Common use of Subordination to Mortgages; Estoppel Certificate Clause in Contracts

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination shall be subject to the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”). The party having the benefit of a Mortgage shall be referred to as a “Mortgagee”. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, Tenant, without charge, shall attorn to any successor to Landlord’s interest in this Lease. Landlord and Tenant shall each, within ten (10) days after receipt of a written request from the other, execute and deliver a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). Without limitation, such estoppel certificate may include a certification as to the status of this Lease, the existence of any defaults and the amount of Rent that is due and payable. Upon full execution of this Lease by the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the Property.

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “"Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination shall be subject to the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”"). The party having the benefit of a Mortgage shall be referred to as a “"Mortgagee”". As an alternativeThis clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this Lease, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon requestIf requested by a successor-in-interest to all or a part of Landlord's interest in the Lease, TenantTenant shall, without charge, shall attorn to any successor to Landlord’s interest in this Leasethe successor-in-interest. Landlord and Tenant shall each, within ten (10) 10 days after receipt of a written request from the other, execute and deliver a commercially reasonable an estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). Without limitation, such The estoppel certificate may shall include a certification statement certifying that this Lease is unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating other matters with respect to the status of this Lease, the existence of any defaults and the amount of Rent Lease that is due and payable. Upon full execution of this Lease by the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the Propertymay reasonably be requested.

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination shall be subject to the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”"MORTGAGE"). The party having the benefit of a Mortgage shall be referred to as a “"MORTGAGEE". This clause shall be self-operative, but upon request from a Mortgagee”, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee provided that such agreement contains commercially reasonable non-disturbance provisions. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, Tenant, without charge, shall attorn to any successor to Landlord’s 's interest in this Lease. Landlord and Tenant shall each, within ten (10) days 10 Business Days after receipt of a written request from the other, execute and deliver a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). Without limitation, such estoppel certificate may include a certification as to the status of this Lease, the existence of any defaults and the amount of Rent that is due and payable. Upon full execution of this Lease Notwithstanding the foregoing, upon written request by the Landlord and the Tenant, the Landlord agrees will use reasonable efforts to request an SNDA in obtain a non-disturbance, subordination and attornment agreement from Landlord's current Mortgagee on such lender’s customary form, from the existing lender holding a mortgage on the Property.Mortgagee's current standard form of agreement. "

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination shall be subject to the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”). The party having the benefit of a Mortgage shall be referred to as a “Mortgagee”. This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, Tenant, without charge, shall attorn to any successor to Landlord’s interest in this LeaseLease so long as such successor party agrees not to disturb Tenant’s rights under the Lease so long as Tenant in not in Default. Landlord and Tenant shall each, within ten (10) 10 days after receipt of a written request from the other, execute and deliver a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). Without limitation, such estoppel certificate may include a certification as to the status of this Lease, the existence of any defaults and the amount of Rent that is due and payable. Upon full execution of this Lease by the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the Property.

Subordination to Mortgages; Estoppel Certificate. Tenant Xxxxxx accepts this Lease subject to and subordinate inferior in priority, authority, and control, to any mortgage(s), deed(s) of trust, ground lease(s) or and other lien(s) now existing or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination shall be subject to the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”). The party having the benefit of a Mortgage shall be referred to as a “Mortgagee”. This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable agreement in favor of the Mortgagee agreeing to the terms of this Article. As an alternative, a Mortgagee shall have the right at any time to subordinate make its Mortgage inferior in priority to this Lease. Upon request, TenantXxxxxx, without charge, shall attorn acknowledge and agree to be the tenant, and be obliged under this Lease, to any successor to LandlordXxxxxxxx’s interest in this Lease. Landlord and Tenant shall eachshall, within ten (10) 10 days after receipt of a written request from the otherLandlord, execute and deliver a commercially reasonable an estoppel certificate certificate, on Landlord’s form, to those parties as are reasonably requested by the other Landlord (including a Mortgagee or prospective purchaser). Without limitation, such Such estoppel certificate may include a certification as to the status of this Lease, the existence of any defaults defaults, and the amount of date to which Rent that is due and payable. Upon full execution of this Lease by the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the Propertyhas been paid.

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination shall be subject to the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”)Agreement. The party having the benefit of a Mortgage shall be referred to as a “Mortgagee”. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, Tenant, without charge, shall attorn to any successor to Landlord’s interest in this Lease provided said successor agrees in writing to assume Landlords obligations under this Lease. Landlord and Tenant shall each, within ten (10) days after receipt of a written request from the other, execute and deliver a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaserpurchaser or assignee or subtenant). Without limitation, such estoppel certificate may include a certification as to the status of this Lease, the existence of any defaults and the amount of Rent that is due and payable. Upon full execution of this Lease by the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the Property.

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the PropertyDevelopment, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”) and to any future Mortgage provided that in the case of a future Mortgage the subordination ), This clause shall be subject to self-operative, but upon request from the proposed lender providing the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”). The party having the benefit holder of a Mortgage shall be referred to as (a “Mortgagee”), Tenant shall execute a commercially reasonable subordination agreement. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, TenantTenant shall, without charge, shall attorn to any successor to Landlord’s interest in this the Lease. Landlord and Tenant shall eachshall, within ten (10) days after receipt of a written request from the otherLandlord, execute and deliver a commercially reasonable estoppel certificate to those parties as are reasonably requested by Landlord. Landlord will use commercially reasonable efforts to deliver to Tenant the other (including form non-disturbance agreement used by the Mortgagee holding a Mortgagee or prospective purchaser). Without limitation, such estoppel certificate may include a certification lien interest in the Development as to of the status date of this Lease, executed by such Mortgagee, which agrees in substance that, so long as Tenant is not in default under the existence of any defaults and the amount of Rent that is due and payable. Upon full execution terms of this Lease by Lease, its tenancy and all of its rights hereunder will not be disturbed throughout the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the PropertyTerm of this Lease.

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building or the Property, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “"Mortgage”) and "); provided, however, that a condition precedent to such subordination as to any future Mortgage provided that in the case of a future Mortgage the subordination Mortgages shall be subject to that Landlord obtains from the proposed lender providing or other party in question a commercially reasonable subordination, non-disturbance and attornment agreement in favor of Tenant. This clause shall be self-operative, but upon request from the Tenant such lender’s standard form Subordination, Non-Disturbance and Attornment Agreement (“SNDA”). The party having the benefit holder of a Mortgage (a "Mortgagee"), Tenant shall be referred to as execute a “Mortgagee”commercially reasonable subordination, non- disturbance and attornment agreement within 10 calendar days after receipt of a written request from Landlord. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. Upon request, TenantTenant shall, without charge, shall attorn to any successor to Landlord’s 's interest in this Lease. Landlord and Tenant shall eachshall, within ten (10) 10 calendar days after receipt of a written request from the otherLandlord, execute and deliver a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). Without limitation, such estoppel certificate may include a certification as to the status of this Lease, the existence of any defaults and the amount of Rent that is due and payable. Upon full execution of this Lease by the Landlord and the Tenant, the Landlord agrees to request an SNDA in such lender’s customary form, from the existing lender holding a mortgage on the PropertyLandlord.