Common use of Subordination Nondisturbance Attornment Clause in Contracts

Subordination Nondisturbance Attornment. If the Premises are, as of the date of this Lease, subject to the lien of any mortgage, any deed of trust, or the interest of any lease in which Landlord is the lessee, then Landlord will provide Tenant with a commercially reasonable agreement (Non-disturbance Agreement) executed by such lienholder that will ensure Xxxxxx’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. At either party’s option or at the lienholder’s option, such Non- disturbance Agreement will be recordable with the applicable county recorder’s office. Xxxxxx agrees to subordinate this Lease to any future mortgage, trust deed, or ground lease, provided such lienholder executes a commercially reasonable non-disturbance agreement which will ensure Xxxxxx’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. Landlord hereby represents and warrants that, as of the date of this Lease, there is no mortgage, trust deed, prime lease, or ground lease encumbering the Premises except as disclosed by Landlord to Tenant in writing. If a power of sale under any lien encumbering the Premises is exercised or any proceedings are brought for foreclosure (or, in the case of a master lease, termination) under any such lien, provided Tenant has previously received an executed Non- disturbance Agreement from the lienholder in accordance with this section, then Tenant will attorn to the purchaser or lessor under the lease on any foreclosure, sale, or lease termination and recognize the purchaser or lessor as Landlord under this Lease, provided that the purchaser or lessor acquires and accepts the Premises subject to this Lease.

Subordination Nondisturbance Attornment. If the Premises are, as of the date of this Lease, subject to the lien of any mortgage, any deed of trust, or the interest of any lease in which Landlord is the lessee, then Landlord will provide Tenant with a commercially reasonable agreement (Non-disturbance Agreement) executed by such lienholder that will ensure XxxxxxTenant’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. At either party’s option or at the lienholder’s option, such Non- disturbance Agreement will be recordable with the applicable county recorder’s office. Xxxxxx Tenant agrees to subordinate this Lease to any future mortgage, trust deed, or ground lease, provided such lienholder executes a commercially reasonable non-disturbance agreement which will ensure XxxxxxTenant’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. Landlord hereby represents and warrants that, as of the date of this Lease, there is no mortgage, trust deed, prime lease, or ground lease encumbering the Premises except as disclosed by Landlord to Tenant in writing. If a power of sale under any lien encumbering the Premises is exercised or any proceedings are brought for foreclosure (or, in the case of a master lease, termination) under any such lien, provided Tenant has previously received an executed Non- disturbance Agreement from the lienholder in accordance with this section, then Tenant will attorn to the purchaser or lessor under the lease on any foreclosure, sale, or lease termination and recognize the purchaser or lessor as Landlord under this Lease, provided that the purchaser or lessor acquires and accepts the Premises subject to this Lease.

Subordination Nondisturbance Attornment. If the Premises are, as of the date of this Lease, subject This Lease shall be subordinate to the lien of any mortgageMortgage now or hereafter placed against the Property, any deed and to all renewals, modifications, amendments, consolidations, replacements and extensions thereof. Tenant shall execute such documents as may be reasonably required by Landlord to confirm such subordination or priority within ten (10) business days after request, provided that the Mortgagee relying on such subordination agrees to execute and deliver to Tenant a reasonable form of trustsubordination, nondisturbance and attornment agreement (“SNDA”), so long as Tenant is not in default under this Lease and no event has occurred which with the passage of time or the interest giving of notice or both would constitute such a default. If this Lease is junior to any lease in which Mortgage, Landlord is shall, prior to the lesseeexecution of this Lease, then Landlord will provide Tenant with a commercially reasonable agreement (Non-disturbance Agreement) fully executed by SNDA or such lienholder that will ensure Xxxxxx’s right to possession other form as reasonably requested from the holder of the Mortgage as a condition to Tenant’s proceeding under this Lease. This Lease shall be deemed prior to any Mortgage if the Mortgagee concerned gives written notice of such election to Tenant. Tenant recognizes that Landlord’s ability from time to time to obtain financing for the Leased Premises may in part be dependent upon the acceptability of the terms of this Lease to the Mortgagee concerned. Accordingly, Tenant agrees that from time to time it shall, if so requested by Landlord and other rights granted if doing so will not materially or adversely affect Tenant’s interest hereunder (as reasonably determined by Tenant), join with Landlord in amending this Lease so as to meet the needs or requirements of any Mortgagee which is considering making or which has made a loan secured by any part of the Property. Any sale, assignment, or transfer of Landlord’s interest under this Lease in accordance with this Lease’s terms and conditions. At either party’s option or at the lienholder’s option, such Non- disturbance Agreement will be recordable with the applicable county recorder’s office. Xxxxxx agrees to subordinate this Lease to any future mortgage, trust deed, or ground lease, provided such lienholder executes a commercially reasonable non-disturbance agreement which will ensure Xxxxxx’s right to possession of the Premises and other rights granted under this Lease in accordance with this Lease’s terms and conditions. Landlord hereby represents and warrants that, as of the date of this Lease, there is no mortgage, trust deed, prime lease, or ground lease encumbering the Premises except as disclosed by Landlord to Tenant in writing. If a power of sale under any lien encumbering the Premises is exercised or any proceedings are brought for foreclosure (or, in the case of Property, including any disposition resulting from Landlord’s default under a master leasedebt obligation, termination) under any such lien, provided Tenant has previously received an executed Non- disturbance Agreement from the lienholder in accordance with this section, then Tenant will attorn to the purchaser or lessor under the lease on any foreclosure, sale, or lease termination and recognize the purchaser or lessor as Landlord under this Lease, provided that the purchaser or lessor acquires and accepts the Premises shall be subject to this Lease, and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors and assigns as the landlord under this Lease regardless of any rule of law to the contrary or the absence of privity of contract. Subject to the provisions of Section 13.1 pertaining to Transfers, Landlord shall, upon reasonable request, execute and deliver an SNDA to a transferee hereunder.