DISTURBANCE AND ATTORNMENT AGREEMENT. This Non-Disturbance and Attornment Agreement (this Agreement), made as of ___________, 199_, by and between , a limited liability company organized under the laws of Delaware and having an address at (the Lender) and _________________, a _________________, having an address at _______________________ (the Tenant);
DISTURBANCE AND ATTORNMENT AGREEMENT. The word "mortgage," as used in this Lease, includes mortgages, deeds of trust, and all similar instruments, and all modifications, extensions, renewals, and replacements thereof.
DISTURBANCE AND ATTORNMENT AGREEMENT. If Landlord at any time during the Term of this Lease causes the Premises, the Building and the Lot to be encumbered by a new deed of trust or mortgage pursuant to which the beneficiary of such deed of trust or mortgage is a party or entity other than the Current Lender, the parties acknowledge and agree that the form of any non-disturbance and attornment agreement that may be requested to be executed and delivered by Tenant in connection therewith will not be the "Subordination, Non-Disturbance and Attornment Agreement" attached to the Lease as Exhibit I. If the foregoing occurs and/or if any party which acquires, or otherwise succeeds to, Landlord's interest in the Premises, the Building or the Lot (including without limitation, any ground lessee) encumbers or places a lien against the Premises, the Building or the Lot with a mortgage, deed of trust or similar security instrument and the beneficiary thereof requires this Lease to be subordinated to such encumbrance or lien, Landlord or the successor of Landlord will use commercially reasonable efforts to provide to Tenant a subordination, non-disturbance and attornment agreement in form reasonably acceptable to Landlord or such successor of Landlord, the subject beneficiary and Tenant. If said subordination, non-disturbance and attornment agreement is required and agreed upon by the aforesaid parties, Landlord or the successor of Landlord, the subject beneficiary and Tenant shall cause any such subordination, non-disturbance and attornment agreement to be executed, acknowledged and recorded concurrently with, or as soon as practicable after, the execution and recordation of any such lien, deed of trust or mortgage. In addition to the foregoing, if Landlord enters into a ground lease with regard to the Building and/or the Lot and such ground lessee requires this Lease to be subordinated to such ground lease, the ground lessee and ground lessor will use commercially reasonable efforts to provide to Tenant a subordination, non-disturbance and attornment agreement in form reasonably acceptable to such ground lessee, ground lessor, any beneficiary of ground lessee and to Tenant.
DISTURBANCE AND ATTORNMENT AGREEMENT. Loan No. [__- ]/ Unit No. <<StoreUnit_>> SECURED PARTY: [_______________________] By: Name: Title: STATE OF § § COUNTY OF § On , 20__, before me, , a Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. Notary Public My Commission Expires: [Notary Seal]
DISTURBANCE AND ATTORNMENT AGREEMENT. Tenant shall execute and deliver upon demand any instruments, releases or other documents requested by any lessor or mortgagor for the purpose of subjecting and subordinating this Lease to such ground leases, mortgages or deeds of trust. Tenant shall attorn to any party succeeding to Landlord's interest in the Leased Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise, upon such party's request, so long as such attorned party agrees not to disturb Tenant's right of possession as long as Tenant is abiding by the terms of this Lease, and shall execute such agreements confirming such attornment as such party may reasonably request. Tenant shall not seek to enforce any remedy it may have for any default on the part of the Landlord without first giving written notice by certified mail, return receipt requested, specifying the default in reasonable detail, to any mortgagee or lessor under a lien instrument or lease covering the Leased Premises whose address has been given to Tenant, and affording such mortgagee or lessor a reasonable opportunity to perform Landlord's obligations hereunder.
DISTURBANCE AND ATTORNMENT AGREEMENT. This Subordination, Non-Disturbance and Attornment Agreement, made and entered into as of the ______ day of ____________ 1997, between WH VII-2 ACQUISITION FINANCE, L.P., a Delaware limited partnership ("Lender"), and MICROAGE COMPUTER CENTERS, ENC., a Delaware corporation ("Tenant").
DISTURBANCE AND ATTORNMENT AGREEMENT. THIS AGREEMENT, dated as of ___________, 1996, is made by and between Fleet National Bank of Massachusetts (formerly known as Shawmut Bank, N.A.), a national banking association, for itself and as Agent for other banks (hereinafter called "Mortgagee"), and First New England Dental Centers, Inc., a New Jersey corporation with a principal place of business at 170 Xxxxxxxxxxxx Xxxxxx, Xxxxxx, XX (xxreinafter called Tenant").
DISTURBANCE AND ATTORNMENT AGREEMENT. The word “mortgage,” as used in this Lease, includes mortgages, deeds of trust, and all similar instruments, and all modifications, extensions, renewals, and replacements thereof. If Landlord does not satisfy such condition precedent in the prescribed manner, then Landlord thereby represents to Tenant that there is no such existing mortgage, with the express understanding that Tenant relies on such representation as a material representation inducing Tenant to execute this Lease.
