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. 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. Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit K, executed by Landlord and the Lender named therein to Tenant as soon as reasonably possible. Landlord shall 27 use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's Mortgagee in the form attached hereto as Exhibit K or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as Exhibit K or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). The subordination of Tenant's rights hereunder to any future Landlord's Mortgagee under Section 12.(a) and the attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon such future Landlord's Mortgagee's execution and delivery of a Non-Disturbance Agreement.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is executed effective as of February 29, 2008, among Union Bank of California, 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 Hxxxx Corporation, a Delaware corporation (“Hxxxx”).
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. An original Subordination, Non-Disturbance and Attornment Agreement executed by Tenant in form acceptable to Purchaser’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:
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.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT. Prior to or on the Commencement Date, (a) Landlord and each Permitted Mortgage Lender shall enter into a subordination, non-disturbance and attornment agreement substantially in the form of Exhibit “P-1” attached hereto and (b) Landlord and each Permitted Mezzanine Lender shall enter into a subordination, non-disturbance and attornment agreement substantially in the form of Exhibit “P-2” attached hereto.
