Lease Subordinate. (a) This Lease shall be subject and subordinate to each and every Superior Lease and to each and every Mortgage. This clause shall be self-operative and no further instrument of subordination shall be required from Tenant to make the interest of any Lessor or Mortgagee superior to the interest of Tenant hereunder; however, Tenant shall execute and deliver promptly an instrument, in recordable form, that Landlord, any Mortgagee or Lessor reasonably may request to evidence and confirm such subordination. Tenant shall not knowingly do anything that would constitute a default under any Superior Lease or Mortgage, or knowingly omit to do anything that Tenant is obligated to do under the terms of this Lease so as to cause Landlord to be in default thereunder. If, in connection with the financing of the Real Property, the Building or the interest of the lessee under any Superior Lease, or if in connection with the entering into of a Superior Lease, any lending institution or Lessor shall request reasonable modifications of this Lease that do not increase Tenant's monetary obligations under this Lease, or adversely affect or diminish the rights, or increase the other obligations of Tenant under this Lease, Tenant shall make such modifications. A requirement that Tenant give notice of any default on the part of Landlord to any Mortgagee or Lessor and a reasonable opportunity to cure such default shall not be deemed to increase the obligations of Tenant under this Lease.
Appears in 2 contracts
Sources: Office Lease (Tufin Software Technologies Ltd.), Office Lease (Tufin Software Technologies Ltd.)
Lease Subordinate. (a) This The rights of Tenant under this Lease and Tenant's leasehold interest shall be subject and subordinate at all times to: (i) all ground leases or underlying leases which may now exist or hereafter be executed affecting the Building, the Lot, or any other portion of the Project, and (ii) the lien of any mortgage or deed-of trust which may now or hereafter exist for which the Adjacent Park (until the Lot is created), Building, the Lot, ground leases or underlying leases, any other portion of the Project or Landlord's interest or estate in any of said items is specified as security; provided, however, the holder of such interest shall agree in writing to each and every Superior recognize the Tenant's right of possession under this Lease and to each and every Mortgage. This clause shall be self-operative and no further instrument of subordination shall be required from Tenant to make the interest of any Lessor or Mortgagee superior to the interest of Tenant hereunder; however, Tenant shall execute and deliver promptly an instrument, in recordable form, that Landlord, any Mortgagee or Lessor reasonably may request to evidence and confirm such subordination. Tenant shall not knowingly do anything that would constitute a default under any Superior Lease or Mortgage, or knowingly omit to do anything that Tenant is obligated to do under the terms of terminate this Lease so long as to cause Landlord to be Tenant is not in default thereunderunder this Lease beyond the period provided for the cure of such default, if any. If, in connection with the financing An agreement executed by Tenant subordinating this Lease to any of the Real Propertyforegoing is herein referred to as a "Subordination Agreement". Except as expressly provided therein, no Subordination Agreement shall limit lender's rights under the Building mortgage or deed of trust or other loan documents relating thereto. Lease Superior at Lender's Request. Notwithstanding the interest of the lessee under foregoing, Landlord or any Superior Leaseground lessor, mortgagee, or if in connection with any beneficiary shall have the entering into of a Superior Lease, any lending institution or Lessor shall request reasonable modifications of right to require this Lease that do not increase Tenant's monetary obligations under this Lease, or adversely affect or diminish the rights, or increase the other obligations of Tenant under this Lease, Tenant shall make such modifications. A requirement that Tenant give notice of any default on the part of Landlord be superior to any Mortgagee such ground leases or Lessor and a reasonable opportunity to cure underlying leases or any such default shall not be deemed to increase the obligations liens, mortgage or deed of Tenant under this Leasetrust.
Appears in 1 contract
Sources: Lease Agreement (Cell Genesys Inc)