Common use of Attornment and Certificates Clause in Contracts

Attornment and Certificates. In the event Lender succeeds to the interest of Borrower as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under the Mortgage, Tenant shall attorn to Lender, or a purchaser upon any such foreclosure sale, and shall recognize Lender, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Mortgage, or upon request of any such purchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that no default, or state of facts, which with the passage of time or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.

Attornment and Certificates. In the event Lender Agent succeeds to the interest of Borrower Landlord as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under the Mortgage, Tenant shall attorn to LenderAgent, or a purchaser upon any such foreclosure sale, and shall recognize LenderAgent, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Mortgage, or upon request of any such purchaser, : (a) any instrument or certificate certificate, in form and substance reasonably acceptable to Tenant, which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that that, to the knowledge of Tenant, no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease and (vii) any other matters provided to be given in estoppels by Tenant under the Lease.

Attornment and Certificates. In the event Lender succeeds to the interest of Borrower as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under the MortgageDeed of Trust or otherwise pursuant to the exercise of remedies under the Deed of Trust, Tenant shall attorn to Lender, or a purchaser upon any such foreclosure sale, and shall recognize Lender, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the MortgageDeed of Trust, or upon request of any such purchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the LeaseLease and (vii) such other matters as such holder(s) or such purchaser shall reasonably request.

Attornment and Certificates. In the event Lender Agent succeeds to the interest of Borrower Landlord as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under the Mortgage, Tenant shall attorn to LenderAgent, or a purchaser upon any such foreclosure sale, and shall recognize LenderAgent, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Mortgage, or upon request of any such purchaser, : (a) any instrument or certificate certificate, in form and substance reasonably acceptable to Tenant, which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of .of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that that, to the knowledge of Tenant, no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease and (vii) any other matters provided to be given in estoppels by Tenant under the Lease.

Attornment and Certificates. In the event Lender Agent succeeds to the interest of Borrower as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under the MortgageMortgage (or by a deed-in-lieu of foreclosure), Tenant shall attorn to LenderAgent, or a purchaser upon any such foreclosure salesale (or deed-in-lieu), and shall recognize LenderAgent, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Mortgage, or upon request of any such purchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party Tenant or, to Tenant's knowledge, on the Leasepart of Landlord, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.

Attornment and Certificates. In the event Lender succeeds Agent or Lenders succeed to the interest of Borrower as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power remedies relating to the Deed of sale under the MortgageTrust Documents, Tenant shall attorn to LenderAgent, Lenders, or a purchaser upon any such foreclosure sale, and shall recognize LenderAgent, Lenders, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the MortgageDeed of Trust Documents, or upon request of any such purchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), that (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) to the best of Tenant's knowledge, that no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.

Attornment and Certificates. Tenant acknowledges that it has notice that the Leases and the rent and all sums due thereunder have been assigned to Lender as part of the security for the Loan secured by the Assignment. In the event of any Event of Default under that certain Term Loan Agreement between Borrower and Lender succeeds dated as of February 1, 1996 (the "Loan Agreement") or that certain promissory note of even date herewith in the original principal amount of $4,000,000 (the "Series A Note") and that certain promissory note of even date herewith in the original principal amount of $2,000,000 (the "Series B Note") (collectively, the "Notes") each executed by Borrower and delivered to Lender dated February 1, 1996 in the interest original principal amount of Borrower as Landlord $6,000,000, or any default under the LeaseAssignment beyond any applicable cure periods, in the event the Lender notifies Tenant of such an Event of Default or if the Property or the Premises are sold pursuant to the power of sale default and demands that Tenant pay its rent and all other sums due under the MortgageLease to Lender, Tenant agrees that it shall attorn to Lender, or a purchaser upon any the Lender and will honor such foreclosure sale, demand and shall recognize Lender, or such purchaser, thereafter as the Landlord under the Lease; in such event, Lender or such pay its rent and all other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord sums due under the Lease accruing thereafterto the Lender. Such attornment shall be effective and self-operative without the execution of any further instrumentinstrument on the part of any of the parties hereto. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Mortgage, or upon request of any such purchaserAssignment, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the LeaseLeases, consisting of statements, if true (and if not true, specifying in what respect): ), (i) that the each Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the each Lease, (iv) the nature of any amendments or modifications to the each Lease, (v) that no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the each Lease, and (vi) the dates on which payments of additional rent, if any, are due under the each Lease.

Attornment and Certificates. In the event Lender succeeds Agent or Lenders succeed to the interest of Borrower as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under remedies relating to the MortgageMortgage Documents, Tenant shall attorn to LenderAgent, Lenders, or a purchaser upon any such foreclosure sale, and shall recognize LenderAgent, Lenders, or such purchaser, thereafter as the Landlord under the Lease; in provided that such event, Lender or such other purchaser shall be bound under all agrees not to disturb Tenant’s possession of the provisions of Premises and recognizes the Lease (and Tenant’s rights under the Lease, except as otherwise may be provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafterherein. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the MortgageMortgage Documents, or upon request of any such purchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), that (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) to the best of Tenant’s knowledge, that no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.

Attornment and Certificates. In the event Lender succeeds to of any foreclosure of the interest Senior Mortgage or any deed or other conveyance in lieu of Borrower as Landlord under the Leaseany such foreclosure, or if the Property or Lender otherwise succeeds to Landlord’s title to the Premises are sold pursuant or interest in and under the Lease (any of the foregoing events being a “Foreclosure”, and any purchaser, assignee or grantee acquiring or succeeding to Landlord’s title to the power of sale Premises or interest in and under the MortgageLease being a “Purchaser”), then Tenant shall attorn to Lender, Lender or a purchaser upon any such foreclosure salePurchaser, and shall recognize Lender, Lender or such purchaserPurchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Senior Mortgage, or upon request of any such purchaserPurchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure Foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that that, to the best of Tenant’s knowledge, no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.

Attornment and Certificates. In the event Lender succeeds to of any foreclosure of the interest Junior Mortgage or any deed or other conveyance in lieu of Borrower as Landlord under the Leaseany such foreclosure, or if the Property or Lender otherwise succeeds to Landlord’s title to the Premises are sold pursuant or interest in and under the Lease (any of the foregoing events being a “Foreclosure”, and any purchaser, assignee or grantee acquiring or succeeding to Landlord’s title to the power of sale Premises or interest in and under the MortgageLease being a “Purchaser”), then Tenant shall attorn to Lender, Lender or a purchaser upon any such foreclosure salePurchaser, and shall recognize Lender, Lender or such purchaserPurchaser, thereafter as the Landlord under the Lease; in such event, Lender or such other purchaser shall be bound under all of the provisions of the Lease (except as otherwise provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafter. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(s) of any of the indebtedness or other obligations secured by the Junior Mortgage, or upon request of any such purchaserPurchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure Foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) that that, to the best of Tenant’s knowledge, no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.

Attornment and Certificates. In the event Lender succeeds Agent or Lenders succeed to the interest of Borrower as Landlord under the Lease, or if the Property or the Premises are sold pursuant to the power of sale under remedies relating to the MortgageMortgage Documents, Tenant shall attorn to LenderAgent, Lenders, or a purchaser upon any such foreclosure sale, and shall recognize LenderAgent, Lenders, or such purchaser, purchaser thereafter as the Landlord under the Lease; in provided that such event, Lender or such other purchaser shall be bound under all agrees not to disturb Tenant’s possession of the provisions of Premises and recognizes the Lease (and Tenant’s rights under the Lease, except as otherwise may be provided in this Agreement) and assume the obligations of landlord under the Lease accruing thereafterherein. Such attornment shall be effective and self-operative without the execution of any further instrument. Xxxxxx Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of any holder(sholders) of any of the indebtedness or other obligations secured by the MortgageMortgage Documents, or upon request of any such purchaser, (a) any instrument or certificate which, in the reasonable judgment of such holder(s), or such purchaser, may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment attornment, and (b) an instrument or certificate regarding the status of the Lease, consisting of statements, if true (and if not true, specifying in what respect): ), that (i) that the Lease is in full force and effect, (ii) the date through which rentals have been paid, (iii) the duration and date of the commencement of the term of the Lease, (iv) the nature of any amendments or modifications to the Lease, (v) to the best of Tenant’s knowledge, that no default, or state of facts, which with the passage of time time, or notice, or both, would constitute a default, exists on the part of either party to the Lease, and (vi) the dates on which payments of additional rent, if any, are due under the Lease.