Tenant’s quiet enjoyment. Upon the written request of the Borrower, the Collateral Agent shall deliver a subordination, non-disturbance and attornment agreement, in favor of the lessee under any lease of Real Property Assets, in form and substance reasonably satisfactory to the Collateral Agent and the Borrower, pursuant to which agreement the Collateral Agent shall agree (to the extent required by the applicable lease or sublease) (a) to give the tenant or subtenant thereunder the same notice, if any, given to the Borrower of any default or acceleration of any obligation underlying the applicable Mortgage or any sale in foreclosure under such Mortgage, (b) to permit the tenant or subtenant thereunder to cure any such default on the Borrower's behalf within any applicable cure period, (c) to permit the tenant or subtenant thereunder to appear by its representative and to bid at any sale in foreclosure made with respect to the applicable Mortgage and (d) subject to the terms to be included in the applicable subordination, non-disturbance and attornment agreement, not to disturb the aforesaid tenant's or subtenant's possession so long as it is not in default in performing its obligations under such lease or sublease.
Appears in 2 contracts
Samples: Credit, Security, Guaranty and Pledge Agreement (Genesis Health Ventures Inc /Pa), Credit, Security, Guaranty and Pledge Agreement (Guilford Mills Inc)
Tenant’s quiet enjoyment. Upon the written request of the Borrower, the Collateral Administrative Agent shall deliver a subordination, non-disturbance and attornment agreement, in favor of the lessee under any lease of Real Property Assets, in form and substance reasonably satisfactory to the Collateral Administrative Agent and the Borrower, pursuant to which agreement the Collateral Administrative Agent shall agree (to the extent required by the applicable lease or sublease)
(a) to give the tenant or subtenant thereunder the same notice, if any, given to the Borrower of any default or acceleration of any obligation underlying the applicable Mortgage or any sale in foreclosure under such Mortgage, (b) to permit the tenant or subtenant thereunder to cure any such default on the Borrower's behalf within any applicable cure period, (c) to permit the tenant or subtenant thereunder to appear by its representative and to bid at any sale in foreclosure made with respect to the applicable Mortgage and (d) subject to the terms to be included in the applicable subordination, non-disturbance and attornment agreement, not to disturb the aforesaid tenant's or subtenant's possession so long as it is not in default in performing its obligations under such lease or sublease.
Appears in 2 contracts
Samples: Credit Agreement (Genesis Healthcare Corp), Credit, Security, Guaranty and Pledge Agreement (Genesis Healthcare Corp)
Tenant’s quiet enjoyment. Upon the written request of the Borrower, the Collateral Administrative Agent shall deliver a subordination, non-disturbance and attornment agreement, in favor of the lessee under any lease of Real Property AssetsMortgaged Properties, in form and substance reasonably satisfactory to the Collateral Administrative Agent and the Borrower, pursuant to which agreement the Collateral Administrative Agent shall agree (to the extent required by the applicable lease or sublease)
) (a) to give the tenant or subtenant thereunder the same notice, if any, given to the Borrower of any default or acceleration of any obligation underlying the applicable Mortgage or any sale in foreclosure under such Mortgage, (b) to permit the tenant or subtenant thereunder to cure any such default on the Borrower's ’s behalf within any applicable cure period, (c) to permit the tenant or subtenant thereunder to appear by its representative and to bid at any sale in foreclosure made with respect to the applicable Mortgage and (d) subject to the terms to be included in the applicable subordination, non-disturbance and attornment agreement, not to disturb the aforesaid tenant's ’s or subtenant's ’s possession so long as it is not in default in performing its obligations under such lease or sublease.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Ventas Inc)
Tenant’s quiet enjoyment. Upon the written request of the Borrower, the Collateral Administrative Agent shall deliver a subordination, non-disturbance and attornment agreement, in favor of the lessee under any lease of Real Property AssetsMortgaged Properties, in form and substance reasonably satisfactory to the Collateral Administrative Agent and the Borrower, pursuant to which agreement the Collateral Administrative Agent shall agree (to the extent required by the applicable lease or sublease)
(a) to give the tenant or subtenant thereunder the same notice, if any, given to the Borrower of any default or acceleration of any obligation underlying the applicable Mortgage or any sale in foreclosure under such 106 Mortgage, (b) to permit the tenant or subtenant thereunder to cure any such default on the Borrower's behalf within any applicable cure period, (c) to permit the tenant or subtenant thereunder to appear by its representative and to bid at any sale in foreclosure made with respect to the applicable Mortgage and (d) subject to the terms to be included in the applicable subordination, non-disturbance and attornment agreement, not to disturb the aforesaid tenant's or subtenant's possession so long as it is not in default in performing its obligations under such lease or sublease.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Ventas Inc)
Tenant’s quiet enjoyment. Upon the written request of the Borrower, the Collateral Administrative Agent shall deliver a subordination, non-disturbance and attornment agreement, in favor of the lessee under any lease of Real Property Assets, in form and substance reasonably satisfactory to the Collateral Administrative Agent and the Borrower, pursuant to which agreement the Collateral Administrative Agent shall agree (to the extent required by the applicable lease or sublease)
(a) to give the tenant or subtenant thereunder the same notice, if any, given to the Borrower of any default or acceleration of any obligation underlying the applicable Mortgage or any sale in foreclosure under such Mortgage, (b) to permit the tenant or subtenant thereunder to cure any such default on the Borrower's behalf within any applicable cure period, (c) to permit the tenant or subtenant thereunder to appear by its representative and to bid at any sale in foreclosure made with respect to the applicable Mortgage and (d) subject to the terms to be included in the applicable subordination, non-disturbance and attornment agreement, not to disturb the aforesaid tenant's or subtenant's possession so long as it is not in default in performing its obligations under such lease or sublease.
Appears in 1 contract
Samples: Credit Agreement (Ventas Inc)