Common use of SUBORDINATION TO MORTGAGES Clause in Contracts

SUBORDINATION TO MORTGAGES. Sublessee agrees that upon the request of Sublessor it will subordinate this Sublease and the lien hereof to the lien of any present or future mortgage or mortgages upon the Subleased Premises, any property of which the Subleased Premises are a part, or upon any ground lease of such property or upon any part thereof, irrespective of the time of execution or time of recording of any sub mortgage or mortgages. Sublessee agrees that it will, upon the request of Sublessor, execute, acknowledge and deliver any and all instruments deemed by Sublessor necessary or desirable to give effect or notice of such subordination. Sublessee also agrees that if it shall fail at any time to execute, acknowledge, or deliver any instrument requested by Sublessor under this Article, Sublessor may, only after seven (7) days notice to the Sublessee, in addition to any other remedies available to it, execute, acknowledge, and deliver such instrument as the attorney in fact of Sublessee and in Sublessee’s name, and Sublessee hereby makes, constitutes, and irrevocably appoints Sublessor as its attorney in fact for that purpose. The word “mortgage” as used herein includes mortgages, deeds of trust, or other similar instruments and modifications, consolidations, extensions, renewals, replacements and substitutes thereof. At the request of the holder of any mortgage upon the Subleased Premises or any property of which the Subleased Premises is a part may subordinate the lien of such mortgage to this Sublease, thereby making this Sublease superior to such mortgage, by recording in the Rockingham County Registry of Deeds, a Notice of Subordination or other document of like effect, executed unilaterally by such mortgage. Whether the lien of any mortgage are a part shall be superior or subordinate to this Sublease and the lien hereof, Sublessee agrees that, if requested by Sublessor or the holder of such mortgage, it will attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage.

SUBORDINATION TO MORTGAGES. Sublessee agrees It is agreed that upon the request rights and interest of Sublessor it will Tenant under this lease shall be: (i) subject and subordinate this Sublease and the lien hereof to the lien of any present or future first mortgage or mortgages and to any and all advances to be made thereunder, and to the interest thereon, upon the Subleased Premises, demised premises or any property of which the Subleased Premises demised premises are a part, or upon any ground lease if the holder of such property mortgage shall elect, by notice to Tenant, to subject and subordinate the rights and interest of Tenant under this lease to the lien of its mortgage; or (ii) prior to the lien of any present or :future first mortgage, if the holder of such mortgage shall elect, by notice to Tenant, to give the rights and interest of Tenant under this lease priority to the lien of its mortgage. It is understood and agreed that the holder of such mortgage may also elect, by notice to Tenant, to make some provisions hereof subject and subordinate to the lien of its mortgage while granting other provisions hereof priority to the lien of its mortgage. Jn the event of any of such elections, and upon any part thereofnotification by the bolder of such mortgage 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, irrespective of the time of execution or time of recording of any sub mortgage or mortgagessuch mortgage. Sublessee Tenant agrees that it will, upon the request of SublessorLandlord, execute, acknowledge and deliver any and all instruments deemed by Sublessor Landlord necessary or desirable to evidence or to give effect or notice of such subordination. Sublessee also agrees that if it shall fail at any time to execute, acknowledge, subordination or deliver any instrument requested by Sublessor under this Article, Sublessor may, only after seven (7) days notice to the Sublessee, in addition to any other remedies available to it, execute, acknowledge, and deliver such instrument as the attorney in fact of Sublessee and in Sublessee’s name, and Sublessee hereby makes, constitutes, and irrevocably appoints Sublessor as its attorney in fact for that purposepriority. The word “"mortgage” " as used herein includes mortgages, deeds of trust, trust or other similar instruments ins1ruments and modifications, consolidations, extensions, renewals, replacements and substitutes thereof. At Whether the request of the holder lien of any mortgage upon the Subleased Premises demised premises or any property of which the Subleased Premises is a part may subordinate the lien of such mortgage to this Sublease, thereby making this Sublease superior to such mortgage, by recording in the Rockingham County Registry of Deeds, a Notice of Subordination or other document of like effect, executed unilaterally by such mortgage. Whether the lien of any mortgage demised premises are a part apart shall be superior or subordinate to this Sublease lease and the lien hereofhereat; Tenant agrees that it will, Sublessee agrees thatupon request, if requested by Sublessor or the holder of such mortgage, it will attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage.. Tenant further agrees that it shall not subordinate its interest in this lease to the lien of any junior mortgage, security agreement or 004423441.DOC/3 18

SUBORDINATION TO MORTGAGES. Provided that Sublessor delivers a commercially reasonable Non-Disturbance Agreement, Sublessee agrees that upon the request of Sublessor it will subordinate this Sublease and the lien hereof to the lien of any present or future mortgage or mortgages upon the Subleased Premises, any property of which the Subleased Premises are a part, or upon any ground lease of such property or upon any part thereof, irrespective of the time of execution or time of recording of any sub mortgage or mortgages. Sublessee agrees that it will, upon the request of Sublessor, execute, acknowledge and deliver any and all instruments deemed by Sublessor necessary or desirable to give effect or notice of such subordination. Sublessee also agrees that if it shall fail at any time to execute, acknowledge, or deliver any instrument requested by Sublessor under this Article, Sublessor may, only after seven (7) days notice to the Sublessee, in addition to any other remedies available to it, execute, acknowledge, and deliver such instrument as the attorney in fact of Sublessee and in Sublessee’s name, and Sublessee hereby makes, constitutes, and irrevocably appoints Sublessor as its attorney in fact for that purpose. The word “"mortgage” " as used herein includes mortgages, deeds of trust, or other similar instruments and modifications, consolidations, extensions, renewals, replacements and substitutes thereof. At the request of the holder of any mortgage upon the Subleased Premises or any property of which the Subleased Premises is a part may subordinate the lien of such mortgage to this Sublease, thereby making this Sublease superior to such mortgage, by recording in the Rockingham County Registry of Deeds, a Notice of Subordination or other document of like effect, executed unilaterally by such mortgage. Whether the lien of any mortgage are a part shall be superior or subordinate to this Sublease and the lien hereof, Sublessee agrees thatthat , if requested by Sublessor or the holder of such mortgage, it will attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage.. 37 <PAGE> ARTICLE 20

SUBORDINATION TO MORTGAGES. Sublessee agrees It is agreed that upon the request rights and interest of Sublessor it will Tenant under this lease shall be: (i) subject and subordinate this Sublease and the lien hereof to the lien of any present or future first mortgage or mortgages and to any and all advances to be made thereunder, and to the interest thereon, upon the Subleased Premises, demised premises or any property of which the Subleased Premises demised premises are a part, or upon any ground lease if the holder of such property mortgage shall elect, by notice to Tenant, to subject and subordinate the rights and interest of Tenant under this lease to the lien of its mortgage; or (ii) prior to the lien of any present or future first mortgage, if the holder of such mortgage shall elect, by notice to Tenant, to give the rights and interest of Tenant under this lease priority to the lien of its mortgage. It is understood and agreed that the holder of such mortgage may also elect, by notice to Tenant, to make some provisions hereof subject and subordinate to the lien of its mortgage while granting other provisions hereof priority to the lien of its mortgage. In the event of any of such elections, and upon any part thereofnotification by the holder of such mortgage 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, irrespective of the time of execution or time of recording of any sub mortgage or mortgagessuch mortgage. Sublessee Tenant agrees that it will, upon the request of SublessorLandlord, execute, acknowledge and deliver any and all instruments deemed by Sublessor Landlord necessary or desirable to evidence or to give effect or notice of such subordination. Sublessee also agrees that if it shall fail at any time to execute, acknowledge, subordination or deliver any instrument requested by Sublessor under this Article, Sublessor may, only after seven (7) days notice to the Sublessee, in addition to any other remedies available to it, execute, acknowledge, and deliver such instrument as the attorney in fact of Sublessee and in Sublessee’s name, and Sublessee hereby makes, constitutes, and irrevocably appoints Sublessor as its attorney in fact for that purposepriority. The word “"mortgage” " as used herein includes mortgages, deeds of trust, trust or other similar instruments and modifications, consolidations, extensions, renewals, replacements and substitutes thereof. At Whether the request of the holder lien of any mortgage upon the Subleased Premises demised premises or any property of which the Subleased Premises is a part may subordinate the lien of such mortgage to this Sublease, thereby making this Sublease superior to such mortgage, by recording in the Rockingham County Registry of Deeds, a Notice of Subordination or other document of like effect, executed unilaterally by such mortgage. Whether the lien of any mortgage demised premises are a part shall be superior or subordinate to this Sublease lease and the lien hereof, Sublessee Tenant agrees thatthat it will, if requested by Sublessor or the holder of such mortgageupon request, it will attorn to the holder of such mortgage or anyone claiming under such holder and their respective successors and assigns in the event of foreclosure of or similar action taken under such mortgage. Tenant further agrees that it shall not subordinate its interest in this lease to the lien of any junior mortgage, security agreement or lease affecting the demised premises, unless the holder of the first mortgage upon the demised premises or property which includes the demised premises shall consent thereto. Notwithstanding anything to the contrary contained in this Article 9, Tenant shall not be required to subordinate this lease and the lien hereof to the lien of any mortgage unless the holder of such mortgage shall enter into an agreement with Tenant, recordable in form, to the effect that in the event of foreclosure of, or similar action taken under, such mortgage, Tenant's possession of the demised premises shall not be terminated or disturbed by such mortgage holder or anyone claiming under such mortgage holder so long as Tenant shall not be in default under this lease. Landlord agrees that it shall use its best efforts to obtain such an agreement from the present mortgagee of the Building. Best efforts shall not require Landlord to expend any money.