Landlord’s Financing Sample Clauses

Landlord’s Financing. At the request of Landlord, Tenant agrees to furnish Landlord with a current financial statement prepared by a certified public accountant or any other instrument which may be needed by Landlord for purposes of financing or selling the Real Property. Notwithstanding the foregoing, in the event the capital stock of Tenant is then traded on a National Exchange (as defined under Federal securities law) and Tenant's most recent 10-K (and, if more recent 10-Q) is readily available to the public for review (i.e., via the internet), Landlord shall obtain same from such sources. If, in connection with obtaining financing for the Real Property, a banking, insurance or other recognized institutional lender shall request reasonable modifications in this lease as a condition to such financing, Tenant will enter into an agreement reflecting such modifications provided that such modifications do not increase the obligations of Tenant hereunder, diminish the rights of Tenant hereunder or materially adversely affect the leasehold interest hereby created.

Landlord’s Financing. Tenant agrees that its rights will be subordinate to present or future mortgages and to all advances thereunder and all modifications, renewals, replacements, extensions and consolidations thereof. Tenant agrees that any mortgagee may at its option elect to subordinate to this Lease. Until a mortgagee forecloses Landlord's equity of redemption, no mortgagee will be liable for failure to perform any of Landlord's obligations (and such mortgagee will thereafter be liable only after it succeeds to and holds Landlord's fee interest and then only as limited herein). No mortgagee will be bound by any payment of rent more than one month in advance. Tenant will if requested by Landlord or any mortgagee give notice of any default by Landlord to such mortgagee; and Tenant agrees that such mortgagee will have a separate, consecutive reasonable cure period of no less than thirty days (to be reasonably extended in the same manner as Landlord's cure period) following Landlord's cure period during which such mortgagee may, but need not, cure such default. If Landlord assigns this Lease or the rents, whether the assignment is conditional in nature or otherwise such assignment will not be deemed an assumption by the assignee of any obligations of Landlord; but the assignee will be responsible only for Landlord's defaults which occur after it succeeds to and only while it holds Landlord's fee interest in the Premises. The provisions of this Section will be self-operative; nevertheless, Tenant agrees to execute, acknowledge and deliver any subordination or other instruments conforming to these provisions whenever requested by Landlord or any mortgagee, and further agrees that its failure to do so within ten days after demand will be default without further cure period.

Landlord’s Financing. This Lease shall be subordinate to any existing first mortgage, first deed of trust, ground lease, declaration of covenants, conditions, easements and restrictions and all renewals, modifications, amendments, consolidations, replacements and extensions of any such instruments. No documentation other than this Lease shall be required to evidence such subordination. If the holder of any mortgage or deed of trust elects to have this Lease superior to the lien of its mortgage or deed of trust and gives written notice of such election to Tenant, this Lease shall be deemed prior to such mortgage or deed of trust. Tenant shall execute such documents as may be required by Landlord to confirm such subordination or priority within ten (10) days after request, provided that the lender concerned concurrently provides to Tenant a non-disturbance agreement. Tenant shall from time to time if so requested by Landlord and if doing so will not materially and adversely affect Tenant’s economic interests under this Lease, join with Landlord in amending this Lease so as to meet the needs or requirements of any lender that is considering making or that has made a loan secured by all or any portion of the Property. Any sale, assignment or transfer of L▇▇▇▇▇▇▇’s interest under this Lease or in the Premises, including any such disposition resulting from Landlord’s default under a debt obligation, shall be subject to this Lease and Tenant shall attorn to Landlord’s successors and assigns and shall recognize such successors or assigns as Landlord under this Lease, regardless of any rule of law to the contrary or absence of privity of contract.

Landlord’s Financing. At the request of Landlord, Tenant agrees to furnish Landlord with a current financial statement prepared by a certified public accountant or any other instrument which may be needed by Landlord for purposes of financing or selling the Real Property. If, in connection with obtaining financing for the Real Property or any portion thereof, a banking, insurance or other recognized institutional lender shall request reasonable. modifications in this lease as a condition to such financing, Tenant will enter into an agreement reflecting such modifications provided that such modifications do not increase the obligations of Tenant hereunder or materially adversely affect the leasehold interest hereby created.

Landlord’s Financing. Without the consent of Tenant, Landlord may from time to time, directly or indirectly, create or otherwise cause to exist any Facility Mortgage upon the Leased Property or any portion thereof or interest therein. This Master Lease is and at all times shall be subject and subordinate to any such Facility Mortgage which may now or hereafter affect the Leased Property or any portion thereof or interest therein and to all renewals, modifications, consolidations, replacements, restatements and extensions thereof or any parts or portions thereof; provided, however, that the subjection and subordination of this Master Lease and Tenant’s leasehold interest hereunder to any Facility Mortgage or any Foreclosure Purchaser (as defined below) including any Facility Mortgage in place at the time of execution of this Master Lease or contemporaneously herewith shall be conditioned upon the execution by the holder of each Facility Mortgage and delivery to Tenant of a subordination, nondisturbance and attornment agreement substantially in the form attached hereto as Exhibit F-2 or as otherwise satisfactory to Tenant and the Facility Mortgagee. Landlord shall deliver such a subordination, non-disturbance and attornment agreement to Tenant contemporaneously with the execution of this Master Lease with respect to any Facility Mortgage existing at the time of execution of this Master Lease. With respect to any Facility Mortgage on any vessel or barge, Landlord shall be required to deliver such subordination, nondisturbance and attornment agreement to Tenant from each holder of a Facility Mortgage on such vessel or barge prior to the recording or registration of such Facility Mortgage on such vessel or barge in a manner that would not, or the enforcement of remedies thereunder would not, affect or disturb the rights of Tenant under this Master Lease or the provisions of Article XVII which benefit any Permitted Leasehold Mortgagee, in the case of any Permitted Leasehold Mortgagee; provided, that upon the request of Landlord, such subordination, nondisturbance and attornment agreement shall be executed by Tenant as well as Landlord and be in substantially the form attached hereto as Exhibit F-2 or as otherwise satisfactory to Tenant and the Facility Mortgagee. Each such subordination, nondisturbance and attornment agreement shall bind such holder of such Facility Mortgage and its successors and assigns as well as any person who acquires any portion of the Leased Property by assign...

Landlord’s Financing. This Lease will automatically be subordinate to any deed of trust, mortgage and other security instruments now existing or hereafter placed on the Premises or any part thereof by the Landlord and all advances made or to be made thereunder. Within ten (10) days of presentation, Tenant will execute, acknowledge, and deliver to Landlord (i) any commercially reasonable subordination or nondisturbance agreement or other instrument that Landlord may require to carry out the provisions of this Section, provided that such agreement will provide that as long as Tenant is not in default after notice and the expiration of any applicable cure period, the holder of such deed of trust, mortgage or other security instrument will not disturb or impair Tenant’s possession of the Premises and its rights under this Lease and (ii) any estoppel certificate requested by Landlord, with any such mortgagee or beneficiary certifying in writing, if such be true, that Tenant will be in occupancy and that the Lease is in full force and effect, and the dates to which the rent and other charges will have been paid, and that there will be no rental offsets or claims.

Landlord’s Financing. So long as Tenant's rights of possession to the Premises will not be disturbed in the absence of a Tenant's Event of Default under this Lease, Tenant shall, upon request, enter into a Subordination, Non-Disturbance and Attornment Agreement ("SNDA") with any Landlord mortgagee in the form customarily required by such mortgagee, provided that such form does not require Tenant to adversely modify its rights or obligations under this Lease. Tenant agrees to provide Landlord's ,mortgagees with copies of notices sent to Landlord pursuant to Section15, upon Landlord's request and pursuant to the SNDA.

Landlord’s Financing. It is understand that LANDLORD must obtain financing satisfactory to LANDLORD in order to make the improvements required, and regardless of any and all other provisions of this Lease, TENANT agrees that LANDLORD shall have from the date of this Lease until the Financing Deadline Date to obtain said financing. In the event LANDLORD shall be unable within said period to obtain such financing on terms acceptable to LANDLORD in its sole discretion, LANDLORD shall have the right and option at any time prior to the Financing Notice Date, to declare this Lease null and void, and upon such declaration this Lease Agreement shall be null and void and of no effect, and both LANDLORD and TENANT shall have no rights hereunder or be subject to any liability of any kind or amount hereunder except that LANDLORD shall forthwith upon such termination return the Security Deposit to TENANT heretofore paid over to LANDLORD pursuant to the provisions of this Lease.

Landlord’s Financing. 10.1 Superiority of Lease 10.2 Subordination 10.3 Assignment for Financing 10.4 Other Instruments -3- 4 .EB3 TAYD 5/24/88 LEASE ----- ARTICLE I - FUNDAMENTAL LEASE PROVISIONS ----------------------------