Common use of Subordination, Non-Disturbance and Attornment Clause in Contracts

Subordination, Non-Disturbance and Attornment. This Lease and Tenant's interest hereunder shall be subordinate to any Mortgage or other security instrument hereafter placed upon the Leased Premises by Landlord, and to any and all advances made or to be made thereunder, to the interest thereon, and all renewals, replacements and extensions thereof, provided that any such Mortgage or other security instrument (or a separate instrument of subordination, non-disturbance and attornment in recordable form duly executed by the holder of any such Mortgage or other security instrument executed and delivered to Tenant) shall provide for the recognition of this Lease and all Tenant's rights hereunder unless and until an Event of Default exists beyond any applicable notice and cure period and Landlord shall have the right to terminate this Lease pursuant to any applicable provision hereof. Landlord covenants that so long as Tenant shall have paid all Basic Rent then due and payable and no other Event of Default shall have occurred and then be continuing hereunder, Landlord shall timely pay the debt service payments due Lender in connection with the Loan; provided that, the foregoing shall not obligate Landlord to make any payment to Lender during the pendency of any good faith dispute between Landlord and Lender.

Subordination, Non-Disturbance and Attornment. This Notwithstanding anything to the contrary in this Lease, this Lease and Tenant's Lessee’s interest hereunder shall be subject, subordinate and inferior to any Mortgage mortgage or other security instrument granted or entered into by Lessor in connection with the loan by which Lessor acquired the Premises from Lessee, and any mortgage or other security instrument hereafter placed upon the Leased Premises by LandlordLessor, and to any and all advances made or to be made thereunder, to the interest thereon, and all renewals, replacements and extensions thereof, provided that any such Mortgage mortgage or other security instrument (or a separate instrument of subordination, non-disturbance agreement entered into between Lessee and attornment the Mortgagee in recordable form duly executed by the holder of any whose favor such Mortgage or other security instrument executed and delivered to Tenantmortgage was granted) shall provide for the recognition of this Lease and all Tenant's Lessee’s rights hereunder hereunder, including the non-disturbance of Lessee’s possessory rights hereunder, unless and until an Event of Default exists beyond any applicable notice occurs and cure period and Landlord is continuing in which event Mortgagee shall have the right all rights and remedies provided under this Lease, and shall otherwise be on such terms and conditions as shall be mutually agreeable to terminate this Lease pursuant Lessee and Mortgagee. If Lessor desires to obtain or refinance any applicable provision hereof. Landlord covenants loan, Lessee shall execute any and all documents that such Mortgagee reasonably requires in connection with such financing, so long as Tenant shall have paid all Basic Rent then due and payable and no other Event the same do not materially adversely affect any right, benefit or privilege of Default shall have occurred and then be continuing hereunder, Landlord shall timely pay the debt service payments due Lender in connection with the Loan; provided that, the foregoing shall not obligate Landlord to make any payment to Lender during the pendency of any good faith dispute between Landlord and LenderLessee under this Lease or materially increase Lessee’s non-monetary obligations or increase Lessee’s monetary obligations under this Lease.

Subordination, Non-Disturbance and Attornment. This Lease and Tenant's interest hereunder shall be subordinate to any Mortgage or other security instrument hereafter placed upon the Leased Premises by Landlord, and to any and all advances made or to be made thereunder, to the interest thereon, and all renewals, replacements and extensions thereofthereof and Tenant agrees to attorn to and recognize the holder of such Mortgage as landlord in the event that such holder succeeds to the interest of Landlord hereunder; provided that, provided that any such Mortgage or other security instrument (or a separate instrument of subordination, non-disturbance and attornment in recordable form duly executed by the holder of any such Mortgage or other security instrument executed and delivered to Tenant) shall provide for the recognition of this Lease and all Tenant's rights hereunder (including, but not limited to, Tenant's right to the continued and uninterrupted peaceable use, occupancy, enjoyment and possession of the Leased Premises notwithstanding any default by Landlord under the terms of a Note and/or Mortgage or the exercise by Lender of any remedy thereunder or any other loan documents, including, but not limited to, foreclosure) unless and until an Event of Default exists beyond any applicable notice shall have occurred and cure period and then be continuing or Landlord shall have the right to terminate this Lease pursuant to any applicable provision hereof. Landlord covenants that so long as Tenant shall have paid all Basic Rent then due and payable and no other Event of Default shall have occurred and then be continuing hereunder, Landlord shall timely pay the debt service payments due Lender in connection with the Loan; provided that, the foregoing shall not obligate Landlord to make any payment to Lender during the pendency of any good faith dispute between Landlord and Lender.