Non-Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall be subject to receiving assurance (a "non-disturbance agreement") from the Lender that Lessee's possession and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises.
Non-Disturbance. With respect to any Mortgage entered into by Landlord after the execution of this Lease, Tenant's subordination of this Lease shall be subject to receiving assurance (a "non- disturbance agreement") from the Mortgage holder that Tenant's possession and this Lease will not be disturbed in the event of foreclosure or deed in lieu of foreclosure, so long as Tenant is not in Default and attorns to the record owner of the Premises.
Non-Disturbance. Agreements shall mean collectively, as of any -------------------------- date of determination, the non-disturbance agreements executed by a Lessor Lender and the applicable Subsidiary Lessee, each providing in part that the Lessor Lender shall recognize the rights of the Subsidiary Lessee which is lessee of the Leased Facility so financed by such Lessor Lender should such Lessor Lender foreclose upon such Leased Facility. Notes shall mean the Revolving Credit Notes. ----- Obligations shall mean all obligations from time to time of any ----------- Loan Party to any Bank, Agent or the Administrative Agent from time to time arising under or in connection with or related to or evidenced by or secured by this Agreement or any other Loan Document, whether such obligations are direct or indirect, otherwise secured or unsecured, joint or several, absolute or contingent, due or to become due, whether for payment or performance, now existing or hereafter arising (specifically including but not limited to obligations arising or accruing after the commencement of any bankruptcy, insolvency reorganization or similar proceedings with respect to any Loan Party, or which would have arisen or accrued but for the commencement of such proceeding, even if the claim for such obligation is not allowed in such proceeding under applicable Law). Without limitation of the foregoing, such obligations include (i) the principal amount of the Loans, interest, letter of credit reimbursement obligations, and fees, indemnities or expenses under or in connection with any Loan Document and all refinancings or refundings thereof; and (ii) all obligations arising from any extensions of credit under or in connection with the Loan Documents from time to time, regardless of whether any such extensions of credit are in excess of the amount committed under or contemplated by the Loan Documents or are made in circumstances in which any condition to extension of credit is not satisfied. Obligations shall remain such notwithstanding any assignment or transfer or any subsequent assignment or transfer of any of the Obligations or any interest therein. Official Body shall mean any national, federal, state, local or ------------- other government or political subdivision thereof or any agency, authority, board, bureau, central bank, commission, department or instrumentality of any government or political subdivision thereof, or any court, tribunal, grand jury or arbitrator, in each case whether foreign ...
Examples of Non-Disturbance in a sentence
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.
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.
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.
Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers.
Further, within 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.
More Definitions of Non-Disturbance
Non-Disturbance. Agreements shall mean collectively, as of any date of determination, the non-disturbance agreements executed by a Lessor Lender and the applicable Subsidiary Lessee, each providing in part that the Lessor Lender shall recognize the rights of the Subsidiary Lessee which is lessee of the Leased Facility so financed by such Lessor Lender should such Lessor Lender foreclose upon such Leased Facility. Notes shall mean collectively the Revolving Credit Notes.
Non-Disturbance. With respect to all ground or underlying leases ("ground lessors") and to all mortgages and/or deeds of trust ("lenders") which may hereafter affect the Project, Tenant's subordination of this Lease shall be subject to written assurance (a "non-disturbance agreement") in commercially reasonable form, from the lender or ground lessor (as applicable) that Tenant's possession and this Lease, including any options to extend the term hereof, will not be disturbed so long as Tenant is not in default under the Lease and attorns to the record owner of the Demised Premises. With respect to the ground lessor as of the date hereof (MWAA), Landlord shall obtain a non-disturbance agreement from such ground lessor on or prior to the Lease Commencement Date.
Non-Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall subject to receiving a commercially reasonable non-disturbance agreement (a "Non-Disturbance Agreement ") from the Lender which Non-Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attires to the record owner of the Premises. Further, with sixty (60) days after the executive 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. In the event that Lessor is unable to provided the Non-Disturbance Agreement within said sixty (60) days, Lessee may, at Lessee's option, directly contract Lessor's lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement.
Non-Disturbance. If any mortgage, deed of trust or similar security agreement (each such mortgage, deed of trust or security agreement being hereinafter referred to as a "Mortgage") is placed on the Premises, I.E.,becomes an encumbrance on the Premises, Landlord shall deliver a non-disturbance agreement from the holder (the "Holder") of said Mortgage, said non-disturbance agreement to provide that if no Event of Default exists under this Lease, then, notwithstanding a default by Landlord under the Mortgage (a) Tenant's possession of the Premises shall not be disturbed, and (b) the obligations of Landlord (and its successors or assigns, including, without limitation, the Holder) under this Lease shall remain unchanged.
Non-Disturbance. Agreements shall mean collectively (i) the non-disturbance agreements executed by each CLF Lender listed on Schedule 6.01(aa) and Convalescent, each providing in part that the CLF Lender shall recognize Convalescent's right as the lessee under its lease of its Convalescent Leased Facility should the CLF Lender foreclose upon such facility, and (ii) the non-disturbance agreements or other agreement containing nondisturbance provisions executed by each RLF Lender listed on Schedule 6.01(bb) and MHF, each providing in part that the RLF Lender shall recognize Regency's right as the lessee under its lease of its Regency Leased Facility should the RLF Lender foreclose upon such facility, such non-disturbance agreements or provisions to be reasonably satisfactory to the Agent in form and substance. Notes shall mean collectively the Revolving Credit Notes.
Non-Disturbance. Landlord shall use its best efforts to obtain for Tenant non-disturbance agreements from all existing and future mortgagees/ground lessors.
Non-Disturbance. With respect to any Security Device entered into by Landlord after the execution of this Lease, Tenant's subordination of this Lease shall be subject to receiving assurance (a non-disturbance agreement) in a form reasonably acceptable to Tenant from the lender that Tenant's possession and this Lease, including any options to extend the term hereof, will not be disturbed so long as Tenant is not in breach hereof and attorns to the recorded owner of the Premises
8.01 (d) SELF-OPERATING Paragraph 8.01 is self-operating. However, Tenant shall promptly execute and deliver any documents needed to confirm this arrangement.