Disturbance Agreement definition

Disturbance Agreement has the meaning set forth in Section 23.1l(c).

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Disturbance Agreement shall have the meaning provided in Section 3.1(a)(xi).

Disturbance Agreement means an agreement, in recordable form in the jurisdiction in which the Hotel is located, executed and delivered by a holder of a Secured Loan (which agreement shall by its terms be binding upon all assignees of such holder and upon any individual or entity that acquires title to or possession of the Hotel at or through a foreclosure (referred to as a “Subsequent Owner”)), for the benefit of Management Company, pursuant to which, in the event such holder (or its assignee) or any Subsequent Owner comes into possession of or acquires title to the Hotel either at or following a foreclosure, such holder (and its assignees) and all Subsequent Owners shall: (x) recognize Management Company’s rights under this Agreement, (y) not name Management Company as a party in any foreclosure action or proceeding, and (z) not disturb Management Company in its right to continue to manage the Hotel pursuant to this Agreement; provided, however, that at such time, (i) this Agreement has not expired or otherwise been terminated earlier in accordance with its terms, and (ii) there are no outstanding Events of Default by Management Company, and (iii) no material event has occurred and no material condition exists which, after notice or the passage of time or both, would entitle Owner to terminate this Agreement (excluding events which would constitute Events of Default, which are to be governed exclusively by clause (ii) hereof).

Examples of Disturbance Agreement in a sentence

• In the event that Lessor is unable to provide the Non- Disturbance Agreement within said sixty (60) days, then Lessee may, at Lessee's option, directly contact Lessor's lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement.

• The Master Lease and the HUD Master Lease Subordination Agreement or Master Lease Subordination Non Disturbance Agreement shall be approved by HUD and the Mortgagee.

• The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non- Disturbance Agreement provided for herein.

• This Lease shall be a prior lien against the Improvements and any encumbrance on the Premises with respect to any loans, mortgages, deeds of trust, other leases, liens and encumbrances that may hereafter be permitted to be placed on the Improvements and the Premises under the terms of this Lease and the Ground Lease Non- Disturbance Agreement.

• The LESSOR, however, shall, prior to the granting of any mortgage covering the fee interest of the leased premises, obtain from such mortgagee a "Non Disturbance" Agreement, in form reasonably acceptable to counsel to the LESSEE.

• Further, within sixty (60) days after the execution of this Lease, Lessor shall use its commercially reasonable efforts to obtain a Non- Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises.

• Unless otherwise defined herein, all capitalized terms used in this Agreement shall have the same meaning as ascribed to them in the Lease or the Non- Disturbance Agreement, as the case may be.

• If the City Display Site is currently encumbered by a deed of trust or a mortgage, ground lease or other similar encumbrance, City shall deliver to BRT on or before the Commencement Date a Non- Disturbance Agreement in a form reasonable acceptable to BRT.

• Duly executed and acknowledged Surface Non- Disturbance Agreement with respect to any oil, gas and other minerals being reserved by Seller.

• If Owner is unable in good faith to obtain such a Non- Disturbance Agreement within fifteen (15) days from the date hereof, it shall notify Tenant and Tenant shall, by notice delivered to Owner within twenty (20) days thereafter, have the right to terminate this lease.

More Definitions of Disturbance Agreement

Disturbance Agreement means an agreement, in recordable form in the jurisdiction in which the Hotel is located, executed and delivered by a holder of a Secured Loan (which agreement shall by its terms by binding upon all assignees of such holder and upon any individual or entity that acquires title to or possession of the Hotel at or through a foreclosure (referred to as a "Subsequent Owner")), for the benefit of Management Company, pursuant to which, in the event such holder (or its assignee) or any Subsequent Owner comes into possession of or acquires title to the Hotel either at or following a foreclosure, such holder (and its assignees) and all Subsequent Owners shall (x) recognize Management Company's rights under this Agreement, and (y) shall not name Management Company as a party in any foreclosure action or proceeding, and (z) shall

Disturbance Agreement means an agreement, in recordable form in the jurisdiction in which the Hotel & Conference Center is located, executed and delivered by a holder of a Secured Loan, which agreement shall by its terms be binding upon all assignees of such holder and upon any individual or entity that acquires title to or possession of the Hotel Facility and/or the Conference Center Facility at or through a foreclosure (referred to as a “Subsequent Owner”), for the benefit of Management Company, pursuant to which, in the event such holder (or its assignee) or any Subsequent Owner comes into possession of or acquires title to the Hotel Facility and/or Conference Center Facility either at or following a foreclosure, such holder (and its assignees) and all Subsequent Owners shall (x) recognize Management Company’s rights under this Agreement, and (y) shall not name Management Company as a party in any foreclosure action or proceeding, and (z) shall not disturb Management Company in its right to continue to manage the Hotel Facility and/or Conference Center Facility, as the case may be, pursuant to this Agreement; provided, however, that at such time, (i) this Agreement has not expired or otherwise been earlier terminated in accordance with its terms, and (ii) there are no outstanding Events of Default by Management Company, and (iii) no material event has occurred and no material condition exists which, after notice or the passage of time or both, would entitle Owners to terminate this Agreement (excluding events which would constitute an Event of Default, which are to be governed exclusively by clause (ii) hereof).

Disturbance Agreement means a Non-Disturbance Agreement substantially in the form annexed hereto as Exhibit G.

Disturbance Agreement and any provisions in any Mortgage substantially to the same effect as those contained in a Non-Disturbance Agreement are referred to as "Non-Disturbance Provisions"). At or about the time that Owner executes any future Mortgage, Owner agrees to use reasonable efforts at no cost or expense to Owner to obtain from the then holder or holders of such future Mortgage a Non-Disturbance Agreement or include Non-Disturbance Provisions in such future Mortgage. At or about the time that Owner executes any future Superior Lease of the Real Property or the Building, Owner shall use reasonable efforts at no cost or expense to Owner to obtain from the lessor thereof an agreement substantially to the effect that in the event of the termination of such Superior Lease by reason of the default or insolvency of the lessee thereunder, such lessor will permit Tenant to attorn to such lessor and will not disturb its possession under this Lease so long as there shall be no default by Tenant under this Lease beyond applicable grace periods (any such agreement, or any agreement of similar import, is referred to as a "Tenant Recognition Agreement" and any provisions in any such Superior Lease substantially to the same effect as those contained in a Tenant Recognition Agreement are referred to as "Tenant Recognition Provisions"). If Owner is unable in good faith to obtain any such Non-Disturbance Agreement, Non-Disturbance Provisions, Tenant Recognition Agreement or Tenant Recognition Provisions, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby and Owner shall not be liable to Tenant for its failure to obtain any such Non-Disturbance Agreement, Non-Disturbance Provisions, Tenant Recognition Agreement or Tenant Recognition Provisions, it being intended that Owner's sole obligation with respect to any Non-Disturbance Agreement, Non-Disturbance Provisions, Tenant Recognition Agreement or Tenant Recognition Provisions, shall be to use reasonable efforts at no cost or expense to Owner to obtain (a) within a reasonable time after the execution and delivery of this Lease (with respect to the existing Mortgage) and (b) at or about the date of execution of any future Mortgage or Superior Lease (with respect to any future Mortgage or Superior Lease) from the then holders of any Mortgage or the then lessor under the Superior Lease, as the case may be, such Non-Disturbance Agreement (with respect to the existing Mortgage) or such Non-D...

Disturbance Agreement means a non-disturbance and attornment agreement in commercially reasonable form which acknowledges the existence of this Lease and of Tenant's rights hereunder, agrees that so long as no Event of Default occurs and is continuing, Tenant's rights hereunder shall not be disturbed, and does not materially increase Tenant's obligations or materially decrease Tenant's rights hereunder.