Subordination, Nondisturbance and Attornment Agreements. With respect to each Individual Property, Borrowers shall have delivered a true, complete and correct rent roll and a copy of each of the Leases identified in such rent roll, and each Lease shall be satisfactory to Lender in Lender's reasonable discretion.
Subordination, Nondisturbance and Attornment Agreements. Upon the request of Grantor, Mortgagee shall (at Grantor’s sole cost and expense) promptly execute and deliver a subordination, nondisturbance and attornment agreement in substantially the form of Exhibit B between Mortgagee and the tenant under any Lease from Grantor of any part of the Mortgaged Property, provided that Grantor shall deliver to Mortgagee an Officer’s Certificate to the effect that such Lease: (i) is made for a fair market rent and upon other market terms and conditions and (ii) does not materially adversely affect the use of the remaining Mortgaged Property for Grantor’s business or materially adversely affect the value of the Mortgaged Property at the time.
Subordination, Nondisturbance and Attornment Agreements. The subordination of the Tenant’s rights under this Lease to ground lessors and mortgagees now existing or hereafter granted, as contemplated in Section 10.1, is subject to the condition that any such mortgagee or ground lessor shall have entered into a subordination, nondisturbance and attornment agreement with the Tenant, the form of which shall be furnished by the mortgagee or ground lessor, as the case may be, with such reasonable modifications as Tenant shall request within a reasonable time period. The form of non-disturbance and attornment agreement attached hereto as Exhibit G is acceptable to Tenant in connection with the Ground Lease held by MIT (as such terms are defined in Section 12.10).
Subordination, Nondisturbance and Attornment Agreements. Upon the request of Grantor, Beneficiary shall (at Grantor’s sole cost and expense) promptly execute and deliver a subordination, nondisturbance and attornment agreement in substantially the form of Exhibit B between Beneficiary and the tenant under any Lease from Grantor of any part of the Security Property, provided that Grantor shall deliver to Beneficiary an Officer’s Certificate to the effect that such Lease: (i) is made for a fair market rent and upon other market terms and conditions and (ii) does not materially adversely affect the use of the remaining Security Property for Grantor’s business or materially adversely affect the value of the Security Property at the time.
Subordination, Nondisturbance and Attornment Agreements. With respect to each Facility, Borrower shall have delivered a true, complete and correct rent roll and a copy of each Management Agreement, Operator Lease and the standard form of residency agreement, and each standard form of residency agreement shall be satisfactory to Lender in Lender's reasonable discretion. Borrower shall, among other things and without limitation, provide (i) evidence that each Lease is in full force and effect and (ii) originally executed tenant estoppel certificates and the SNDA from each Operator and, in the case of the Facility in Florida, the Parent in form and substance satisfactory to Lender in Lender's discretion.
Subordination, Nondisturbance and Attornment Agreements. Notwithstanding any provisions of either the 1995 Lease or the 2001 Lease (including, without limitation, Sections X(e) of each), Landlord may satisfy its obligation to deliver a "subordination-nondisturbance-attornment agreement", as referenced in the 1995 Lease or a "nondisturbance and attornment agreement", as referenced in the 2001 Lease, if Landlord delivers to Tenant such an agreement in the customary form of Landlord's mortgagee, with such commercially reasonable changes as Tenant may request (rather than the form of agreement which is attached to each Lease).
Subordination, Nondisturbance and Attornment Agreements. Buyer hereby acknowledges that this Agreement does not contain a financing contingency and that the receipt of subordination, nondisturbance and attornment agreements ("SNDAs") from the tenants at the Property is not a condition precedent to Buyer's obligation to purchase the Property hereunder. However, Seller shall permit Buyer to attempt to obtain SNDAs from the tenants at the Property in connection with the financing that Buyer may be obtaining in connection with the transactions contemplated by this Agreement, and Seller's sole obligation hereunder shall be to reasonably cooperate with Buyer's efforts to attempt to obtain such SNDAs from the tenants at the Property (and for the purposes of this subparagraph F, Seller shall be deemed to have reasonably cooperated with Buyer's efforts if Seller delivers such SNDAs to the tenants at the Property promptly after receipt thereof from Buyer [but Seller shall have no obligation to negotiate the form of such SNDAs with such tenants or with Buyer's lender]). In this connection, Seller shall promptly deliver to Buyer the originals of any SNDAs received by Seller.
Subordination, Nondisturbance and Attornment Agreements. If and when requested by the Purchaser, the Sellers shall use commercially reasonable efforts to obtain subordination, nondisturbance and attornment agreements, in substantially the forms prepared by the Purchaser’s lenders, executed by the Tenants (collectively, the “SNDAs”); provided, however, that the execution and delivery of such SNDAs shall not be a condition precedent to the Purchaser’s obligation to consummate the Closing. Sending the form of the SNDAs to the applicable Tenants with the request that they be executed and delivered to the Sellers, the Purchaser or the Purchaser’s lenders prior to the consummation of the Closing and subsequent follow-up telephone calls or e-mails to check on the status of such requests shall constitute commercially reasonable efforts as used in this Section 3.4(r) and in no event shall commercially reasonable efforts require the Sellers to pay any consideration, expend any other sums or institute any legal proceedings in connection with the execution and delivery of the SNDAs certificates.
Subordination, Nondisturbance and Attornment Agreements. This Agreement and any extensions, renewals, replacements or modifications thereto, and all rights and interests of Manager in the Facility, shall be subject and subordinate to any Facility Mortgage, provided, however, that such subordination shall be conditioned upon Owner and any Mortgagee providing to Manager a non-disturbance agreement in form and substance acceptable to Manager acting reasonably only to the extent of Owner’s efforts required pursuant to Section 10.3 (and, if there is any conflict between the provisions of Section 10.3 hereof and the provisions of this Section 18.3, the provisions of Section 10.3 shall govern). Manager shall be obligated to Owner or any Mortgagee coming into possession or title to the Facility at foreclosure or as a subsequent purchaser from Owner or a Mortgagee or its designee (each, a “Subsequent Owner”) to perform all of the terms and conditions of this Agreement for the balance of the remaining term hereof, with the same force and effect as if such Subsequent Owner were the Owner. If the Loan Documents or any subordination, non-disturbance and attornment agreement executed by Manager contains provisions requiring Manager (upon default under the Facility Mortgage, or upon various other stipulated conditions) to pay certain amounts which are otherwise due to Owner under this Agreement (after the payment of Facility Expenses) to the Mortgagee or its designee (rather than to Owner), Owner hereby gives its consent to such provisions, which consent shall be deemed to be irrevocable until the entire debt secured by the Facility Mortgage has been discharged.
Subordination, Nondisturbance and Attornment Agreements. Within 10 Business Days of the Agent's receipt of the Borrower's written request and at the Borrower's cost and expense, the Agent agrees to execute and deliver to the Borrower a subordination, nondisturbance and attornment agreement with respect to any lease of 2,500 square feet or more of any Borrowing Base Property, if requested by the tenant thereunder, provided that (a) such tenant is not an Affiliate of the Parent, the Borrower or any Guarantor, (b) the form of applicable lease is reasonably satisfactory to the Agent, (c) the leasing parameters in respect of such Borrowing Base Property are reasonably satisfactory to the Agent, (d) the Borrower shall promptly return to Agent a counterpart of such subordination, nondisturbance and attornment agreement, fully executed on behalf of Borrower and such tenant, and (e) the terms of such subordination, attornment and nondisturbance agreement are in substantially the form of Exhibit I or are otherwise acceptable to the Agent. The Lenders authorize the Agent to execute and deliver any subordination, attornment and nondisturbance agreements provided for hereunder. The requirement that the Agent execute and deliver a subordination, attornment and nondisturbance agreement under this Section shall apply only to Borrowing Base Properties on which the Agent has a Lien under a Security Deed.
