Subordination of Mortgage. Notwithstanding anything to the contrary contained herein, any Mortgagee may subordinate, in whole or in part, its Mortgage to this Lease by sending Tenant notice in writing subordinating all or any part of such Mortgage to this Lease, and Tenant agrees to execute and deliver to such Mortgagee such further instruments consenting to or confirming the subordination of all or any portion of its Mortgage to this Lease and containing such other provisions which may be requested in writing by such Mortgagee within ten (10) days after Tenant’s receipt of such written request.
Subordination of Mortgage. This Lease is subordinate to all underlying leases and to all mortgages of the Development and is subject to the effects of any modification in such underlying lease and mortgages. This means that if those underlying leases or mortgages on the Development are changed, or foreclosure or other proceedings based upon them are brought against the property or the Landlord, the rights of the parties holding such leases or mortgages are greater than Tenant’s rights. The Tenant agrees, upon request at any time, to sign any paper which the Landlord may consider necessary to accomplish that end. If the Tenant does not do so, the Landlord is irrevocably empowered to sign such paper in the name of the Tenant as the act and deed of the Tenant.
Subordination of Mortgage. Subject to the terms and conditions of this Agreement, and notwithstanding (a) the order in which the Mortgage and the Lease were executed, delivered, recorded, filed, granted, attached, or perfected or (b) anything to the contrary in the Mortgage or any other document (excluding this Agreement) evidencing, governing or securing the Loan (the “Loan Documents”), the Mortgage, the estate and interest created thereby and all claims and rights of Lenders under the Mortgage and/or the Loan Documents, in each case, to the extent of the Leased Property, is hereby and shall, at all times, are and remain, absolutely, unconditionally, and irrevocably junior, subject, and subordinate, including as to priority, time, and right to payment and performance to the Lease, and all rights and interests created in favor of Tenant under the Lease, to all rights and remedies of Tenant under the Lease, to Tenant’s leasehold estate in the Leased Property created thereby and to any existing or future leasehold mortgage encumbering Tenant’s leasehold estate in the Leased Property under the Lease; provided, however, the Mortgage is not subject and subordinate to those rights of Tenant (a) arising from any prior lease with Landlord, (b) arising from the exercise of a right in violation of Section 4(d) hereof, or (c) to the real property comprising Tenant’s Option to
Subordination of Mortgage. Notwithstanding anything to the contrary set forth above, any mortgagee under any Mortgage may at any time subordinate its Mortgage to this Lease in whole or in part, without any need to obtain Tenant's consent, by execution of a written document subordinating such Mortgage to this Lease to the extent set forth in such document and thereupon this Lease shall be deemed prior to such Mortgage to the extent set forth in such document without regard to their respective dates of execution, delivery and/or recording. In that event, to the extent set forth in such document, such Mortgage shall have the same rights with respect to this Lease as would have existed if this Lease had been executed, and a memorandum thereof, recorded prior to the execution, delivery and recording of the Mortgage.
Subordination of Mortgage. Notwithstanding anything to the contrary contained herein regarding the priority of this Mortgage, Mortgagee hereby expressly subordinates the lien of this Mortgagee to any and all Permitted Easements hereafter granted by Mortgagor over the Mortgaged Property in accordance with the Indenture. This subordination is automatic and self-operative; however, upon written notice from Mortgagor, at Mortgagor's cost, Mortgagee shall execute and deliver any and all instruments and agreements requested by Mortgagor to confirm or evidence this subordination with respect to all or any particular Permitted Easement(s).
Subordination of Mortgage. This instrument and the rights, remedies and obligations evidenced hereby are subordinate in the manner and to the extent set forth in that certain Affiliate Subordination Agreement (as amended, restated, modified or supplemented from time to time, the “Subordination Agreement”), dated as of September 30, 2008, by and among Mortgagee, Mortgagor and Victory Park Management, LLC (“Victory”), among others, to the Senior Debt (as defined in the Subordination Agreement), that certain first priority lien Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing, dated as of September 30, 2008 (the “Senior Mortgage”), by Mortgagor in favor of Victory as Agent and each other Senior Debt Document (as defined in the Subordination Agreement); and each holder of this instrument, by its acceptance hereof, irrevocably agrees to be bound by the provisions of the Subordination Agreement.
Subordination of Mortgage. The parties listed as Lenders on the signature pages hereto (collectively, the “Lenders”) are the owners and holders of that certain indebtedness secured by the following mortgage (the “Subordinated Mortgage”): Book ___, Page ___, Reception No. ___ Recovery Energy, Inc. (the “Debtor”) has sold, executed and delivered a Senior Mortgage to ______________________ (the “Senior Lenders”), dated ___________________, recorded in Book _______, Page _______, Reception No. ____________________, of the records of _____________ County, [STATE] (the “Senior Mortgage”). The Senior Mortgage covers the lands described on Exhibit A, attached hereto (the “Mortgage Property”).
Subordination of Mortgage. The Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises
Subordination of Mortgage. Any mortgagee may elect that this Lease shall have priority over the mortgage that it holds and, upon notification to Tenant by such mortgagee, this Lease shall be deemed to have priority over such Mortgage, regardless of the date of this Lease.
Subordination of Mortgage. Notwithstanding the foregoing subparagraphs, any Mortgagee may at any time subordinate the lien of its Mortgage to the operation and effect of this Lease without obtaining Tenant's, or anyone claiming by, through or under Tenant, consent by giving Tenant written notice thereof, in which event this Lease shall be deemed to be senior to such Mortgage without regard to their respective dates of execution, delivery and/or recordation, and thereafter such Mortgage shall have the same rights as to this Lease as it would have had were this Lease executed and delivered before the execution of such Mortgage.
