Common use of SUBORDINATION; ESTOPPEL CERTIFICATES Clause in Contracts

SUBORDINATION; ESTOPPEL CERTIFICATES. This Agreement shall be subject and subordinate to any ground lease, mortgage, deed of trust or other hypothecation or security device now or hereafter placed upon the Facilities or the Building (collectively, “Security Device”), to any and all advances made on the security thereof and to all renewals, modifications, and extensions thereof. Licensee agrees that the holders of any such Security Devices shall have no liability or obligation to perform any of the obligations of Licensor under the Agreement. Licensee agrees that, in the event that any such holder of a Security Device or any purchaser at a foreclosure sale or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (“New Owner”) and/or otherwise succeeds to the rights of Licensor under this Agreement, then Licensee recognize New Owner as the Licensor under this Agreement for the remainder of the term hereof, and Licensee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Licensee’s use and occupancy of the Facilities so long as Licensee is not in breach of its obligations under this Agreement. Upon written request from Licensor or Lender in connection with a sale, financing or refinancing of the Building, Licensee shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. In addition, Licensee shall, within ten (10) days after the written notice from Licensor, execute, acknowledge and deliver to Licensor an estoppel certificate in the form requested by Licensor or any Lender, together with any additional information, confirmation and/or statements reasonably requested by Licensor. 1. The Facilities is to be used by Licensee solely for lawful purposes in accordance with these Policies and Procedures and the other terms and conditions of the Agreement.

Appears in 2 contracts

Samples: Contract #44973, Service Agreement

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SUBORDINATION; ESTOPPEL CERTIFICATES. This Agreement shall be subject and subordinate to any ground lease, mortgage, deed of trust or other hypothecation or security device now or hereafter placed upon the Facilities Premises or the Building (collectively, “Security Device”), to any and all advances made on the security thereof and to all renewals, modifications, and extensions thereof. Licensee agrees that the holders of any such Security Devices shall have no liability or obligation to perform any of the obligations of Licensor under the Agreement. Licensee agrees that, in the event that any such holder of a Security Device or any purchaser at a foreclosure sale or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (“New Owner”) and/or otherwise succeeds to the rights of Licensor under this Agreement, then Licensee shall attorn to and recognize New Owner as the Licensor under this Agreement for the remainder of the term hereof, and Licensee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Licensee’s use and occupancy of the Facilities Premises so long as Licensee is not in breach of its obligations under this Agreement. Upon written request from Licensor or Lender in connection with a sale, financing or refinancing of the Building, Licensee shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. In addition, Licensee shall, within ten (10) days after the written notice from Licensor, execute, acknowledge and deliver to Licensor an estoppel certificate in the form requested by Licensor or any Lender, together with any additional information, confirmation and/or statements reasonably requested by Licensor. 1. The Facilities is to be used by Licensee solely for lawful purposes in accordance with these Policies and Procedures and the other terms and conditions of the Agreement.

Appears in 1 contract

Samples: Colocation License Agreement (Guidance Software, Inc.)

SUBORDINATION; ESTOPPEL CERTIFICATES. This Agreement shall be subject and subordinate to any ground lease, mortgage, deed of trust or other hypothecation or security device now or hereafter placed upon the Facilities License Area or the Building (collectively, “Security Device”), to any and all advances made on the security thereof and to all renewals, modifications, and extensions thereof. Licensee agrees that the holders of any such Security Devices shall have no liability or obligation to perform any of the obligations of Licensor under this License. Any Lender who succeeds to the Agreement. interests of Licensor hereunder shall have the option to either terminate this Agreement upon notice to Licensee agrees thator to maintain this Agreement in full force and effect, in the event sole discretion of such Lender. The agreements in this Section 28 shall be effective without the execution of any further documents; provided, however, that any such holder of a Security Device or any purchaser at a foreclosure sale or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (“New Owner”) and/or otherwise succeeds to the rights of Licensor under this Agreement, then Licensee recognize New Owner as the Licensor under this Agreement for the remainder of the term hereof, and Licensee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Licensee’s use and occupancy of the Facilities so long as Licensee is not in breach of its obligations under this Agreement. Upon upon written request from Licensor or Lender in connection with a sale, financing or refinancing of the Building, Licensee and Licensor shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. In addition, Licensee shall, within ten (10) days after the written notice from Licensor, execute, acknowledge and deliver to Licensor an estoppel certificate in the form requested by Licensor or any Lender, together with any additional information, confirmation and/or statements reasonably requested by Licensor. 1. The Facilities is to be used by Licensee solely for lawful purposes in accordance with these Policies and Procedures and the other terms and conditions of the Agreement.

Appears in 1 contract

Samples: License Agreement (Redenvelope Inc)

SUBORDINATION; ESTOPPEL CERTIFICATES. This Agreement Lease shall be subject and subordinate to any ground lease, mortgage, deed of trust or other hypothecation or security device now or hereafter placed upon the Facilities Premises or the Building [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (collectively, “Security Device”), to any and all advances made on the security thereof and to all renewals, modifications, and extensions thereof. Licensee agrees that the holders of any such Security Devices shall have no liability or obligation to perform any of the obligations of Licensor under the Agreement. Licensee Lessee agrees that, in the event that any such holder of a Security Device or any purchaser at a foreclosure sale or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (“New Owner”) and/or otherwise succeeds to the rights of Licensor Lessor under this the Lease Agreement, then Licensee Lessee shall attorn to and recognize New Owner as the Licensor Lessor under this Agreement for the remainder of the term hereof, and Licensee Lessee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb LicenseeLessee’s use and occupancy of the Facilities Lease Area so long as Licensee Lessee is not in breach of its obligations under this Agreement. Upon The agreements in this Section 31 shall be effective without the execution of any further documents; provided, however, that upon written request from Licensor Lessor or Lender in connection with a sale, financing or refinancing of the Building, Licensee Lessee shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. In addition, Licensee Lessee shall, within ten (10) days after the written notice from LicensorLessor, execute, acknowledge and deliver to Licensor Lessor an estoppel certificate in the form requested by Licensor Lessor or any Lender, together with any additional information, confirmation and/or statements reasonably requested by LicensorLessor. 1. The Facilities is to be used by Licensee solely for lawful purposes in accordance with these Policies and Procedures and the other terms and conditions of the Agreement.

Appears in 1 contract

Samples: Lease Agreement (Internap Corp)

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SUBORDINATION; ESTOPPEL CERTIFICATES. This Agreement shall be In consideration of the execution of this Lease by Landlord, Tenant accepts this Lease subject and subordinate to any ground leasedeeds of conveyance and any deeds of trust, mortgagemaster leases, deed of trust security interests or other hypothecation or security device now or hereafter placed upon the Facilities or the Building (collectively, “Security Device”), to any mortgages and all advances made on the security thereof and to all renewals, modifications, extensions, consolidations and extensions thereofreplacements of the foregoing which might now or hereafter constitute a lien upon the Building (or the land upon which it is situated) or improvements therein or thereon or upon the Premises and to zoning ordinances and other building and fire ordinances and governmental regulations relating to the use of the property. Licensee agrees Although no instrument or act on the part of Tenant shall be necessary to effectuate such subordination, Tenant shall, nevertheless, for the purpose of confirmation at any time hereafter, on demand in the forms(s) prescribed by Landlord, execute any instruments, estoppel certificates, release or other documents that may be requested or required by any purchaser or any holder of any superior interest for the holders purposes of subjecting and subordinating this Lease to such deed or conveyance or to the lien of any such Security Devices shall have no liability deed of trust, master lease, security interest, mortgage, or obligation superior interest. Tenant hereby appoints Landlord attorney in fact, irrevocably, to perform any of the obligations of Licensor under the Agreement. Licensee agrees that, in the event that execute and deliver any such holder of a Security Device instrument or any purchaser at a foreclosure sale document for Tenant should Tenant fail or any entity that receives a transfer of the Building by a conveyance in lieu of foreclosure of the Building (“New Owner”) and/or otherwise succeeds refuse to the rights of Licensor under this Agreement, then Licensee recognize New Owner as the Licensor under this Agreement for the remainder of the term hereof, and Licensee shall perform and observe its obligations hereunder, provided that such New Owner shall not disturb Licensee’s use and occupancy of the Facilities do so long as Licensee is not in breach of its obligations under this Agreement. Upon written request from Licensor or Lender in connection with a sale, financing or refinancing of the Building, Licensee shall execute such further writings as may be reasonably required to separately document any subordination provided for herein. In addition, Licensee shall, within ten (10) days after of Landlord's written request for such instrument or document. In the written notice from Licensorevent the Building is sold or subjected to foreclosure proceedings, executeTenant shall attorn to the purchaser and recognize same as Landlord under this Lease. In the event any proceedings are brought for foreclosure, acknowledge and deliver to Licensor an estoppel certificate or in the form requested by Licensor or any Lender, together with any additional information, confirmation and/or statements reasonably requested by Licensor. 1. The Facilities is to be used by Licensee solely for lawful purposes in accordance with these Policies and Procedures and the other terms and conditions event of the Agreementexercise of the power of sale under any mortgage or deed of trust made by landlord covering the Premises, Tenant shall attorn to the purchaser at any such foreclosure or to the grantee of a deed in lieu of foreclosure and recognize such purchase or grantee as Landlord under this Lease.

Appears in 1 contract

Samples: Sublease (Brite Voice Systems Inc)

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