Common use of TENANT SUBORDINATION Clause in Contracts

TENANT SUBORDINATION. 21.1.1 This Lease is expressly subject and subordinate at all times to the lien of any mortgage or deed of trust deed encumbering the Medical Building and the Property and to all advances made or to be made upon the security thereof. At the request, from time to time, by one or more holders of a mortgage or deed of trust that may hereafter be placed upon the Property or any part thereof by Landlord, and any and all renewals, replacements, modifications, consolidations and extensions thereof, Tenant shall subordinate this Lease and all of Tenant's rights and estate hereunder to each such mortgage or deed of trust and agree with each such institutional holder that Tenant will attorn to and recognize such holder or the purchaser at any foreclosure sale or any sale under a power of sale contained in any such mortgage or deed of trust, as the case may be, as Landlord under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease and will execute such subordination agreement, estoppel agreements or other agreements as may be reasonably required by any said mortgagee, trustee or lessor. The Landlord shall deliver to Tenant a non-disturbance and attornment agreement (such agreement having theretofore been executed by Tenant) from the holder of the mortgage or trust deed encumbering all or any part of the Medical Building or the Property is situated existing as of the date hereof, and if Tenant is requested to subordinate its interest under this Lease to any future mortgagee or trustee, the Landlord shall deliver a non-disturbance and attornment agreement from the holder of the mortgage or trust deed desiring such subordination. The non-disturbance and attornment agreements referred to above shall provide that Tenant's possession hereunder shall not be disturbed in the event of a foreclosure, so long as Tenant is not in default hereunder.

Appears in 3 contracts

Samples: Lease Agreement (Windrose Medical Properties Trust), Lease Agreement (Windrose Medical Properties Trust), Lease Agreement (Windrose Medical Properties Trust)

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TENANT SUBORDINATION. 21.1.1 This Lease is expressly Lease, and the rights of Tenant under this Lease, are subject and subordinate at in all times to the lien of any mortgage or deed of trust deed encumbering the Medical Building and the Property and respects to all advances made or to be made upon present mortgages on the security thereof. At the requestCommercial Property including all increases, from time to time, by one or more holders of a mortgage or deed of trust that may hereafter be placed upon the Property or any part thereof by Landlord, and any and all renewals, replacements, modifications, consolidations extensions, supplements, consolidations, and extensions thereofreplacements thereof (“Mortgages” or “Mortgage”), Tenant shall subordinate this Lease and all advances under any Mortgage. This Section is self-operative, and no further instrument of Tenant's rights subordination is required. Provided, however, Xxxxxxxx agrees to request and estate hereunder thereafter to each such use commercially reasonable efforts to obtain prior to the Commencement Date from Landlord’s mortgage or deed of trust and agree with each such institutional holder that Tenant will attorn to and recognize such holder or the purchaser at any foreclosure sale or any sale under lender a power of sale contained in any such mortgage or deed of trustsubordination, as the case may be, as Landlord under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease and will execute such subordination agreement, estoppel agreements or other agreements as may be reasonably required by any said mortgagee, trustee or lessor. The Landlord shall deliver to Tenant a non-disturbance and attornment agreement (in form reasonably satisfactory to Tenant and such agreement having theretofore been executed by Tenant) from the holder of the mortgage or trust deed encumbering all or any part of the Medical Building or the Property is situated existing as of the date hereoflender, and if Tenant is requested to subordinate its interest under this Lease to any future mortgagee or trusteewhich provides, the Landlord shall deliver a non-disturbance and attornment agreement from the holder of the mortgage or trust deed desiring such subordination. The non-disturbance and attornment agreements referred to above shall provide inter alia, that Tenant's possession hereunder shall not be disturbed in the event of a foreclosure, so long as Tenant is not in material default hereunderof its obligations under this Lease, the holder of such loan will not disturb the right of Tenant to occupy and quiet enjoyment of the Premises under the terms of this Lease. Tenant acknowledges and agrees that in no event shall Landlord be required to institute any action or proceeding to obtain any such agreement from Landlord’s lender and that this Lease is not contingent upon Landlord’s delivery of the same to Tenant. Further, Tenant shall not be required to subordinate this Lease to any future mortgage lender or mortgage loan unless such lender agrees to execute and deliver to Tenant a subordination, non-disturbance and attornment agreement in form reasonably satisfactory to Tenant and such lender. Tenant shall, within ten (10) calendar days following receipt of Landlord's request, sign, acknowledge, and deliver a subordination, non-disturbance and attornment agreement that Landlord, or a mortgagee under a Mortgage (“Mortgagee”) may request to evidence such subordination, non-disturbance and attornment.

Appears in 1 contract

Samples: Commercial Lease

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