attornment. Upon request of the Landlord, Tenant will in writing This Lease shall be deemed subject and subordinate its rights hereunder to the lien of any first mortgage, or first deed of trust to any bank, insurance company or other lending institution, now mortgage which may heretofore or hereafter in force against be executed by Landlord covering the Building and land and Building of upon which the Premises are a part, and upon any buildings hereafter placed upon the land of which the Premises are a part, and to all advances made or hereafter to be made upon the security thereof, provided that such bank, insurance company or other lending institution delivers to Tenant a non-disturbance agreement reasonably satisfactory to TenantBuilding is located. In the event any proceedings are brought for foreclosure, or in the event foreclosure of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering on the Premises, the Tenant shall will attorn to the purchaser upon any such at a foreclosure or sale and recognize such purchaser as Landlord, whereby purchaser agrees not to disturb Tenant's possession so long as it is not in default under the Landlord under terms of this Lease. Notwithstanding the foregoing, provided that Tenant's agreement to subordinate this Lease is subject to and conditioned upon any such bank, insurance company or other lending institution delivers to Tenant lender entering into a non-disturbance agreement reasonably satisfactory with Tenant in which that Lender agrees not to disturb Tenant's possession of the Premises in the event of foreclosure or similar proceeding. The provisions Tenant shall execute at Landlord's request, and within ten (10) days thereof, instruments evidencing the subordinate position of this Article Lease, and as often as reasonably required requested shall sign estoppel certificates setting forth the date it accepted possession, that it occupies the Premises, the termination date of its Lease, the date to which rent that has been paid and the amount of monthly rent in effect as of such certification, whether or not it has any defense of offset to the contrary notwithstandingenforcement of the Lease, any knowledge it has of any default or breach by Landlord, and so long as Tenant that the Lease is not in default hereunder, this Lease shall remain in full force and effect for except as to modifications, agreements or amendments thereto, copies of each of which shall be attached to the full term hereof. Within 30 days of execution of this Lease, Landlord shall deliver to Tenant a non-disturbance agreement in a form reasonably satisfactory to Tenant executed by each beneficiary or mortgagee holding a lien on the Premisescertificate.