Common use of Subordination or Superiority Clause in Contracts

Subordination or Superiority. The rights and interest of Tenant under this Lease shall be subject and subordinate to any first mortgage or trust deed creating a first mortgage 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, 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. Any mortgagee or 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 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 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 date of said mortgage or trust deed. Tenant shall execute and deliver whatever instruments may be required for such purposes, 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 and in its name, place, and stead so to do.

Appears in 2 contracts

Samples: Industrial Space Lease (Tekgraf Inc), Industrial Space Lease (Nelnet Inc)

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Subordination or Superiority. The If the mortgagee or trustee in any first mortgage or first trust deed hereafter made shall elect to make this Lease subject and subordinate to its first mortgage or first trust deed, then all or a portion of the rights and interest interests of Tenant under this Lease shall be subject and subordinate to any such first mortgage or first trust deed creating a first mortgage 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, 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. Any mortgagee or trustee in any first mortgage or trust deed may elect to give the rights and interest that, instead of Tenant under making this Lease priority over the lien of or permitting this Lease to be subject and subordinate to its first mortgage or deed of trust. In the event of either such election and upon notification by such mortgagee or trustee to Tenant to that effectfirst trust deed, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to have priority over, as the case may be, over the lien of said mortgage or trust deed, whether this Lease is dated prior to or subsequent to the date of said its mortgage or trust deed. Tenant shall execute and deliver whatever instruments may be required for such purposesagrees that it will, and in the event Tenant fails so to do 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 mortgagee 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 and fact, in its name, place, place and stead so to do. XVII. SURRENDER Landlord's Work is not Alterations.

Appears in 1 contract

Samples: Lease Agreement (Neomedia Technologies Inc)

Subordination or Superiority. The rights and interest of Tenant Lessee under this Lease shall be subject and subordinate to any first mortgage or trust deed creating a first mortgage 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, if the mortgagee or trustee named in said mortgages or trust deeds shall elect to subject and subordinate the rights and interest of Tenant Lessee under this Lease to the lien of its mortgage or deed of trusttrust and 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 Tenant 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 Tenant Lessee to that effect, the rights and interest of Tenant Lessee under this Lease shall be deemed to be subordinate to, or to have priority over, as the case may be, the lien of said the mortgage or trust deed, whether this Lease is dated prior to or subsequent to the date of said the mortgage or trust deed. Tenant Lessee shall execute and deliver whatever instruments may be required for such purposes, and in the event Tenant Lessee fails so to do within ten thirty (1030) days after demand in writing, Tenant Lessee does hereby make, constitute and irrevocably appoint Landlord Lessor as its attorney in attorney-in-fact and in its name, place, and stead so to do.

Appears in 1 contract

Samples: Asset Purchase Agreement (Diagnostic Retrieval Systems Inc)

Subordination or Superiority. The rights and interest of Tenant under this Lease shall be subject and subordinate to any first mortgage or first trust deed creating a first mortgage that is or hereafter may be he placed upon the Leased Premises Real Estate 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 mortgage or trustee named in said mortgages mortgage or trust deeds deed shall elect to subject and subordinate the rights and interest of Tenant under this Lease to the lien of its mortgage or deed of trusttrust and shall agree to recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default. Any mortgagee 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 mortgagee 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 to 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 date of said mortgage or trust deed. Tenant shall execute and deliver whatever instruments may be required for such purposes, 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 and in its name, place, place and stead so to do.

Appears in 1 contract

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

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Subordination or Superiority. The If the mortgagee or trustee named in any first mortgage or first trust deed hereafter made shall agree that, if it becomes the owner of the Leased Premises by foreclosure or deed in lieu of foreclosure, it will recognize the rights and interest of Tenant under the Lease and not disturb Tenant's and occupancy of the Leased Premises if and so long as no event of default shall have occurred which has not been waived in writing by Landlord (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 any such first mortgage or first trust deed creating a first mortgage 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, 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. Any such mortgagee or trustee may elect to give the rights and interest that, instead of Tenant under making this Lease priority over the lien of subject and subordinate to its first mortgage or deed of trust. In the event of either such election and upon notification by such mortgagee or trustee to Tenant to that effectfirst trust deed, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or to have priority over, as the case may be, over the lien of said mortgage or trust deed, whether this Lease is dated prior to or subsequent to the date of said its mortgage or trust deed. Tenant shall agrees that it will, within twenty (20) days after demand in writing, execute and deliver whatever instruments may be required for required, either to make the Lease subject and subordinate to such purposesa mortgage or trust deed, and in or to give the event Tenant fails so to do within ten (10) days after demand in writingLease priority over the lien of the mortgage or trust deed, Tenant does hereby makewhichever alternative may be elected by the mortgagee or trustee, constitute and irrevocably appoint Landlord as its attorney in fact and in its name, place, and stead so to doprovided that any such instrument shall not modify any provision of this Lease.

Appears in 1 contract

Samples: Industrial Building Lease (Vysis Inc)

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