Common use of Subordination by Tenant Clause in Contracts

Subordination by Tenant. Tenant agrees that this Lease and its rights hereunder are subject and subordinate to the lien of any mortgage, deed of trust or other encumbrance, together with any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against the Project, or any portion thereof, and Tenant agrees to execute and deliver at any time, and from time to time, upon ten (10) calendar days written demand by Landlord, such documents as may be reasonably requested to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver any such documents to be executed by it within ten (10) calendar days after receipt of written request by Landlord, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, however, that such subordination is and shall be subject to the condition that the mortgagee or beneficiary named in such mortgage or deed of trust shall recognize this Lease and shall not disturb the possession of Tenant hereunder so long as Tenant is not in default under this Lease beyond applicable periods of grace. Tenant acknowledges that the power of attorney granted hereby is coupled with an interest.

Subordination by Tenant. Tenant agrees that this This Lease and its all rights hereunder are of Tenant therein and all interest or estate of Tenant in the Demised Premises or any portion thereof shall be subject and subordinate to the lien of any mortgage, deed dead of trust trust, security instrument or other encumbrancedocument of like nature (collectively, together with "Mortgage"), which at any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against time after the Project, date of this Lease may be placed upon the Demised Premises or any portion thereof, and to each and every advance made under any such Mortgage. Tenant agrees at any time hereafter, to execute and deliver at to Landlord any timeinstruments, and from time to time, upon ten (10) calendar days written demand by Landlord, such releases or other documents as that may be reasonably requested required for the purpose of subjecting and subordinating this Lease to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver lien of any such documents to be executed by it within ten (10) calendar days after receipt Mortgage. It is agreed, nevertheless, that so long as an Event of written request by Landlord, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, howeverDefault does not exist, that such subordination is and shall be subject to the condition that the mortgagee agreement or beneficiary named in such mortgage other instrument, release or deed of trust shall recognize this Lease and document shall not disturb interfere with, hinder or molest Tenant's right to quiet enjoyment under this Lease, shall not modify the possession terms of this Lease, nor the right of Tenant hereunder so long to continue to occupy the Demised Premises and all portions thereof, and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease. The lien of any such Mortgage shall not cover Tenant's trade fixtures or other personal property located in or on the Demised Premises. Landlord shall deliver to Tenant a commercially reasonable nondisturbance agreement executed by all lenders having a lien on the Demised Premises on March 2, 1998 as Tenant is not a condition precedent in default under this Lease beyond applicable periods of grace. Tenant acknowledges that the power of attorney granted hereby is coupled with an interestTenant's favor, and from each future lender as a condition to Tenant's subordination or attornment hereunder.

Subordination by Tenant. Tenant agrees that this This Lease and its all rights hereunder are of Tenant therein, and all interest or estate of Tenant in the Leased Real Property, or any portion thereof, shall be subject and subordinate to the lien of any mortgage, deed of trust trust, security instrument or other encumbrancedocument of like nature (“Mortgage”), together with which at any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against time may be placed upon the ProjectLeased Real Property, or any portion thereof, by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees to execute and deliver at any timetime hereafter, and from time to time, upon ten (10) calendar days written time on demand by of Landlord, such documents as may be reasonably requested to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease to the lien of any such documents to be executed by it within ten (10) calendar days after receipt of written request by LandlordMortgage. It is agreed, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, howevernevertheless, that such subordination is and shall be subject to the condition that the mortgagee or beneficiary named in such mortgage or deed of trust shall recognize this Lease and shall not disturb the possession of Tenant hereunder so long as Tenant is not in default in the payment of Rent and Additional Rent and the performance and observance of all covenants, conditions, provisions, terms and agreements to be performed and observed by Tenant under this Lease beyond applicable periods Lease, that such subordination agreement or other instrument, release or document shall not interfere with, hinder or molest Tenant’s right to quiet enjoyment under this Lease, nor the right of graceTenant to continue to occupy the Leased Real Property, and all portions thereof, and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease. Tenant acknowledges that The lien of any such Mortgage shall not cover Tenant’s trade fixtures or other personal property located in or on the power of attorney granted hereby is coupled with an interestLeased Real Property.

Subordination by Tenant. Tenant agrees that this This Lease and its all rights hereunder are of Tenant ------------------------ therein and all interest or estate of Tenant in the Demised Premises or any portion thereof shall be subject and subordinate to the lien of any mortgage, deed of trust trust, security instrument or other encumbrancedocument of like nature (collectively, together with "MORTGAGE"), which at any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against time after the Project, date of this Lease may be placed upon the Demised Premises or any portion thereof, and to each and every advance made under any such Mortgage. Tenant agrees at any time hereafter, to execute and deliver at to Landlord any timeinstruments, and from time to time, upon ten (10) calendar days written demand by Landlord, such releases or other documents as that may be reasonably requested required for the purpose of subjecting and subordinating this Lease to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver lien of any such documents to be executed by it within ten (10) calendar days after receipt Mortgage. It is agreed, nevertheless, that so long as an Event of written request by Landlord, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, howeverDefault does not exist, that such subordination is and shall be subject to the condition that the mortgagee agreement or beneficiary named in such mortgage other instrument, release or deed of trust shall recognize this Lease and document shall not disturb interfere with, hinder or molest Tenant's right to quiet enjoyment under this Lease, shall not modify the possession terms of this Lease, nor the right of Tenant hereunder so long to continue to occupy the Demised Premises and all portions thereof, and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease. The lien of any such Mortgage shall not cover Tenant's trade fixtures or other personal property located in or on the Demised Premises. Landlord shall deliver to Tenant a commercially reasonably nondisturbance agreement executed by all lenders having a lien on the Demised Premises on the Commencement Date as Tenant is not a condition precedent in default under this Lease beyond applicable periods of grace. Tenant acknowledges that the power of attorney granted hereby is coupled with an interestTenant's favor, and from each future lender as a condition to Tenant's subordination or attornment hereunder.

Subordination by Tenant. This Lease Agreement and all rights of Tenant agrees that this Lease therein (including, but not limited to the Option to Purchase, as hereinafter defined), and its rights hereunder are all interest or estate of Tenant in the Demised Premises, or any portion thereof, shall be subject and subordinate to the lien of any mortgage, deed of trust trust, security instrument or other encumbrancedocument of like nature ("Mortgage"), together with which at any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against time may be placed upon the ProjectDemised Premises, or any portion thereof, by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees to execute and deliver at any timetime hereafter, and from time to time, upon ten (10) calendar days written time on demand by of Landlord, such documents as may be reasonably requested to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease Agreement to the lien of any such Mortgage. It is agreed, nevertheless, and all instruments and documents executed by Tenant shall reflect that so long as Tenant be not in default in the payment of Basic Rent and Additional Rent and the performance and observance of all covenants, conditions, provisions, terms and agreements to be executed performed and observed by it within ten (10) calendar days after receipt of written request by Landlord, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, howeverunder this Lease Agreement, that such subordination is agreement or other instrument, release or document and shall be subject to the condition that the mortgagee or beneficiary named in such any prior mortgage or deed of trust shall recognize this Lease and other lien upon the Demised Premises shall not disturb the possession interfere with, hinder or molest any and all of Tenant hereunder so long as Tenant is not in default Tenant's rights and interests under this Lease beyond applicable periods including, but not limited to, Tenant's right to quiet enjoyment under this Lease Agreement, nor the right of graceTenant to continue to occupy the Demised Premises, and all portions thereof, and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease Agreement. Tenant acknowledges that The lien of any such Mortgage shall not cover Tenant's trade fixtures or other personal property located in or on the power of attorney granted hereby is coupled with an interestDemised Premises.

Subordination by Tenant. Tenant agrees that this This Lease and its all rights hereunder are of Tenant ----------------------- therein and all interest or estate of Tenant in the Demised Premises or any portion thereof shall be subject and subordinate to the lien of any mortgage, deed of trust trust, security instrument or other encumbrancedocument of like nature (collectively, together with "Mortgage"), which at any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against time after the Project, date of this Lease may be placed upon the Demised Premises or any portion thereof, and to each and every advance made under any such Mortgage. Tenant agrees at any time hereafter, to execute and deliver at to Landlord any timeinstruments, and from time to time, upon ten (10) calendar days written demand by Landlord, such releases or other documents as that may be reasonably requested required for the purpose of subjecting and subordinating this Lease to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver lien of any such documents to be executed by it within ten (10) calendar days after receipt Mortgage. It is agreed, nevertheless, that so long as an Event of written request by Landlord, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, howeverDefault does not exist, that such subordination is and shall be subject to the condition that the mortgagee agreement or beneficiary named in such mortgage other instrument, release or deed of trust shall recognize this Lease and document shall not disturb interfere with, hinder or molest Tenant's right to quiet enjoyment under this Lease, shall not modify the possession terms of this Lease, nor the right of Tenant hereunder so long to continue to occupy the Demised Premises and all portions thereof, and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease. The lien of any such Mortgage shall not cover Tenant's trade fixtures or other personal property located in or on the Demised Premises. Landlord shall deliver to Tenant a commercially reasonably nondisturbance agreement executed by all lenders having a lien on the Demised Premises on the Commencement Date as Tenant is not a condition precedent in default under this Lease beyond applicable periods of grace. Tenant acknowledges that the power of attorney granted hereby is coupled with an interestTenant's favor, and from each future lender as a condition to Tenant's subordination or attornment hereunder.

Subordination by Tenant. Tenant agrees that this This Lease and its all rights hereunder are of Tenant therein, and all interest or estate of Tenant in the Demised Premises shall be subject and subordinate to the lien of any mortgage, deed of trust trust, security instrument or other encumbrancedocument of like nature ("Mortgage") which at any time may be placed upon the Demised Premises by Landlord, together with and to any replacements, renewals, amendments, modifications, extensions or replacements thereof, now or hereafter placed, charged or enforced against the Project, or any portion refinancing thereof, and to each and every advance made under any Mortgage. Tenant agrees to execute and deliver at any timetime hereafter, and from time to time, upon ten (10) calendar days written time on demand by of Landlord, such documents as may be reasonably requested to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver to Landlord and the holder of the Mortgage (the "Mortgagee") any such subordination agreements or other instruments, releases or other documents which may be reasonably required for the purpose of subjecting and subordinating this Lease to be executed by it within ten (10) calendar days after receipt the lien of written request by Landlordany Mortgage. Anything in this Section 16.1 to the contrary notwithstanding, Tenant hereby appoints Landlordso long as no Event of Default has occurred and is continuing, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, however, that such subordination is conditioned upon, and shall be subject such subordination agreements or other instruments, releases or documents must explicitly state that Tenant's right to quiet enjoyment under this Lease, and the condition that right of Tenant to continue to occupy the mortgagee or beneficiary named Demised Premises and to conduct its business thereon in such mortgage or deed accordance with the covenants, conditions, provisions, terms and agreements of trust shall recognize this Lease and shall not disturb the possession of Tenant hereunder so long as Tenant is not in default under this Lease beyond applicable periods of grace. Tenant acknowledges that the power of attorney granted hereby is coupled with an interestbe interfered with, hindered or molested.

Subordination by Tenant. Tenant agrees that this This Lease and its all rights hereunder are of Tenant therein and all interest or estate of Tenant in the Demised Premises or any portion thereof shall be subject and subordinate to the lien of any mortgage, deed of trust trust, security instrument or other encumbrancedocument of like nature (collectively, together with "Mortgage"), which at any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against time may be placed upon the Project, Demised Premises or any portion thereof, and to each and every advance made under any Mortgage. Tenant agrees to execute and deliver at any timetime hereafter, and from time to time, upon ten (10) calendar days written time on demand by of Landlord, such documents as may be reasonably requested to evidence and confirm such subordination (but no such document shall be necessary to effectuate such subordination), and in the event that Tenant shall fail, neglect or refuse to execute and deliver to Landlord any instruments, releases or other documents that may be reasonably required for the purpose of subjecting and subordinating this Lease to the lien of any such documents Mortgage. It is agreed, nevertheless, that so long as Tenant be not in default in the payment of Base Rent and Additional Rent and the performance and observance of all covenants, conditions, provisions, terms and agreements to be executed performed and observed by it within ten (10) calendar days after receipt of written request by Landlord, Tenant hereby appoints Landlord, its successors and assigns, the attorney-in-fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, howeverunder this Lease, that such subordination is and shall be subject to the condition that the mortgagee agreement or beneficiary named in such mortgage other instrument, release or deed of trust shall recognize this Lease and document shall not disturb interfere with, hinder or molest Tenant's right to quiet enjoyment under this Lease, nor the possession right of Tenant hereunder so long as Tenant is to continue to occupy the Demised Premises and all portions thereof, and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease. The lien of any such Mortgage shall not cover Tenant's trade fixtures or other personal property located in default under this Lease beyond applicable periods of grace. Tenant acknowledges that or on the power of attorney granted hereby is coupled with an interestDemised Premises.