Subordination, Nondisturbance and Attornment. Within fifteen (15) days of request by Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any mortgage or deed of trust to any bank, insurance company or other lending institution, now or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease. Provided Tenant has subordinated its Lease as herein provided, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof in the event of any such foreclosure. Attached hereto as Exhibit ”G” is a form Subordination, Nondisturbance and Attornment Agreement. Tenant agrees, upon Landlord’s request, to executed a Subordination, Nondisturbance, and Attornment Agreement in substantial form to the document shown as Exhibit “G”. In addition, Tenant shall agree to any reasonable modification to said Subordination, Nondisturbance, and Attornment Agreement requested by any institutional mortgage holder which encumbers Landlord’s interest in the Center, provided such modification does not materially diminish Tenants rights hereunder.
Subordination, Nondisturbance and Attornment. (SEP 1999) - 552.270-23
a. Lessor warrants that it holds such title to or other interest in the premises and other property as is necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument shall be required to effect the present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next following the Government's receipt of a written demand, to execute such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government under this lease.
b. No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this lease so long as the Government is not in default under this lease. Lessor will include for any future mortgage, deed of trust or other security instrument to which this lease becomes subordinate, in a separate nondisturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the Government promptly upon demand.
c. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their succes...
Subordination, Nondisturbance and Attornment. The Leases are and at all times shall be subject and subordinate in all respects to this Mortgage, and to all renewals, modifications, amendments, consolidations, replacements, refinancings and extensions of this Mortgage, to the full extent of all principal, interest and all other amounts secured hereby. Provided that a tenant is not in default under its Lease, Mortgagee shall not disturb the occupancy of such tenant under its Lease during the term of such Lease, notwithstanding foreclosure of this Mortgage, acceptance of a deed in lieu of foreclosure or exercise of any other remedy provided herein, or pursuant to the laws of the State of South Carolina. If requested by a tenant under any of the Leases or upon Mortgagee's request, Mortgagor shall enter into a subordination, nondisturbance and attornment agreement (reasonably acceptable in form and substance to Mortgagee) with such tenant whereby Mortgagee will agree to not disturb the tenant in its possession of the Property provided such tenant is not in default under its Lease and the tenant will agree to attorn to Mortgagee if Mortgagee takes possession of the Property.
Subordination, Nondisturbance and Attornment. This Lease will be subject and subordinate to any mortgage, deed of trust, ground lease or sale-leaseback now placed upon the Premises by Landlord, and to amendments, renewals and extensions thereof. Landlord must obtain from any holder of any mortgage, deed of trust, ground lease, or sale-leaseback interest which has priority over this Lease at the time of execution of this Lease and recording of the Memorandum of Lease a Non-disturbance Agreement on the form attached to this Lease as EXHIBIT F or such other form as is acceptable to Tenant (an "NDA") and if Landlord does not do so before the Original Commencement Date, all Rent will be forgiven from the Original Commencement Date through the date that Landlord delivers such NDA, executed by such holder and Landlord, to Tenant. Tenant agrees to subordinate this Lease to any mortgage, deed of trust, ground lease, or sale-leaseback interest placed upon the Premises by Landlord after the Original Commencement Date and to any amendments, renewals, and extensions thereof upon the condition that the holder of the instrument to which this Lease is subordinated has given Tenant an NDA upon the form attached as EXHIBIT F or such other form as is acceptable to Tenant.
Subordination, Nondisturbance and Attornment. 12 ARTICLE XVII SIGNS............................................................13
Subordination, Nondisturbance and Attornment. This Agreement shall be subject and subordinate to the lien of all mortgages, deeds of trust or other security instruments now or hereafter placed on or against Licensor’s interest herein, and Licensee shall, at Licensor’s request, promptly execute any required or appropriate certificate, subordination agreement or other document evidencing or confirming such subordination; provided, however, that such mortgagee or beneficiary named in any such mortgage, deed of trust or security instrument executes and delivers to Licensee, for its benefit, a nondisturbance agreement providing, in essence, that so long as Licensee is not in default under this Agreement, neither this Agreement nor any of Licensee’s rights hereunder shall be terminated as a result of any trustee’s sale or proceeding to foreclose any such mortgage, deed of trust or security instrument. In the event of any such trustee’s sale, foreclosure or deed-in-lieu thereof, Licensee hereby covenants and agrees to attorn to any successor to Licensor’s interest herein and this Agreement shall continue as a direct license agreement between Licensee and Licensor’s successor, subject to all of the terms and conditions set forth herein.
Subordination, Nondisturbance and Attornment. A. Tenant agrees that this Agreement, each Severance Lease, and any extensions, renewals, replacements or modifications to either of them and all right and interest of Tenant in and to the Hotels shall, at the option of any mortgagee pursuant to any Refinancing, be subject and subordinate to such mortgage provided that such mortgagee agrees in writing, in an instrument recordable in each jurisdiction in which a Hotel is located that is reasonably acceptable to Tenant's counsel and has been previously approved in writing by Tenant's counsel, that in the event the mortgagee or any other party comes into possession of any of the Hotels by virtue of a foreclosure, deed or assignment in lieu of foreclosure or other transfer pursuant to such mortgage, Tenant shall not be disturbed in its rights hereunder so long as Tenant is not in material default hereunder.
B. Provided that such mortgagee has delivered to Tenant the recordable instrument described in subsection A above, in the event that such mortgagee or any other party comes into possession of any of the Hotels by virtue of a foreclosure, deed or assignment in lieu of foreclosure, or other transfer pursuant to such mortgage, Tenant shall be obligated to such mortgagee or such third party to perform all of the terms and conditions of this Agreement for the balance of the remaining term but subject to Tenant's rights to terminate pursuant to Section 19.02.B.2 hereof. END OF ARTICLE III
Subordination, Nondisturbance and Attornment. This Agreement shall not be a lien against the Leased Premises in respect to any mortgages and security agreements placed or hereafter to be placed by Lessor upon the Leased Premises. The recording of such mortgages and security agreements shall have preference and precedence and be superior and prior in lien to this Agreement, irrespective of the date of recording, and Lessee agrees to execute any instruments, without cost, which may be deemed necessary or desirable to further effect the subordination of this Agreement. Lessor shall make a reasonable effort to obtain from any mortgagees or lenders holding an interest in the nature of a mortgage in the Leased Premises an agreement that the mortgagee or lender shall not disturb Lessee's quiet possession in the event of foreclosure. If any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Lessor encumbering the Leased Premises, Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease.
Subordination, Nondisturbance and Attornment. Assignee and Assignor acknowledge and agree that Article 18 of the Lease provides parameters around the delivery of any SNDA from any lender relative to the Premises. Landlord agrees to endeavor to obtain an SNDA from Landlord's current lender. Assignee acknowledges that Assignor has no responsibility to deliver an SNDA to Assignee as Assignor has no privity of contract with Landlord's lender. Assignee acknowledges that Assignor has provided Assignee with a copy of the SNDA that has been delivered to Assignor in connection with the Lease. Such SNDA, if obtained, will be in the form and with content as required by the Lease and Landlord's lender. Assignee agrees that the delivery of an SNDA is not a condition to this Agreement.
Subordination, Nondisturbance and Attornment. Lender shall have received appropriate instruments acceptable to Lender in its reasonable discretion subordinating all of the Leases designated by Lender to the Mortgage. Lender shall have received an agreement to attorn to Lender satisfactory to Lender from any tenant under a Lease that does not provide for such attornment by its terms. Lender shall agree in any such agreement to provide the applicable tenant non-disturbance protection provided the applicable Lease is not in default beyond applicable notice and grace periods.
