SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust. Notwithstanding anything to the contrary herein, subordination or attornment of this Lease to any present or future mortgagee shall be conditioned upon the holder agreeing that Lessor’s occupancy and quiet enjoyment of the Premises and other rights under this Lease shall not be disturbed by reason of the foreclosure of such mortgage so long as Lessee is not in default under this Lease.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. Section 5 of the Lease is amended to include the following: The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. Tenant’s interest under this Lease and the leasehold estate hereby created shall be subject and subordinate to the lien of any mortgage or similar lien which Landlord may now or hereafter place upon the Premises and to all of the terms and conditions thereof, all advances made thereunder, and to any renewals, extensions, modifications or replacements thereof; provided, however, that if the Lease is otherwise in full force and effect and Tenant is not in Default, such mortgagee shall agree that upon any foreclosure or sale of the Premises pursuant to the exercise of any remedy provided for in the mortgage, this Lease shall not be terminated nor affected by said foreclosure or sale, and the mortgagee shall agree that any foreclosure or sale of the Premises pursuant to the exercise of any rights and remedies under the mortgage, or otherwise, shall be made subject to this Lease and the right of the Tenant hereunder. Pursuant to the terms of the Subordination, Non-disturbance and Attornment Agreement (as defined below), Tenant shall, in the event that any proceedings are brought for foreclosure of or in the event that any exercise of the power of sale under any mortgage or similar lien made by Landlord covering the Premises is made, or if Landlord assigns this Lease, attorn to the Landlord’s successor upon any such foreclosure, sale or assignment, and shall recognize such purchaser or assignee as Landlord under this Lease. The parties hereto agree to execute such documents as may be reasonably necessary to effectuate this Section 13.
13.1 On or before the Commencement Date, or in the event a mortgage is placed of record prior to a Memorandum of Lease becoming of record, and as a condition precedent to the effectiveness of this Lease, Landlord shall provide to Tenant a commercially reasonable subordination, non-disturbance and attornment agreement (“Subordination, Non-disturbance and Attornment Agreement”) in favor of Tenant from Landlord’s mortgagee now in existence against the Premises or the Building and as to all advances made or hereafter to be made thereon. The Subordination, Non-disturbance and Attornment Agreement shall be in recordable form and may be recorded at Tenant’s election and expense.
13.2 Within twenty (20) Business Days after Tenant’s receipt of a written request from Landlord or any Landlord’s mortgagee, Tenant shall, in writing, subordinate its rights hereunder to the interest of any future ground lessor of the land and to the future lien o...
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease and Lessee’s performance thereunder is conditioned upon the delivery to Lessee by Lessor of an executed Subordination, Non Disturbance Attornment Agreement, signed by Lessor’s lender, in a form reasonably acceptable to Lessee and consistent with commercially reasonable practices (“SNDA”). Lessor represents and warrants to Lessee that as of the date of this Lease, (i) Lessor has good and marketable fee simple title to the Premises, and (ii) that the Premises is not subject to any mortgages or liens of any type or nature except by any future Deed of Trust on the Premisesin favor of for which Lessor agrees to obtain and provide to Lessee a fully executed SNDA, when applicable due to Lessor mortgaging the Premises.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. (See Article Eleven) Sections 11.01 and 11.02 of the Lease are amplified as follows: Tenaxx xxxees that, upon the written request of Landlord or a Lender in connection with the sale, financing or refinancing of the Premises, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement similar in form and content to the form attached to this Lease as Exhibit "A," and such other documents or provisions reasonably required by Lender or Landlord.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. This Lease is subordinate to the lien of any mortgages which are now or at any future time are placed on the Building, the Premises or Landlord's rights under this Lease, and to any renewals, extensions, modifications or consolidations of any mortgage so long as such mortgagee agrees not to disturb Tenant's use and occupancy of the Premises if there is no uncured Event of Default by Tenant. To confirm subordination, Tenant shall execute a Subordination Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit F. Landlord shall obtain any existing mortgagee's signature on such Subordination, Non-Disturbance and Attornment Agreement following execution of this Lease.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagee Rights provision of this lease are conditioned upon the delivery to Lessee by Lessor’s Lender of an executed Subordination, Non Disturbance Attornment Agreement in form reasonably acceptable to Lessee and consistent with prior practices. Lessee agrees to make available annual financial statements for review and such other informational documentation as may be reasonably required by Lessor or Lessor's lender. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Land is not subject to any liens of any type or nature except by a Deed of Trust.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. 28 Section 10.1 Subordination, Non-Disturbance and Attornment. 28 Section 10.2 Estoppel Certificates. 28 ARTICLE XI. Notices 29
