Landlord's Mortgagee. Tenant acknowledges that Landlord's right, title and interest in, to and under the Premises, this Lease and the rents payable hereunder have been pledged and assigned by Landlord to Indenture Trustee pursuant to the Indenture as collateral security for Bonds issued by Landlord in connection with Landlord's acquisition, expansion or construction of the Premises. Tenant hereby consents to the creation of such lien and security interest and to such assignment. Unless and until Tenant shall have received written notice from Indenture Trustee that such lien, security interest and assignment have been fully terminated, Indenture Trustee shall have the right, but shall not be obligated, following a default by Landlord under such Mortgages (hereinafter defined) which is not cured within any applicable grace or cure period, to exercise the rights of Landlord under this Lease to the extent set forth in and subject in each case to the exceptions set forth in the deeds of trust and mortgages (with assignments of leases and rents) now or hereafter executed by Landlord in favor of Indenture Trustee covering and affecting Landlord's right, title and interest in, to and under this Lease, the Premises and the Main Leases (collectively, the "MORTGAGES"). TO THE EXTENT, IF ANY, THAT THIS LEASE CONSTITUTES CHATTEL PAPER (AS SUCH TERM IS DEFINED IN THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN ANY APPLICABLE JURISDICTION), NO SECURITY INTEREST IN THIS LEASE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY COUNTERPART HEREOF OTHER THAN THE ORIGINAL COUNTERPART, WHICH SHALL BE IDENTIFIED AS THE COUNTERPART CONTAINING THE RECEIPT THEREFOR EXECUTED BY INDENTURE TRUSTEE ON THE SIGNATURE PAGE THEREOF.
Landlord's Mortgagee. If the Building and/or Leased Premises are at any time subject to a ground lease, mortgage, deed of trust or other lien, then in any instance in which Tenant gives notice to Landlord alleging default by Landlord hereunder, Tenant will also simultaneously give a copy of such notice to each Landlord's Mortgagee (provided Landlord or Landlord's Mortgagee shall have advised Tenant of the name and address of Landlord's Mortgagee) and each Landlord's Mortgagee shall have the right (but no obligation) to cure or remedy such default during the period that is permitted to Landlord hereunder, plus an additional period of thirty (30) days, and Tenant will accept such curative or remedial action (if any) taken by Landlord's Mortgagee with the same effect as if such action had been taken by Landlord.
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Landlord's Mortgagee. 17.1 Subordination/Non-Disturbance. Tenant shall, upon request of the holder of a mortgage or deed of trust in the nature of a mortgage, which holder is a commercial or institutional lender ("Mortgagee") subordinate any interest which it has by virtue of this Lease, and any extensions and renewals thereof to any mortgages or deeds of trust placed upon the Leased Premises by Landlord, if and only if such Mortgagee shall execute, deliver and record in the appropriate registry of deeds a Subordination, Non-disturbance and Attornment Agreement in the form attached hereto as Exhibit "E", or in such other form and content generally used in commercial loan transactions and approved by Tenant, such approval not to be unreasonably withheld. Such agreements shall provide by their terms that notwithstanding any foreclosure of such mortgage or deed of trust, Tenant may continue to occupy the Leased Premises during the term of this Lease or any extensions or renewals thereof under the same terms, conditions and provisions of this Lease unless Tenant shall be in default beyond any applicable grace periods provided for herein. Landlord shall at or prior to the Commencement Date, secure from Landlord's present mortgagee of the Premises a non-disturbance agreement in the form attached hereto as Exhibit "E", or in such other form as is reasonably acceptable to Tenant.
Landlord's Mortgagee. A. If the Building or Leased Premises are at any time subject to a lien, mortgage, security interest or deed of trust, then in any instance in which Tenant gives notice to Landlord alleging default by Landlord hereunder, Tenant will also simultaneously give a copy of such notice to each Landlord’s mortgagee (provided, Landlord has given Tenant written notice of each such mortgagee.) and each Landlord’s mortgagee shall have the right (but not obligation) to cure or remedy such default during the period that is permitted to Landlord hereunder, plus an additional period of thirty (30) days, and Tenant will accept such curative or remedial action (if any) taken by any such Landlord’s mortgagee, with the same effect as if such action had been taken by Landlord.
Landlord's Mortgagee. For purposes of this Article, the term "Landlord's Mortgagee" means any party holding a mortgage or deed of trust on the Leased Premises who has given Tenant written notice that such party holds such lien or deed of trust together with notice of the address of such Xxxxxxxx's Mortgagee. A lien held by a Landlord's Mortgagee on the Leased Premises of which Tenant has been given written notice is herein referred to as a "Landlord's Mortgage".
Landlord's Mortgagee. Tenant agrees with Landlord and with the Mortgagee of any mortgage or the beneficiary of any Deed of Trust now or hereafter constituting a lien on the Complex or the Leased Premises ("Landlord's Mortgagee") that any Landlord's Mortgagee shall have the right at any time to elect, by notice in writing given to Tenant, to make this Lease
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Landlord's Mortgagee. Any Landlord's Mortgagee may elect, at any time, unilaterally, to make this Lease superior to its Mortgage, Primary Lease, or other interest in the Premises by so notifying Tenant in writing. The provisions of this Section shall be self-operative and no further instrument of subordination shall be required; however, in confirmation of such subordination, Tenant shall execute and return to Landlord (or such other party designated by Landlord) within ten days after written request therefor a subordination, non-disturbance and attornment agreement, in recordable form if required and on Landlord's Mortgagee's form, as a Landlord's Mortgagee may reasonably request to evidence the subordination of this Lease to such Landlord's Mortgagee's Mortgage or Primary Lease or, if the Landlord's Mortgagee so elects, the subordination of such Landlord's Mortgagee's Mortgage or Primary Lease to this Lease. All costs and expenses charged by Landlord's Mortgagee to provide, draft, negotiate and finalize such documentation shall be paid by Tenant within ten (10) days after Landlord gives to Tenant a reasonably detailed statement therefor, not to exceed $5,000.00 for each such subordination, non- disturbance and attornment agreement.
