Common use of Subordination or Superiority Clause in Contracts

Subordination or Superiority. If the mortgage or trustee named in any mortgage or trust deed hereafter made ("Mortgagee") shall agree that, if it becomes the owner of the Property by foreclosure or deed in lieu of foreclosure, it will recognize the rights and interests of Tenant under the Lease and not disturb Tenant's use and occupancy of the Premises if and so long as Tenant is not in default under the Lease (which agreement may, at such mortgagee's option, require attornment by Tenant), then all or a portion of the rights and interests of Tenant under this Lease shall be subject and subordinate to such mortgage or trust deed and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. Any such Mortgage may elect that, instead of making this Lease subject and subordinate to its mortgage or trust deed, the rights and interests of Tenant under this lease shall have priority over the lien of the mortgage or trust deed, whichever alternative may be elected by the Mortgagee. If Tenant fails to execute and deliver any such instrument, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact, in its name, place and stead so to do.

Appears in 1 contract

Samples: Sublease (Quintus Corp)

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Subordination or Superiority. If the mortgage or trustee named in any mortgage or trust deed hereafter made ("Mortgagee") shall agree that, if it becomes the owner of the Property by foreclosure or deed in lieu of foreclosure, it will recognize the The rights and interests interest of Tenant under the Lease and not disturb Tenant's use and occupancy of the Premises if and so long as Tenant is not in default under the Lease (which agreement may, at such mortgagee's option, require attornment by Tenant), then all or a portion of the rights and interests of Tenant Lessee under this Lease shall be subject and subordinate to such any mortgage or trust deed that may be placed upon the Leased Premises and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. Any such Mortgage may , if the mortgagee or trustee named in said mortgages or trust deeds shall elect that, instead of making this Lease to subject and subordinate the rights and interest of Lessee under this Lease to the lien of its mortgage or deed of trust deedand shall agree to recognize this Lease of Lessee in the event of foreclosure if Lessee is not in default. Any mortgagee or trustee may elect to give the rights and interest of Lessee under this Lease priority over the lien of its mortgage or deed of trust. In the event of either such election and upon notification by such mortgagee or trustee to Lessee to that effect, the rights and interests interest of Tenant Lessee under this lease Lease shall be deemed to be subordinate to, or to have priority over over, as the case may be, the lien of the mortgage or trust deed, whichever alternative may be elected by whether this Lease is dated prior to or subsequent to the Mortgageedate of the mortgage or trust deed. If Tenant fails to Lessee shall execute and deliver any whatever instruments may be required for such instrumentpurposes, Tenant and in the event Lessee fails so to do within thirty (30) days after demand in writing, Lessee does hereby make, constitute and irrevocably appoint Landlord Lessor as its attorney in fact, attorney-in-fact and in its name, place place, and stead so to do.

Appears in 1 contract

Samples: Non Competition Agreement (Diagnostic Retrieval Systems Inc)

Subordination or Superiority. If the mortgage or trustee named in any mortgage or trust deed hereafter made ("Mortgagee") shall agree that, if it becomes the owner of the Property by foreclosure or deed in lieu of foreclosure, it will recognize the The rights and interests of Tenant under the Lease and not disturb Tenant's use and occupancy of the Premises if and so long as Tenant is not in default under the Lease (which agreement may, at such mortgagee's option, require attornment by Tenant), then all or a portion of the rights and interests interest of Tenant under this Lease shall be subject and subordinate to such any first mortgage or first trust deed that is or hereafter may he placed upon the Real Estate and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. Any such Mortgage may , if the mortgage or trustee named in said mortgage or trust deed shall elect that, instead of making this Lease to subject and subordinate the rights and interest of Tenant under this Lease to the lien of its mortgage or deed of trust and shall agree to recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default. Any first mortgage or first trustee may elect to give the rights and interest of Tenant under this Lease priority over the lien of its mortgage or deed of trust. In the event of either such election and upon notification by such mortgage or trustee to Tenant to that effect, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or have priority over, as the case may be, the lien of said mortgage or trust deed, whether this Lease is dated prior to or subsequent to the rights and interests date of Tenant under this lease shall have priority over the lien of the said mortgage or trust deed, whichever alternative may be elected by the Mortgagee. If Tenant fails to shall execute and deliver any whatever instruments may be required for such instrumentpurposes, and in the event Tenant fails so to do within ten (10) days after demand in writing, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact, fact and in its name, place and stead so to do.

Appears in 1 contract

Samples: Industrial Space Lease (Power Solutions International, Inc.)

Subordination or Superiority. If the mortgage or trustee named in any mortgage or trust deed hereafter made ("Mortgagee") shall agree that, if it becomes the owner of the Property by foreclosure or deed in lieu of foreclosure, it will recognize the The rights and interests of Tenant under the Lease and not disturb Tenant's use and occupancy of the Premises if and so long as Tenant is not in default under the Lease (which agreement may, at such mortgagee's option, require attornment by Tenant), then all or a portion of the rights and interests interest of Tenant under this Lease shall be subject and subordinate to such any first mortgage or trust deed creating a first mortgage that may be placed upon the Leased Premises by Landlord and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof, if the mortgagee or trustee named in said mortgages or trust deeds shall elect to subject and subordinate the rights and interest of Tenant under this Lease to the lien of its mortgage or deed of trust and shall agree to recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default. Any such Mortgage mortgagee or trustee may elect that, instead to give the rights and interest of making Tenant under this Lease subject priority over the lien of its mortgage or deed of trust. In the event of either such election and upon notification by such mortgagee or trustee to Tenant to that effect, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to its have priority over, as the case may be, the lien of said mortgage or trust deed, whether this Lease is dated prior to or subsequent to the rights and interests date of Tenant under this lease shall have priority over the lien of the said mortgage or trust deed, whichever alternative may be elected by the Mortgagee. If Tenant fails to shall execute and deliver any whatever instruments may be required for such instrumentpurposes, and in the event Tenant fails so to do within ten (10) days after demand in writing. Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact, fact and in its name, place place, and stead so to do.

Appears in 1 contract

Samples: Mfri Inc

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Subordination or Superiority. If the mortgagee or trustee in any first mortgage or trustee named in any mortgage or first trust deed hereafter made ("Mortgagee") shall agree that, if it becomes the owner of the Property by foreclosure elect to make this Lease subject and subordinate to its first mortgage or deed in lieu of foreclosure, it will recognize the rights and interests of Tenant under the Lease and not disturb Tenant's use and occupancy of the Premises if and so long as Tenant is not in default under the Lease (which agreement may, at such mortgagee's option, require attornment by Tenant)first trust deed, then all or a portion of the rights and interests of Tenant under this Lease shall be subject and subordinate to such first mortgage or first trust deed and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. Any such Mortgage mortgagee or trustee in any first mortgage or trust deed may elect that, instead of making this Lease or permitting this Lease to be subject and subordinate to its first mortgage or first trust deed, the rights and interests interest of Tenant under this lease Lease shall have priority over the lien of its mortgage or trust deed. Tenant agrees that it will, within ten (10) days after demand in writing, execute and deliver whatever instruments may be required, either to make to Lease subject and subordinate to such mortgage or trust deed, or to give the Lease priority over the lien of the mortgage or trust deed, whichever alternative may be elected by the Mortgageemortgagee or trustee. If Tenant fails to execute and deliver any such instrument, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact, in its name, place and stead so to do.

Appears in 1 contract

Samples: Neomedia Technologies Inc

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