Waiver of Priority. (a) At Tenant’s request, Landlord shall use commercially reasonable efforts to cause its lender to execute and deliver to Tenant a subordination, non-disturbance, and attornment agreement in a commercially reasonable form that is reasonably acceptable to Tenant within thirty (30) days after Tenant’s request therefor. Landlord reserves the right to demand from Tenant and Tenant agrees to execute and deliver to Landlord a written subordination of this Lease in favor of any mortgage loan, mortgage lien, or any refinancing or replacing of a mortgage loan that may become necessary or desirable to Landlord from time to time. Upon demand by Landlord for same, Tenant shall execute at any and all times such commercially reasonable instruments as may be requested by any such lending institution or prospective mortgagee in order to effectuate such subordination of Tenant’s lien. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust, Tenant shall attorn to the purchaser in any such foreclosure or sale and recognize such purchaser as landlord under this Lease. If Tenant shall fail to deliver any such subordination agreement or any estoppel certificate required under Section 21.6, with fifteen (15) days after Landlord’s request therefor, Tenant shall pay to Landlord, as additional rent, $100 per day for each day that Tenant is late in delivering such subordination agreement or estoppel certificate.
(b) It is a condition, however, to Tenant’s agreement to subordinate this Lease that Landlord shall procure from such lending institution (including Landlord’s existing mortgagee) or prospective mortgagee an agreement in writing providing in substance that so long as Tenant shall faithfully discharge its obligations under the this Lease, this Lease and Tenant’s rights hereunder shall not be adversely affected nor its tenancy disturbed as the result of any default under such mortgage.
Waiver of Priority. The Lender reserve the right to waive the priority of this Security Instrument as to any Lease otherwise subordinate to this Security Instrument by recording a declaration of subordination in the public records at any time prior to a sale on foreclosure of this Security Instrument.
Waiver of Priority. The persons who become a Lender after the date of this Agreement expressly waive any priority of ranking they may have in connection with the Loan Documents pursuant to the Belgian Act of 3 August 2012 on various measures to facilitate the mobilisation of receivables in the financial sector (Wet van 3 augustus 2012 betreffende diverse maatregelen ter vergemakkelijking van de mobilisering van schuldvorderingen in de financiële sector/ Loi du 3 août 2012 relative à des mesures diverses pour faciliter la mobilisation de créances dans le secteur financier).
Waiver of Priority. Notwithstanding anything to the contrary in the Registration Rights Agreement, including without limitation, Section 2(a) (Demand Registration) and Section 2(e) (Priority on Underwritten Demand Registrations), Xx Xxxxxx hereby agrees that with respect any underwritten Demand Registration (as such term is defined under the Registration Rights Agreement) under the Registration Rights Agreement, to the extent Canon exercises Piggyback Registration rights under the Investor Rights Agreement (as defined in the Share Subscription Agreement) and there is an underwriter cutback, Canon and Xx Xxxxxx shall rank pro rata (in accordance with their respective ownership percentages in the Company) with respect to securities to be included in such registration.
Waiver of Priority. The Participant hereby expressly waives any priority he/she may have under any state or federal law with respect to any claims he/she may have against the Company under the Plan beyond the rights he/she would have as a general creditor of the Company.
Waiver of Priority. 132 EXHIBITS EXHIBIT A ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBIT B [RESERVED] EXHIBIT C NOTE EXHIBIT D TAX CERTIFICATE EXHIBIT E [RESERVED] EXHIBIT F COMPLIANCE CERTIFICATE EXHIBIT G EXIT TERM SHEET EXHIBIT H INITIAL BUDGET EXHIBIT I INTERIM ORDER SCHEDULES SCHEDULE 1.1(a) TRANCHE B-1 COMMITMENTS
Waiver of Priority. Lessor shall have the right, at any time or from time to time during the Term, as security for any indebtedness with respect to Demised Premises, to mortgage or refinance a mortgage on the Demised Premises or any part thereof, the lien of which may, at the option of the Lessor, be prior to any interest of the Lessee hereunder; but such encumbrance shall be subject to and limited by the express condition that the mortgage, trust deed or other instrument establishing a binding obligation on the lienor shall contain apt provisions under the term of which the existence of this Sublease shall be recognized and shall provide that so long as the Lessee, its successors and assigns (as permitted hereinabove), shall keep and perform the terms, covenants and conditions in this Sublease contained on its part to be kept and performed, neither the holder of such encumbrance nor any holder or owner of the indebtedness secured thereby, nor any other person, shall, in attempting to enforce collection of said indebtedness or to realize upon such security, have any power to impair, modify, abrogate or adversely affect the
Waiver of Priority. IFC hereby waives the preference created under Article 2244(14) of the Civil Code of the Philippines arising in relation to the Loan Agreement by virtue of the notarization of this Omnibus Agreement, provided that any other rights and preferences arising under any other Volume in relation to such notarization are not waived or otherwise affected. IFC LOAN AGREEMENT, between the Co-Borrowers and IFC:
Waiver of Priority. Any person who becomes a Lender after the date of this Agreement expressly waives any priority of ranking it may have in connection with the Loan Documents pursuant to the Belgian Law of 3 August 2012 on various measures to facilitate the mobilisation of receivables in the financial sector (Wet betreffende diverse maatregelen ter vergemakkelijking van de mobilisering van schuldvorderingen in de financiële sector/Loi relative à des mesures diverses pour faciliter la mobilization de créances dans le secteur financier) and/or Articles 81ter to 81undecies of the Belgian Mortgage Law (Hypotheekwet/Loi hypothécaire), each as amended from time to time.
Waiver of Priority. (a) Landlord reserves the right to demand from Tenant and Tenant agrees to execute and deliver to Landlord a written subordination and waiver of priority of Tenant's limited to commencement of foreclosure proceedings, if necessary to effect such cure). This Lease shall not be terminated by Tenant while such remedies and cures are being so pursued.
