Subordination Estoppel Certificate Sample Clauses

Subordination Estoppel Certificate. 8.01. This Lease and all rights of Tenant hereunder are subject and subordinate to all mortgages which may now or hereafter affect Landlord's interest in the Leased Property or any part thereof (all such mortgages, collectively, the "SUPERIOR MORTGAGES"), and to all renewals, modifications, consolidations, replacements and extensions of Superior Mortgages. This Section shall be self-operative and no further instrument of subordination shall be required .In confirmation of such subordination, Tenant agrees to promptly execute and deliver at Tenant's sole cost and expense any instrument (in recordable form, if requested) that Landlord or the holder of any Superior Mortgage (a "SUPERIOR MORTGAGEE") may request to evidence such subordination. 8.02. If the interests of Landlord under this Lease are transferred by reason of, or assigned in lieu of, foreclosure or other proceedings for enforcement of any such Superior Mortgage then Tenant shall, at the option of such purchaser or assignee, as the case may be, (x) attorn to such party and perform for its benefit all the terms, covenants and conditions of this Lease on Tenant's part to be performed with the same force and effect as if such party were the landlord originally named in this Lease, or (y) enter into a new lease with such party, as landlord, for the remaining Term and otherwise on the same terms and conditions of this Lease except that such successor landlord shall not be (i) liable for any previous act, omission or negligence of Landlord under this Lease; (ii) subject to any counterclaim, defense or offset which theretofore shall have accrued to Tenant against Landlord; (iii) bound by any previous modification or amendment of this Lease or by any previous prepayment of more than one month's rent, unless such modification, amendment or prepayment shall have been approved in writing by the Superior Mortgagee through or by reason of which such successor landlord shall have succeeded to the rights of Landlord under this Lease; (iv) obligated to repair the Leased Property or any part thereof in the event of total or substantial damage, beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to such successor landlord; (v) obligated to repair the Leased Property or any part thereof in the event of partial condemnation, beyond such repair as can reasonably be accomplished from the net proceeds of any award actually made available to such successor landlo...

Subordination Estoppel Certificate. Articles 17 and 18 of the Master Lease are incorporated herein by reference, and Sublandlord may request an estoppel certificate or other documents from Subtenant pursuant to the requirements therein.

Subordination Estoppel Certificate. 22 SECTION 13.1

Subordination Estoppel Certificate. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, and at the election of Landlord or any mortgagee or any beneficiary of a Deed of Trust with a lien on the Project or any ground lessor with respect to the Project, this Lease shall be subject and subordinate at all times to (a) all ground leases or underlying leases which may now exist or hereafter be executed affecting the Project, and (b) the lien of any mortgage or deed of trust which may now exist or hereafter be executed in any amount for which the Project, ground leases or underlying leases, or Landlord's interest or estate in any of said items is specified as security. In the event that any ground lease or underlying lease terminates for any reason or any mortgage or Deed of Trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, Tenant shall, notwithstanding any subordination, attorn to and become the Tenant of the successor in interest to Landlord, at the option of such successor in interest. Tenant covenants and agrees to execute and deliver, upon demand by Xxxxxxxx and in the form requested by Landlord any additional documents evidencing the priority or subordination of this Lease with respect to any such ground lease or underlying leases or the lien of any such mortgage or Deed of Trust. Tenant hereby irrevocably appoints Landlord as attorney-in-fact of Tenant to execute, deliver and record any such document in the name and on behalf of Xxxxxx.

Subordination Estoppel Certificate. (a) The rights granted under this Lease to Tenant are subject and subordinate to any present or future Mortgages (and to any consolidation, modification, renewal, replacement or extension, as applicable, of any Mortgage) of all or any part of the Premises or the Building and to all matters to which such Mortgage may be subordinate.

Subordination Estoppel Certificate. Xxxxxx agrees that this Lease and Xxxxxx’s interest in this Lease shall be secondary to any mortgage, deed of trust or other method of financing or refinancing now existing or hereafter placed on the Premises, the land underlying the Premises and/or the Building of which the Premises is a part and the Property. Xxxxxx further agrees that it will execute and deliver any and all documents necessary to show that Xxxxxx’s rights under this Lease are secondary. Xxxxxx agrees that it will from time to time upon request by Landlord and, within ten (10) days of the date of such request, execute and deliver to such persons as Landlord shall request a certificate provided by Landlord certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which any rent and other charges payable under this Lease have been paid, and further stating such other factual matters as Landlord shall reasonably require.

Subordination Estoppel Certificate. This Lease is and shall be subject and subordinate to any and all ground or similar leases affecting the Building, and to all mortgages which may now or hereafter encumber or affect the Building and to all renewals, modifications, consolidations, replacements and extensions of any such leases and mortgages; provided, at the option of any such landlord or mortgagee, this Lease shall be superior to the lease or mortgage of such landlord or mortgagee. The provisions of this Section shall be self-operative and shall require no further consent or agreement by Tenant. Tenant agrees, however, to execute and return any estoppel certificate, subordination agreement, consent or agreement reasonably requested by any such landlord or mortgagee, or by Landlord, within ten (10) business days after receipt of same, including, without limitation, an estoppel certificate substantially in the form attached hereto as Exhibit E. --------- Tenant's failure to execute and return such estoppel certificate within such ten (10) business day period shall constitute a default of the Lease. Tenant shall, at the request of Landlord or any mortgagee of Landlord secured by a lien on the Building or any landlord to Landlord under a ground Lease of the Building, furnish such mortgagee and/or landlord with written notice of any default or breach by Landlord at least thirty (30) days prior to the exercise by Tenant of any rights and/or remedies of Tenant hereunder arising out of such default or breach.

Subordination Estoppel Certificate. 11.01 This Lease and all of Tenant's rights hereunder are and shall be subject and subordinate at all times to all covenants, restrictions, easements and other encumbrances affecting the fee title of the Demised Premises and to all mortgages, deeds of trust, ground leases or any other method of financing or refinancing, in any amount, and all advances thereon, which may now or hereafter be placed against or affect any or all of the Demised Premises, and to all renewals, modifications, consolidations, replacements and extensions thereof. The aforesaid provisions shall be self operative and no further instrument of subordination shall be necessary unless required by any such mortgagee or other lender, in which case Tenant shall execute, acknowledge and deliver any requested subordination agreement within 10 days after request. 11.02 Upon request by Tenant, Landlord shall request that the holder of any mortgage affecting the Demised Premises enter into a subordination, non-disturbance and attornment agreement with Tenant. 11.03 Within ten days after request, Tenant shall execute and deliver to Landlord or to any party designated by Landlord a so-called "estoppel certificate", in the form submitted by Landlord to Tenant, whereby Tenant represents and certifies as to various facts and matters relating to this Lease.

Subordination Estoppel Certificate. This Lease and the Charter School's rights under this Lease are and shall be subject and subordinate to any mortgage (including a consolidated mortgage), indenture or deed of trust constituting a first lien on the Property, or any part thereof, whether such mortgage, indenture or deed of trust has heretofore been, or may hereafter be, placed upon the Property to secure an indebtedness to any savings bank, bank, trust company, or other institutional lender, private or public, or to any bond issuer, trustee or holder for the purchase of the Property and the construction of any of the improvements on the Property, and to any renewal, modification, consolidation, replacement, or extension of any such mortgage or deed of trust. This subordination shall be self-operative and no further instrument of subordination shall be required. The Charter School shall, nevertheless, execute and deliver, from time to time, any instrument and certificate affirming and confirming such subordination that Lessor may reasonably request. Lessor will cause any such mortgage or deed of trust to contain provisions requiring the holder of the indebtedness secured by mortgage or deed of trust to mail to the Charter School by certified mail, addressed to the Charter School at its address as set forth in this Lease, a copy of each notice of breach of covenant, default, or foreclosure given by the holder or the trustee under such mortgage or deed of trust to Lessor. Lessee shall from time to time, within ten (10) days after prior written notice from Lessor, execute, acknowledge and deliver to Lessor a statement in writing in such form as may be reasonably required by Xxxxxx’s mortgagee or any prospective purchaser of the Property (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to Xxxxxx’s knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if they are claimed, and (iii) containing such other matters as are set forth in such form, all subject to the requirement that such mortgagee or prospective purchaser acknowledge Xxxxxx’s continuing rights under the Lease. In connection with any such acknowledgements by Xxxxxx, mortgagee/purchaser shall provide a duly-executed non- disturb...

Subordination Estoppel Certificate. Tenant’s rights shall be subject to any bona fide mortgage or deed to secure debt which is now, or may hereafter be placed upon the Premises by Landlord, and Tenant agrees, at Landlord’s cost, to execute and deliver such documentation as may be reasonably required by any such to effect any subordination. Provided, however, as a condition to such subordination, Landlord must secure from each mortgagee a nondisturbance agreement acceptable to Tenant providing that in the event of a foreclosure the mortgagee will recognize the validity of this Lease and, provided that Tenant is not in default, will not disturb Tenant’s possession or its rights under this Lease. Tenant shall, within ten (10) business days of Landlord’s written request, execute, acknowledge and deliver to Landlord a statement in writing certifying: (i) that this Lease is unmodified and in full force and effect (or if there has been any modification hereof that the same is in full force and effect as modified and stating the nature of the modification or modifications); (ii) that to the best of its knowledge, Landlord is not in default under this Lease (or if any such default exists the specific nature and extent thereof); and (iii) the date to which rent and other charges have been paid in advance, if any; and (iv) any other information regarding this Lease or Tenant’s occupancy as required by an Estoppel Certificate.