Subordination Attornment Non Disturbance. This Lease is subject and subordinate to all present and future ground or underlying leases of the Premises and to the lien of any mortgages or trust deeds, now or hereinafter in force against the Premises and any other Premises attached to the Premises, if any, and to all renewals, extensions, modifications, consolidations and replacements thereof, and to all advances made or hereafter to be made upon the security of such mortgages or trust deeds, unless the holders of such mortgages or trust deeds, or the lessors under such ground lease or underlying leases, require in writing that this Lease be superior thereto. Tenant covenants and agrees in the event any proceedings are brought for the foreclosure of any such mortgage, to attorn, without any deductions or set-offs whatsoever, to the purchaser upon any such foreclosure sale if so requested to do so by such purchaser, and to recognize such purchaser as the Owner under this Lease. Tenant shall within five (5) days of request by Owner execute such further instruments or assurances as Owner may reasonably deem necessary to evidence or confirm the subordination or superiority of this Lease to any such mortgages, deeds of trusts, ground leases or underlying leases. Tenant waives the provisions of any current or future rule or law which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of the Tenant hereunder in the event of any foreclosure proceeding or sale.
Subordination Attornment Non Disturbance. This Lease shall be subordinate to any of Lessee's mortgagee's mortgages or deeds of trust and all amendments, renewals or modifications thereof now or hereafter in effect. This subordination shall be shelf-operative and no further certificate or instrument of subordination need be required by any such mortgagee. In confirmation of such subordination, however, Lessee shall execute promptly any reasonable certificate or instrument that Lessor or mortgages may request. Lessee hereby constitutes Lessor as Lessee's attorney-in-fact to execute such certificate or instrument for and one behalf of Lessee upon Lessee's failure to do so within fifteen (15) days of a request to do so. In the event of the enforcement by Lessor's mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Lessee will, upon request of any person or party succeeding to the interest of Lessor as a result of such enforcement, automatically become the Lessee of such successor in interest without change in terms or other provisions of such Lease provided, however, that such successor in interest shall not be (i) bound by any payment of Rent for more than one month in advance except payments in the nature of security for the performance by Lessee of its obligations under this Lease; (ii) subject to any offset, defense or damages arising out of a default of any obligations of any preceding Lessor; or (iii) bound by any amendment or modification of this Lease made without the written consent of such trustee or such beneficiary or such successor in interest; and provided, however, that no new successor in interest shall disturb the possession of the Lessee under this Lease so long as the Lessee is not in default of any of the terms or provisions contained in the Lease. Upon request by such successor in interest, Lessee shall execute and deliver reasonable instruments confirming the attornment provided for herein. The subordination of interest provided by this paragraph shall not, however, affect or diminish the Lessee's rights under this Lease.
Subordination Attornment Non Disturbance. 14.1 The rights of Subtenant under this Sublease are and shall be, at the option of Sublandlord, either subordinate or superior to the Master Lease and/or any Replacement, or Sublandlord's interest therein or any part thereof, whether the Master Lease and/or Replacement has heretofore been, or may hereafter be, placed upon the Subleased Premises by Sublandlord, except that a non-disturbance must be secured prior to any future subordination of this Sublease as set forth below in Section 14.2. To further assure the foregoing subordination or superiority, Subtenant shall, upon Sublandlord's request, together with the request of Master Landlord or any Mortgagee, execute any instrument (including without limitation an amendment to this Sublease), or instruments intended to subordinate this Sublease, or at the option of Sublandlord, to make it superior to the Master Lease or any Replacement.
Subordination Attornment Non Disturbance. At Landlord’s request, and subject to the immediately succeeding sentence, Tenant shall subordinate its rights under this Lease to the lien of any first mortgage or first deed of trust hereinafter executed in favor of any bank, insurance company or other lending institution against the Premises. As a condition to any subordination that Landlord requests, the mortgage holder must execute an agreement in substantially the form attached to this Lease as Exhibit G. Simultaneously with the execution of this Lease by Landlord, Landlord shall deliver to Tenant a Subordination, Non-Disturbance and Attornment Agreement (SNDA) executed by the holder of any mortgage listed on Exhibit K in recordable form and approved by Tenant.
Subordination Attornment Non Disturbance. This Lease shall be subject and subordinate to any mortgage, deed of trust or other security devise now or hereafter placed by Lessor upon the real property of which the Premises are a part and to all renewals, modification, consolidations, replacements and extensions thereof ("Security Devises"), provided that Lessee obtains from the holder and beneficiary of any such Security Devise a Non-Disturbance Agreement in form and substance reasonably satisfactory to Lessee. Upon Lessor's written request, Lessee shall within five (5) days, execute, acknowledge and deliver to Lessor a written statement certifying that the Lease is unmodified (or if modified, describing same) and in full force and effect, the date to which rents are paid and setting forth any alleged defaults of Lessor. Said statement may be relied upon by Lessor, its agents, lenders and purchasers. Upon Lessee's written request, Lessor shall within five (5) days, execute, acknowledge and deliver to Lessee a written statement certifying that the Lease is unmodified (or if modified, describing same) and in full force and effect, the date to which rents are paid and setting forth any alleged defaults of Lessee. Said statement may be relied upon by Lessee, its agents, lenders and purchasers. Subject to Lessee's receipt of a Non-Disturbance Agreement, Lessee agrees to attorn to Lender or any other party who acquires ownership of the Premises by reason of a foreclosure of a Security Device, and that in the event of such foreclosure, such new owner shall not be liable for any act of omission of any prior lessor or with respect to events occurring prior to acquisition of ownership, or be subject to any offsets or defenses which Lessee might have against any prior lessor.
Subordination Attornment Non Disturbance. (A) This lease, at Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation for security now or hereafter placed upon the real property of which the Leased Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant’s right to quiet possession of the Leased Premises shall not be disturbed if Tenant is not in default under the provisions of this lease, unless this lease is otherwise terminated pursuant to its terms. If any first mortgagee, trustee or ground Landlord shall elect to have this lease prior to the lien of its mortgage, deed of trust or ground lease, this lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. This provision shall be self-operative without the execution of any further instruments. Notwithstanding the foregoing however, Tenant hereby agrees to execute any instrument(s) which Landlord may deem desirable to evidence the subordination of this Lease to any and all such mortgages.
Subordination Attornment Non Disturbance. (a) This Agreement is and will be subordinate to the lien of any mortgage or deed of trust executed in favor of any bank, insurance company or other lending institution and now or in the future in force against the Premises. Landlord shall obtain from the mortgagee or the beneficiary under that deed of trust a subordination, attornment and non-disturbance agreement in favor of, and in form reasonably satisfactory to both Tenant and the mortgagee or beneficiary whereby the mortgagee or beneficiary agrees not to disturb Tenant's quiet possession of the Premises so long as no Event of Default has occurred and is continuing. Tenant further agrees that, if proceedings are brought for foreclosure of the lien of the mortgage or deed of trust or if the mortgage holder causes the exercise of the power of sale set forth in the mortgage or deed of trust, Tenant shall attorn to the purchaser upon the conclusion of the foreclosure or sale and recognize the purchaser as the landlord under this Agreement. The parties hereto agree that the form of subordination, attornment and non-disturbance agreement attached hereto as Exhibit J shall satisfy the requirements of this Section and Tenant agrees to execute such document upon written request by Landlord. The term mortgagee shall include, but not be limited to, a securitized mortgagee, including a trustee or servicer under a securitized pooling agreement.
Subordination Attornment Non Disturbance. 30.1Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, “Security Device”), now or hereafter placed by Landlord upon the real property of which the Premises are a part, to any and all advances made on the security thereof, and to all renewals, modifications, consolidations, replacements and extensions thereof. Tenant agrees that the Lenders holding any such Security Device shall have no duty, liability or obligation to perform any of the obligations of Landlord under this Lease, but that in the event of Landlord’s default with respect to any such obligation, Tenant will give any Lender whose name and address have been furnished Tenant in writing for such purpose notice of Landlord’s default pursuant to Paragraph 13.5. If any Lender shall elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device and shall give written notice thereof to Tenant, this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof.
Subordination Attornment Non Disturbance. At Landlord’s request, and subject to the immediately succeeding sentence, Tenant shall subordinate its rights under this Lease to the lien of any first mortgage or first deed of trust hereinafter executed in favor of any bank, insurance company or other lending institution against the Premises. As a condition to any subordination that Landlord requests, the mortgage holder must execute an agreement in substantially the form attached to this Lease as Exhibit F. Simultaneously with the execution of this Lease by Landlord, Landlord shall deliver to Tenant a Subordination, Non-Disturbance and Attornment Agreement (“SNDA”) in the form of Exhibit F executed by the holder of any mortgage encumbering the Premises as of the Effective Date. Landlord agrees to deliver to Tenant a SNDA from any mortgage of the Premises existing after the Effective Date.
Subordination Attornment Non Disturbance. At Tenant’s request, Landlord shall deliver to Tenant a Subordination, Non-Disturbance and Attornment Agreement executed by the holder of any mortgage listed on Exhibit K or Exhibit K-2 in recordable form and approved by Tenant.
