Common use of Subordination; Attornment Clause in Contracts

Subordination; Attornment. This Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation for security now or hereafter placed upon Parcel IB or any part thereof and to any and all advances made on the security thereof and to all renewals, modifications, increases and extensions thereof. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease regardless of whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in the event any proceedings are brought for the foreclosure of the Premises, or in the event of exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request by the purchaser, attorn to the purchaser under any such foreclosure or sale and recognize such purchaser as Landlord under this Lease.

Subordination; Attornment. This Lease Lease, at Lessor's option, shall be subordinate to the lien of any ground lease, mortgage, first deed of trust, trust or any other hypothecation for security now or hereafter first mortgage subsequently placed upon Parcel IB or any part thereof the real property of which the demised premises are a part, and to any and all advances made on the security thereof thereof, and thereof; provided, however, that as to the lien of any such deed of trust or mortgage Lessee's right to quiet possession of the premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay rent and observe and perform all renewalsof the provisions of this Lease, modifications, increases and extensions thereofunless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give written notice thereof to TenantLessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease regardless of lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in In the event any proceedings are brought for the foreclosure of the Premisesforeclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request made by the purchaserLessor covering the demised premises, Lessee shall attorn to the purchaser under upon any such much foreclosure or sale and recognize such purchaser as Landlord the Lessor under this Lease.

Subordination; Attornment. This Lease lease, at Landlord's option shall be subordinate to the lien of any ground lease, mortgage, first deed of trust, trust or any other hypothecation for security now or hereafter first mortgage subsequently placed upon Parcel IB or any part thereof the real property of which the Demised Premises are a part, and to any and all advances made on the security thereof thereof, and to all renewals, modifications, increases consolidations, replacements and extensions thereof; provided, however, that as to the lien of any such deed of trust or mortgage, Xxxxxx's right to quiet possession of the Demised Premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this lease, unless this lease is otherwise terminated pursuant to its terms. Landlord shall obtain from any such Lender written confirmation of this nondisturbance clause for the benefit of Tenant. If any mortgagee, trustee or ground lessor shall elect to have this Lease lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Tenant, this Lease lease shall be deemed prior to such mortgage, deed of trust, or ground lease regardless of lease, whether this Lease lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in In the event any proceedings are brought for the foreclosure of the Premisesforeclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request made by the purchaserLandlord covering the demised premises, the Tenant shall attorn to the purchaser under upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Leaselease.

Subordination; Attornment. This Lease Lease, at Landlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, ground lease or any other hypothecation for security now or hereafter placed upon Parcel IB or any part thereof the Building, and to any and all advances made on the security thereof therefor and to all renewals, modifications, increases consolidations, replacements and extensions thereof. If However, if any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease regardless of lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or of any mortgage, deed of trust or ground lease, as the case may be. The provisions of this Article to the contrary notwithstanding, and by failing to do so within ten (10) days after written demand therefor long as Tenant is not in default hereunder, this Lease shall automatically make, constitute remain in full force and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do soeffect for the full term hereof. Tenant agrees that in the event shall attorn to any proceedings are brought for the purchaser at any judicial foreclosure of the Premisessale, or in the event of exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or non-judicial trustee's sale, Tenant will, or to any grantee or transferee designated in any Deed given in lieu of foreclosure upon request by the purchaser, attorn to the purchaser under any such foreclosure or sale and recognize of such purchaser as Landlord under this Leaseor transferee.

Subordination; Attornment. This Lease Amended and Restated Lease, at Lessor's option, shall be subordinate to the lien of any ground lease, mortgage, first deed of trust, trust or any other hypothecation for security now or hereafter first mortgage subsequently placed upon Parcel IB or any part thereof the real property of which the demised premises are a part, and to any and all advances made on the security thereof thereof, and thereof; provided, however, that as to the lien of any such deed of trust or mortgage Lessee's right to quiet possession of the premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay rent and observe to perform all renewalsof the provisions of this Amended and Restated Lease, modifications, increases unless this Amended and extensions thereofRestated Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Amended and Restated Lease prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give have written notice thereof to Tenantof Lessee, this Amended and Restated Lease shall be deemed prior to such mortgage, deed of trust, or ground lease regardless of lease, whether this Amended and Restated Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in In the event any proceedings are brought for the foreclosure of the Premisesforeclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request made by the purchaserLessor covering the demised premises, Lessee shall attorn to the purchaser under upon any such foreclosure or sale and recognize such purchaser as Landlord the Lessor under this Amended and Restated Lease.

Subordination; Attornment. This Lease may be made subject and subordinate to any future mortgages or deeds of trust on all or any part of Landlord’s interest in the Premises, provided that the mortgagee or trustee thereunder shall execute, acknowledge, and deliver to Tenant a non-disturbance agreement, on such lender’s commercially reasonable terms. This Lease, at Landlord’s option, shall be subordinate to the lien of any ground leasedeed of trust subsequently placed upon the Premises, mortgageand Tenant agrees to execute a subordination agreement in recordable form satisfactory to mortgagee or beneficiary to accomplish same. Tenant shall execute and deliver, without cost to Landlord, whatever instruments may be required to effect such subordination, provided it is subject to a non-disturbance agreement. Tenant shall, at the request from Landlord, execute any instruments, leases or other documents that may be required to render Tenant’s interest hereunder prior to the lien of any mortgage or deed of trust, or any other hypothecation for security now or hereafter placed upon Parcel IB or any part thereof and to any and all advances made on the security thereof and to all renewals, modifications, increases and extensions thereof. If any mortgagee, trustee mortgagee or ground lessor beneficiary shall elect to have this Lease be prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to Tenant, this Lease shall be deemed to be prior to such mortgage, mortgage or deed of trust, or ground lease regardless of whether this Lease is dated prior or subsequent to the date of said mortgage, mortgage or deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in the event any proceedings are brought for the foreclosure of the Premises, or in the event of exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request by the purchaser, attorn to the purchaser under any such foreclosure or sale and recognize such purchaser as Landlord under this Lease.

Subordination; Attornment. (a) This Lease is and shall be subordinate to any ground leaseencumbrance now of record or recorded after the date of this Lease affecting the Building. Such subordination is effective without any further act of Tenant, however, (i) Tenant shall promptly execute all necessary subordination instruments or other documents confirming the subordination of this Lease to such mortgage, deed of trust, ground or underlying lease and (ii) Tenant’s obligation to execute such instrument(s) shall be subject to Tenant’s receipt of a commercially reasonable non-disturbance agreement providing that Tenant’s rights under this Lease shall not be disturbed so long as Tenant is not in default under this Lease beyond any other hypothecation for security now or hereafter placed upon Parcel IB or any part thereof applicable notice and to any and all advances made on the security thereof and to all renewals, modifications, increases and extensions thereofcure periods. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease and any options granted hereby prior to the lien of its mortgage, deed of trust trust, or ground leaseother encumbrance, and shall give written notice thereof to Tenant, this Lease and such options shall be deemed prior to such mortgage, deed of trust, or ground lease regardless of lease, whether this Lease is dated or such options are deeded prior or subsequent to the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in the event any proceedings are brought for the foreclosure of the Premises, or in the event of exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request by the purchaser, attorn to the purchaser under any such foreclosure or sale and recognize such purchaser as Landlord under this Lease.

Subordination; Attornment. This Lease Lease, at Landlord's option, shall be subordinate to the lien of any ground lease, mortgage, first deed of trust, trust or any other hypothecation for security now or hereafter first mortgage subsequently placed upon Parcel IB or any part thereof the real property of which the Demised Premises are a part, and to any and all advances made on the security thereof thereof, and to all renewals, modifications, increases consolidations, replacement and extensions thereof; provided, however, that as to the lien of any such deed of trust or mortgage Tenant's right to quiet possession of the Demised Premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease regardless of lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Tenant agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien or any mortgage, deed of trust or ground lease, as the case may be, and by failing to do so within ten (10) days after written demand therefor shall automatically make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to do so. Tenant agrees that in the event any proceedings are brought for the foreclosure of the Premises, or in the event of exercise of the power of sale under any mortgage or deed of trust affecting the Premises, whether or not the Lease is terminated by such foreclosure or sale, Tenant will, upon request by the purchaser, attorn to the purchaser under any such foreclosure or sale and recognize such purchaser as Landlord under this Lease.