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.

Appears in 3 contracts

Samples: Lease (Harborside Healthcare Corp), Lease (Harborside Healthcare Corp), Lease (Harborside Healthcare Corp)

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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.

Appears in 2 contracts

Samples: Office Building Lease (Quest Software Inc), Lease (Ddi Corp)

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.

Appears in 1 contract

Samples: Sublease (Marchex Inc)

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.

Appears in 1 contract

Samples: Work Letter Agreement (Emulex Corp /De/)

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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.

Appears in 1 contract

Samples: Office Lease Agreement

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