SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this “Agreement”) is made as of the day of , 200[ ] by and among , a , having an address at (together with its successors and assigns, “Lender”), [ ] (“Tenant”) and , a Delaware limited liability company, having an address at , (“Landlord”).
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Landlord shall obtain a subordination, non-disturbance and attornment agreement (“SNDA”) in the form of Exhibit F hereto from the current Landlord’s mortgagee, and Landlord shall use reasonable efforts to obtain an SNDA from any future Landlord’s mortgagee in the same or similar form of Exhibit F hereto (in any case, which form shall supersede the form contained in Appendix H to the Original Lease) or such mortgagee’s standard form with such changes as may be acceptable to Tenant and such mortgagee; however, so long as Landlord uses good faith efforts to obtain an SNDA, Landlord’s failure to obtain such agreement shall not constitute a default by Landlord hereunder or prohibit the mortgaging of the Building. If Landlord fails to deliver an SNDA, executed by Landlord and Landlord’s current mortgagee, within 30 days following the Effective Date, Tenant may terminate this Amendment (but not the Lease) by giving Landlord written notice thereof prior to the earlier of (a) the 40th day following the Effective Date, or (b) the date on which Landlord delivers the SNDA from Landlord’s current mortgagee to Tenant. The termination right afforded to Tenant under this Section 24 shall be Tenant’s sole remedy for Landlord’s failure to timely deliver an SNDA from Landlord’s current mortgagee. Time is of the essence for the delivery of Tenant’s termination notice under this Section 24; accordingly, if Tenant fails timely to deliver any such notice, Tenant’s right to terminate this Amendment under this Section 24 shall expire.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. (i) SNDA; Landlord's Default Under Mortgage. Within sixty (60) days after the full execution and delivery of this Lease by and to each of the parties, Landlord shall obtain and deliver to Tenant an executed subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Tenant ("SNDA") from each mortgagee and ground lessor identified on Schedule 3, hereto. Notwithstanding anything herein to the contrary, this Lease and all rights of Tenant hereunder shall be subject and subordinate at all times to those mortgages and ground leases that now encumber the Premises and are identified on Schedule 3 hereto subject to, and only in the event of, Tenant's prior receipt of an SNDA executed by each such mortgagee. In the event that Landlord shall fail to perform any of its obligations under any mortgage, ground lease or other instrument now or in the future encumbering the Premises and such failure shall continue beyond any cure period provided for in such instrument, then Tenant shall have the right (but not the obligation) to perform or endeavor to perform Landlord's obligation, at Tenant's expense; and, within thirty (30) days after receipt of a written demand from Tenant, Landlord shall reimburse Tenant for all costs and expenses incurred by Tenant in doing so, or, if Landlord shall fail or refuse to reimburse Tenant therefor, then Tenant shall be entitled to offset all such costs and expenses against the Rent or Additional Rent.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. 22.1 The estate, interest and rights hereby created are subordinate to any mortgage now or hereafter placed upon the Building or the Land or any estate or interest therein, including, without limitation, any mortgage on any leasehold estate, and to all renewals, modifications, consolidations, replacements and extensions of the same as well as any substitutions therefor. Tenant agrees that in the event any person, firm, corporation or other entity acquires the right to possession of the Building or the Land, including any mortgagee or holder of any estate or interest having priority over this Lease, Tenant shall, if requested by such person, firm, corporation or other entity, attorn to and become the tenant of such person, firm, corporation or other entity, upon the same terms and conditions as are set forth herein for the balance of the Lease Term. Notwithstanding the foregoing, any mortgagee may, at any time, subordinate its mortgage to this Lease, without Tenant’s consent, by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such mortgage without regard to their respective dates of execution and delivery, and in that event, such mortgagee shall have the same rights with respect to this Lease as though it had been executed prior to the execution and delivery of the mortgage.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is executed effective as of December ___, 2009, among Union Bank, N.A., in its capacity as administrative agent (or any assignee of or successor to such administrative agent) under the Credit Agreement (as defined below) and on behalf of the Credit Parties (as defined below) (“Administrative Agent”), and Xxxxx Corporation, a Delaware corporation (“Xxxxx”).
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. An original Subordination, Non-Disturbance and Attornment Agreement executed by the Tenant in form acceptable to Contributor’s Lender(the “SNDA”);
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Grantor #1 (Landlord): Grantor #2 (Tenant): Grantee (Lender): Abbreviated Legal Description: Official Legal Description on Exhibit A Assessor’s Tax Parcel ID # Reference No. N/A SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (the “Agreement”) is made as of the day of , 20 by and between: (“Lender”), and having an address at (“Tenant”).
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is dated as of the day of , 2 , between , a with an address at (“Lender”), and , a with an address at (“Tenant”).
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. In the event Lessor determines to grant a security interest (including Mortgage, Assignment of Rents, financing statements, and the like) in the Premises, the Lessee hereby agrees to execute a Subordination, Non-disturbance and Attornment Agreement in a reasonable form and substance, thereby subordinating its interest in the Lease to the financial institution or other entity providing the financing to Lessor ("Financing Entity"). In the event of a foreclosure or other action by the Financing Entity, such agreement shall provide that for so long as Lessee is not in default of this Lease, Lessee's occupancy of the Premises shall not be affected.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Landlord shall use reasonable efforts to obtain, within 30 days following Tenant’s execution of this Lease, a subordination, non-disturbance and attornment agreement from the current Landlord’s Mortgagee in the form of Exhibit I hereto or another form reasonably acceptable to Tenant and such Landlord’s Mortgagee; however, Landlord’s failure to obtain such agreement shall not constitute a default by Landlord hereunder or prohibit the mortgaging of the Building; and further provided that any third-party costs associated with obtaining such subordination, non-disturbance and attornment agreement shall be paid by Tenant within 15 days after Landlord’s written request therefor. Landlord represents and warrants to Tenant that, provided Tenant executes the form of subordination, non-disturbance and attornment agreement attached as Exhibit I hereto without any changes other than completing any blanks, there shall be no charge associated with the initial agreement.
