Common use of Tenant to Attorn to Lender Clause in Contracts

Tenant to Attorn to Lender. If the interests of Landlord shall be transferred to and owned by Lender by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same force and effect as if Lender were the landlord under the Lease; and Tenant shall attorn to Lender, as its landlord, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord in the Real property without the execution of any further instruments on the part of any of the parties hereto. Except in the event of default by Landlord under the Mortgage and notice thereof from Lender, and without affecting Lender's security interest in rent due under the Lease, Tenant shall be under no obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the Lease. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth in length herein.

Tenant to Attorn to Lender. If a Succeeding Owner shall become the interests owner of Landlord shall be transferred to and owned by Lender the Premises by reason of foreclosure foreclosure, whether judicial or non-judicial or other proceedings brought to enforce the Deed of Trust or by it deed in lieu of or pursuant to a foreclosure, the Lease shall, subject to the provisions set forth in clauses (a) through (e) below, continue in full force and effect, such Succeeding Owner shall perform (but shall not personally assume) the obligations of the original Landlord thereunder, and Tenant hereby agrees to attorn to the Succeeding Owner as Tenant’s lessor, provided, however, that in any and all events, the Succeeding Owner shall not be: (a) Liable for any act or omission of any prior lessor (including Landlord) or subject to any offsets or defenses which Tenant might have against any such prior lessor; (b) Liable or obligated to expand the Property, pay tenant improvement allowances, construct additional improvements or otherwise expend funds which are capital in nature, other than expenses for ordinary maintenance and repair; (c) Liable to reconstruct the Premises or the Property to the extent insurance proceeds are not available therefor; (d) Liable for any obligation to indemnify or reimburse Tenant, any leasehold mortgagee, or any other third party or any of their respective successors and assigns from and against any loss, liability, damage or cost relating to or arising from the presence of any toxic or hazardous materials on, under or about the Property; or (e) Liable or bound by any other mannerpurchase options, and Lender succeeds rights of first refusal, rights of first offer, or similar purchase rights with respect to the interest all or any portion of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same force and effect as if Lender were the landlord under the Lease; and Tenant shall attorn to Lender, as its landlord, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord Property set forth in the Real property without the execution of any further instruments on the part of any of the parties hereto. Except in the event of default by Landlord under the Mortgage and notice thereof from Lender, and without affecting Lender's security interest in rent due under the Lease, Tenant shall be under no obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the Lease. The respective rights and obligations agreements to attorn contained in this Paragraph are intended to be self-effectuating in favor of any Succeeding Owner. Nevertheless, upon written request Tenant and Lender upon shall provide such attornment, to the extent written evidence as may be reasonably required by any Succeeding Owner of the then remaining balance continuing effectiveness of the term of Tenant’s obligations under this Agreement and the Lease and any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention of the parties hereto for modified by this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth in length hereinAgreement.

Tenant to Attorn to Lender. If a Succeeding Owner shall become the interests owner of Landlord shall be transferred to and owned by Lender the Property by reason of foreclosure foreclosure, whether judicial or non-judicial or other proceedings brought to enforce the Deed of Trust or by it deed in lieu of or pursuant to a foreclosure, or by any other manner, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same shall continue in full force and effect and, subject to the provisions set forth in clauses (a) through (e) below, such Succeeding Owner shall be subject to the obligations of the original Landlord thereunder arising or accruing during the Succeeding Owner’s ownership of the Property, and Tenant hereby agrees to attorn to the Succeeding Owner as if Lender were Tenant’s lessor; provided that the landlord under Succeeding Owner recognizes the Lease and accepts the Property subject to Tenant’s rights pursuant to the Lease; and Tenant provided further however, that in any and all events, the Lender shall attorn to Lender, as its landlord, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord in the Real property without the execution not be: (a) Liable for any act or omission of any further instruments on the part of prior lessor (including Landlord) or subject to any of the parties hereto. Except in the event of default by Landlord under the Mortgage offsets or defenses which Tenant might have against any such prior lessor; provided that if such act or omission constitutes a continuing breach and notice thereof from Lender, and without affecting Lender's security interest in rent due under the Lease, Tenant shall be under no obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the Lease. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent such breach is susceptible to cure by Lender, then Lender shall cure such breach within thirty (30) days following Lender becoming the owner of the then remaining balance Property (or if such breach is not susceptible of cure within such thirty (30) day period, such longer period as may be reasonably necessary, provided Lender is diligently pursuing such cure); (b) Liable or obligated to expand the Property, pay tenant improvement allowances, construct additional improvements or otherwise expend funds which are capital in nature, other than as expressly provided in the Lease; (c) Liable to pay for any reconstruction costs for any restoration of the term Property after a casualty (for which Tenant is responsible under the terms of the Lease), provided that the proceeds of insurance coverage are distributed to Tenant as provided in the Lease; (d) Liable for any obligation to indemnify or reimburse Tenant, any leasehold mortgagee, or any other third party or any of their respective successors and assigns from and against any loss, liability, damage or cost relating to or arising from the presence of any toxic or hazardous materials on, under or about the Property attributable to any representation or warranty contained in the Lease or any act or omission of any prior owner of the Property (including Landlord); or (e) Liable or bound by any right of first refusal or option to purchase all or any portion of the Property. The agreements to attorn contained in this Paragraph are intended to be self-effectuating in favor of Lender. Nevertheless, following any foreclosure or deed in lieu of foreclosure and following delivery of written evidence of the Succeeding Owner’s recognition of the Lease and any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention acceptance of the parties hereto for Property subject to Tenant’s rights pursuant to the Lease, within twenty (20) days after written request from the Succeeding Owner, Tenant shall provide such written evidence as may be reasonably required of the continuing effectiveness of Tenant’s obligations under this purpose to incorporate Agreement and the Lease in as modified by this Agreement by reference with Agreement. Landlord shall remain liable to Tenant for any obligations of claims which arise from Landlord’s breach of the same force and effect as if set forth in length hereinLease or from other acts or omissions of Landlord which occur prior to Lender or any other Succeeding Owner acquiring title to the Property including acts or omissions which constitute a continuing breach.

Tenant to Attorn to Lender. If the interests of Landlord Premises shall be transferred to and owned by Lender sold by reason of foreclosure (whether judicial or non judicial) or other proceedings brought to enforce the Deed of Trust, or the Premises shall be transferred by it deed in lieu of or pursuant to a foreclosure, or by any other mannerthe Lease shall continue in full force and effect as a direct lease between the then owner of the Premises, who shall succeed to the rights and duties of the Landlord, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same force and effect as if Lender were the landlord under the Lease; and thereof. Tenant shall attorn to Lender, Lender or any other such owner as its landlordLandlord, said attornment to be effective and self-self operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord in the Real property without the execution of further instruments; provided, however, that Lender or any further instruments on such other owner shall not be (a) personally liable for any act or omission of Landlord or any prior landlord which cannot be cured; (b) subject to any offsets or defenses which Tenant might have against Landlord or any prior landlord except to the part extent of Tenant’s right to offsets set forth in the Lease; (c) required or obligated to credit Tenant with any rent or additional rent for any rental period beyond the then current month which Tenant might have paid Landlord or any prior landlord, excluding any reconciliations as provided for in the Lease; or (d) liable for the return of any security deposit unless and only to the extent such security deposit shall have been actually received by Lender. Tenant hereby agrees that upon the occurrence of any default under the parties hereto. Except Loan or the documents evidencing or securing the same, and in the event of default a demand on Tenant by Landlord under the Mortgage and notice thereof from Lender, or its successors and without affecting Lender's security interest in assigns, for the payment to Lender or its successors and assigns of the rent due under the Lease, Tenant will pay said rent to Lender and Landlord hereby consents to said payment and releases Tenant from any and all liability, damages, or claims in connection with any such payment or payments. Landlord agrees that receipt by Tenant of any such demand shall be conclusive evidence of the right of Lender to the receipt of said rental payments. Tenant shall be under no obligation to pay rent to Lender or any such other owner until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the Lease. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent of the then remaining balance of the term of the Lease and or any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth in length hereinother owner.

Tenant to Attorn to Lender. If a Succeeding Owner shall become the interests owner of Landlord shall be transferred to and owned by Lender the Property by reason of foreclosure foreclosure, whether judicial or non-judicial or other proceedings brought to enforce the Deed of Trust or by it deed in lieu of or pursuant to a foreclosure, or by any other manner, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same shall continue in full force and effect and, subject to the provisions set forth in clauses (a) through (e) below, such Succeeding Owner shall be subject to the obligations of the original Landlord thereunder arising or accruing during the Succeeding Owner’s ownership of the Property, and Xxxxxx hereby agrees to attorn to the Succeeding Owner as if Lender were Xxxxxx’s lessor; provided that the landlord under Succeeding Owner recognizes the Lease and accepts the Property subject to Xxxxxx’s rights pursuant to the Lease; and Tenant provided further however, that in any and all events, the Lender shall attorn to Lender, as its landlord, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord in the Real property without the execution not be: (a) Liable for any act or omission of any further instruments on the part of prior lessor (including Landlord) or subject to any of the parties hereto. Except in the event of default by Landlord under the Mortgage offsets or defenses which Tenant might have against any such prior lessor; provided that if such act or omission constitutes a continuing breach and notice thereof from Lender, and without affecting Lender's security interest in rent due under the Lease, Tenant shall be under no obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the Lease. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent such breach is susceptible to cure by Lender, then Lender shall cure such breach within thirty (30) days following Lender becoming the owner of the then remaining balance Property (or if such breach is not susceptible of cure within such thirty (30) day period, such longer period as may be reasonably necessary, provided Lender is diligently pursuing such cure); (b) Liable or obligated to expand the Property, pay tenant improvement allowances, construct additional improvements or otherwise expend funds which are capital in nature, other than as expressly provided in the Lease; (c) Liable to pay for any reconstruction costs for any restoration of the term Property after a casualty (for which Xxxxxx is responsible under the terms of the Lease), provided that the proceeds of insurance coverage are distributed to Tenant as provided in the Lease; (d) Liable for any obligation to indemnify or reimburse Tenant, any leasehold mortgagee, or any other third party or any of their respective successors and assigns from and against any loss, liability, damage or cost relating to or arising from the presence of any toxic or hazardous materials on, under or about the Property attributable to any representation or warranty contained in the Lease or any act or omission of any prior owner of the Property (including Landlord); or (e) Liable or bound by any right of first refusal or option to purchase all or any portion of the Property. The agreements to attorn contained in this Paragraph are intended to be self-effectuating in favor of Xxxxxx. Nevertheless, following any foreclosure or deed in lieu of foreclosure and following delivery of written evidence of the Succeeding Owner’s recognition of the Lease and any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention acceptance of the parties hereto for Property subject to Tenant’s rights pursuant to the Lease, within twenty (20) days after written request from the Succeeding Owner, Tenant shall provide such written evidence as may be reasonably required of the continuing effectiveness of Tenant’s obligations under this purpose to incorporate Agreement and the Lease in as modified by this Agreement by reference with Agreement. Landlord shall remain liable to Tenant for any obligations of claims which arise from Landlord’s breach of the same force and effect as if set forth in length hereinLease or from other acts or omissions of Landlord which occur prior to Lender or any other Succeeding Owner acquiring title to the Property including acts or omissions which constitute a continuing breach.

Tenant to Attorn to Lender. If the interests of Landlord Borrower shall be transferred to and owned by Lender by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Lender succeeds to the interest of the Landlord Borrower under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Lender were the landlord under the Lease; , and Tenant shall does hereby attorn to Lender, Lender as its landlord, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded succeeding to the interest of Landlord in the Real property Borrower under the Lease without the execution of any further instruments on the part of any of the parties hereto. Except in the event of default by Landlord under the Mortgage and notice thereof from Lender; provided, and without affecting Lender's security interest in rent due under the Leasehowever, that Tenant shall be under no obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord the Borrower under the Lease. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extensions and renewals, shall be and are the same as now set forth therein, ; it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth in at length herein.

Tenant to Attorn to Lender. If Lender becomes the interests owner of Landlord shall be transferred to and owned by Lender the Property by reason of foreclosure or other proceedings brought to enforce the Deed of Trust / Mortgage or by it deed in lieu of or pursuant to a foreclosure, or by any other manner, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same shall continue in full force and effect as if Lender were the landlord original Landlord and Tenant hereby attorns to Lender as Tenant’s lessor, except Lender shall not be: (a) Liable for any act or omission of any prior lessor (including Landlord); provided that, upon becoming owner of the Property, Lender shall perform any maintenance, repair or restoration work to the Leased Premises or the Property required of (but unperformed by) any prior lessor under the Lease; and in no event, however, shall Lender have any liability under this subparagraph (a) except for failure to perform such obligations after Lender becomes the owner of the Property; or (b) Subject to any offset or defense which Tenant shall attorn to Lendermight have against any such prior lessor; or (c) Bound by any prepayment of rent by Tenant, except as its landlordrequired by the terms of the Lease; or (d) Bound by any amendment, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord in the Real property without the execution modification or waiver of any further instruments on the part material term of any of the parties hereto. Except in the event of default by Landlord under the Mortgage and notice thereof from Lender, and without affecting Lender's security interest in rent due under the Lease, Tenant shall be under no unless made with the prior written consent of Lender; or (e) Liable for any obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the LeaseLease with respect to any property other than the Property given as security for the Loan, and Tenant will look solely to Landlord for performance and observance of any and all such obligations. The respective rights If Lender becomes the owner of the Property and thereafter sells or otherwise transfers its interest in the Property, Lender shall have no liability with respect to obligations of Tenant and Lender upon such attornment, to the extent lessor under the Lease which arise following the sale or other transfer of the then remaining balance of the term of the Lease and any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement Property by reference with the same force and effect as if set forth in length hereinLender.

Tenant to Attorn to Lender. If the interests of Landlord Premises shall be transferred to and owned by Lender sold by reason of foreclosure (whether judicial or non judicial) or other proceedings brought to enforce the Deed of Trust, or the Premises shall be transferred by it deed in lieu of or pursuant to a foreclosure, or by any other mannerthe Lease shall continue in full force and effect as a direct lease between the then owner of the Premises, who shall succeed to the rights and duties of the Landlord, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be with the same force and effect as if Lender were the landlord under the Lease; and thereof. Tenant shall attorn to Lender, Lender or any other such owner as its landlordLandlord, said attornment to be effective and self-self operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded to the interest of Landlord in the Real property without the execution of further instruments; provided, however, that Lender or any further instruments on such other owner shall not be (a) personally liable for any act or omission of Landlord or any prior landlord which cannot be cured; (b) subject to any offsets or defenses which Tenant might have against Landlord or any prior landlord except to the part extent of Tenant's right to offsets set forth in the Lease; (c) required or obligated to credit Tenant with any rent or additional rent for any rental period beyond the then current month which Tenant might have paid Landlord or any prior landlord, excluding any reconciliations as provided for in the Lease; or (d) liable for the return of any security deposit unless and only to the extent such security deposit shall have been actually received by Lender. Tenant hereby agrees that upon the occurrence of any default under the parties hereto. Except Loan or the documents evidencing or securing the same, and in the event of default a demand on Tenant by Landlord under the Mortgage and notice thereof from Lender, or its successors and without affecting Lender's security interest in assigns, for the payment to Lender or its successors and assigns of the rent due under the Lease, Tenant will pay said rent to Lender and Landlord hereby consents to said payment and releases Tenant from any and all liability, damages, or claims in connection with any such payment or payments. Landlord agrees that receipt by Tenant of any such demand shall be conclusive evidence of the right of Lender to the receipt of said rental payments. Tenant shall be under no obligation to pay rent to Lender or any such other owner until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the Lease. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent of the then remaining balance of the term of the Lease and or any such extensions and renewals, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth in length hereinother owner.

Tenant to Attorn to Lender. If the interests of Landlord shall be transferred to and owned by Lender by reason of foreclosure or other proceedings brought by it in lieu of or pursuant to a foreclosure, or by any other manner, and Lender succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Lender under all of the terms, covenants covenants, and conditions of the Lease for the balance of the term thereof remaining and any extensions or renewals thereof which may be effected in accordance with any option therefor in the Lease, with the same force and effect as if Lender were the landlord under the Lease; and Tenant shall does hereby agree to attorn to Lender, as its landlord, said attornment to be effective and self-operative immediately upon Lender sending written notice to Tenant advising that Lender has succeeded succeeding to the interest of Landlord in under the Real property Lease without the execution of any further instruments on the part of any of the parties hereto. Except in the event as required under any Deed of default by Landlord under the Mortgage and notice thereof from Lender, and without affecting Lender's security interest in rent due under the LeaseTrust or assignment of leases or cash collateral, Tenant shall be under no obligation to pay rent to Lender until Tenant receives written notice from Lender that it has succeeded to the interest of Landlord under the LeaseLease or upon Lender’s written notice to Tenant that Landlord is in default of the Loan. Upon the receipt by Tenant of such written notice, Tenant shall pay all amounts coming due thereafter under the Lease to Lender. The respective rights and obligations of Tenant and Lender upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extensions and renewalsrenewals thereof, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference with the same force and effect as if set forth in at length herein.