Attornment and Subordination. (A) In the event any proceedings are brought for the foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Lessor covering the Premises, or in the event Lessor sells, conveys or otherwise transfers its interest in the Facility or any portion thereof containing the Premises, this Lease shall remain in full force and effect and Lessee hereby attorns to and covenants and agrees to execute an instrument in writing reasonable satisfactory to the new owner whereby Lessee attorns to such successor in interest and recognizes such successor as the Lessor under this Lease. Payment by or performance of this Lease by any person, firm or corporation claiming an interest in this Lease or the Premises by, through or under Lessee without Lessor’s consent in writing shall not constitute an attornment or create any interest in this Lease or the Premises. The new owner (including any lender) may, at its option, accept or reject such attornment.
Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premises, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
Attornment and Subordination. Tenant shall, in the event of a sale, transfer, or assignment of Landlord's interest in the Building or any part thereof, or in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by Landlord encumbering the Leased Premises or any part thereof, at the request of the purchaser at such sale, upon receipt of a nondisturbance agreement, attorn to and recognize such transferee, purchaser or mortgagee as landlord under this Lease. This Lease and the estate of Tenant hereunder shall be subject and subordinate to any existing mortgage, deed of trust or other method of financing or refinancing now encumbering the Leased Premises, the land underlying the Leased Premises and/or the Building, and any replacement, modification, consolidation, renewal or extension thereof. Landlord agrees to make good faith efforts to obtain for Tenant a non-disturbance agreement for the existing mortgagee. Any such mortgage, deed of trust or other method of financing or refinancing shall, for the full amount of principal at any time advance thereon or secured thereby, with interest, be prior and paramount to this Lease and to the rights of Tenant hereunder and persons claiming through or under Tenant, or otherwise, in the Leased Premises. Tenant, on Tenant's behalf, and on behalf of all persons claiming through or under Tenant, covenants and agrees that Tenant will, from time to time at the request of Landlord, upon receipt of a non-disturbance agreement, execute and deliver any necessary or proper instruments or certificates acknowledging priority of the lien or charge of such mortgage to such lease and to subordination of this Lease thereto.
Attornment and Subordination. A. Subject to the provisions in subsection B hereof, this Lease, and the rights of Tenant hereunder, shall be subject or subordinate to any mortgages which now are or may hereafter be placed upon the Property or any portion hereof (a "mortgage") or any interest therein or to any leases (hereinafter called "underlying leases") of the Property as a whole which now exist or may hereafter be made (any holder of any such mortgage, or landlord with respect to any underlying lease being hereinafter called an "Interested Party"). The terms at this Subordination shall be self operative, provided however, that Tenant shall execute such documents as may be requested by Landlord in order to confirm this Subordination from time to time. Any failure by Tenant to execute any such documents shall be a default hereunder.
Attornment and Subordination. 17.01. In the event of any sale or other transfer by Landlord of the Premises, which sale or transfer involves the assignment and/or transfer of Landlord's interest in this Lease, then Tenant shall attorn to such purchaser and/or assignee or transferee upon any such sale or transfer and recognize such purchaser, assignee or transferee as Landlord under this Lease.
Attornment and Subordination. In the event that the Lessor transfers all the rights and interests of the leased premises to a new owner as collateral for a pending loan or sells the leased premises as a normal sale, the Lessee shall continue issuing monthly rent payments to the new owner. The Lessee shall acknowledge any amendments made in this Lease Agreement by the new owner and failure to execute such may constitute eviction.
Attornment and Subordination. Tenant agrees to subordinate this Lease and its leasehold interest to the lien of any mortgages or the lien resulting from any other method of financing or refinancing placed upon the Premises by the City with any institutional lender (including without limitation any bond related financing), to any advances made thereunder and to all other amounts secured thereby, and all renewals, replacements, modifications, consolidations and extensions thereof and to supply any customary subordination, non-disturbance and attornment agreement ("SNDA") within fifteen (15) days after receipt of a request of City for the same. Provided, however, any such SNDA shall only be effective if the City includes in any such SNDA or therewith obtains an agreement for the benefit of the Tenant from the proposed mortgagee, beneficiary or secured party to the effect that upon obtaining title to the Premises through foreclosure, conveyance in lieu of foreclosure or otherwise, such mortgagee, beneficiary or third party shall be substituted for the City hereunder, and such mortgagee, beneficiary or secured party and the Tenant shall be in the relationship of City and tenant under the provisions of this Lease, and this Lease shall remain in full force and effect. Any such SNDA shall provide that any City's lender shall receive notice from Tenant of any default by City under this Lease and the right to cure any such City default within thirty (30) days after the lender's receipt of any such notice.
Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premises of any Facility, or any portion thereof, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder.
Attornment and Subordination. All rights and interests of Tenant hereunder are and shall be and remain subject, subordinate and inferior to all mortgages, heretofore or hereafter given and encumbering the premises, or any part thereof, and shall likewise be subordinate and inferior to all renewals, modifications, consolidations, replacements and extensions of any such mortgage, and the right of the holder of any such mortgage shall at all times be and remain prior and superior to all rights and interests of Tenant. This provision shall operate as a subordination agreement with respect to all such mortgages and all renewals, modifications, consolidations, replacements and extensions thereof. If the holder of any such mortgage or any person, firm or corporation agreeing to not take a loan secured by a mortgage on the premises shall require confirmation of any subordination for which provision is herein made or a separate subordination agreement with respect to any mortgage transaction, Tenant shall execute such confirmation or subordination agreement in the form required by such mortgage holder or other person, firm or corporation agreeing to make a loan secured by a mortgage on the premises, and the execution of the same shall not diminish or affect the liability of Tenant hereunder or of any other party responsible for or guaranteeing the obligations of Tenant under this lease.
Attornment and Subordination. (a) Lessee shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage covering the Leased Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Lessor, provided such purchase recognizes and assumes all of Lessee's duties, obligations, rights, and options under this Lease.
