Subordination by Xxxxxx. This Lease and all rights 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, security instrument or other document of like nature ("Mortgage") which at any time may be placed upon the Demised Premises by Landlord, and to any replacements, renewals, amendments, modifications, extensions or refinancing thereof, and to each and every advance made under any Mortgage. Xxxxxx agrees at any time hereafter, and from time to time on demand of Landlord, to execute and deliver to Landlord and the holder of the Mortgage (the "Mortgagee") any subordination agreements or other instruments, releases or other documents which may be reasonably required for the purpose of subjecting and subordinating this Lease to the lien of any Mortgage. Anything in this Section 16.1 to the contrary notwithstanding, so long as no Event of Default has occurred and is continuing, such subordination is conditioned upon, and such subordination agreements or other instruments, releases or documents must explicitly state that Tenant's right to quiet enjoyment under this Lease, and the right of Tenant to continue to occupy the Demised Premises and to conduct its business thereon in accordance with the covenants, conditions, provisions, terms and agreements of this Lease shall not be interfered with, hindered or molested.
Subordination by Xxxxxx. Lessee shall, from time to time, upon request of Lessor, subordinate this Lease to: a) any existing and/or future Mortgage, heretofore or hereafter placed upon the Property or any part thereof, to any renewal, modification, replacement or extension of such Mortgage, and to any and all advances made or to be made thereunder, provided that in the instrument of subordination the Mortgagee agrees, for itself and its successors and assigns, that so long as Lessee shall not be in default beyond any applicable notice and cure periods under this Lease, the Mortgagee and its successors and assigns will not disturb the peaceful, quiet enjoyment of the Demised Premises by Lessee or any other rights of Lessee under this Lease; and b) the Master Deed (as now or hereafter established), the Declaration of Trust of Xxxxxxxx Commerce Park Condominium Trust, and any and restatement, amendment, or modification from time to time thereof, and any and all documents establishing, creating, or amending the Condominium (collectively, the “Condominium Documents, provided that in the instrument of subordination the parties executing on behalf of the Condominium agree, for themselves and their successors and assigns, that so long as Lessee shall not be in default beyond any applicable notice and cure periods under this Lease, they will not disturb the peaceful, quiet enjoyment of the Demised Premises by Lessee or any other rights of Lessee under this Lease and in the event of a conflict between the terms of the Condominium Documents and the terms of this Lease, the terms of this Lease shall control. Lessor represents and warrants to Lessee that it has obtained any and all consents or approvals needed from any third parties in order to enter into this Lease. Upon Lease execution, as related to the Building and all associated land, and with respect to any existing or future first lien mortgages, deeds of trust, ground leases, or other liens entered into by and between Lessor and/or its successor(s) in interest (collectively referred to as “Lessor’s Mortgagee”), Lessor and/or its successor(s) in interest shall secure and deliver to Lessee, in a form reasonably acceptable to Lessee, a subordination / non-disturbance and attornment agreement ("Lessee SNDA") from and executed by each such Lessor’s Mortgagee for the benefit of Lessee. This provision or such Lessee SNDA shall survive and convey with all subsequent changes in ownership and/or subsequent financing of the Building and/or the la...
