Nondisturbance and Attornment Agreement Sample Clauses

Nondisturbance and Attornment Agreement. Prior to the execution of this Lease, Landlord shall use reasonable efforts to cause the Lessor under the Master Ground Lease to execute, have acknowledged and deliver to Tenant, for its benefit and the benefit of any assignee pursuant to a Permitted Assignment (as defined in Section 17.1.A below), a Nondisturbance and Attornment Agreement substantially in the form attached to this Lease as Exhibit "C", pursuant to which, among other things, the Lessor under the Master Ground Lease shall (i) consent to and agree to be bound by the option to purchase set forth in Section 3.3 below and the condemnation provisions set forth in Article 15 below, (ii) (intentionally omitted), (iii) certify that the Master Ground Lease is free from default and that this Lease constitutes a Permitted Sublease under the terms of the Master Ground Lease, (iv) agree that notwithstanding any breach or default by Landlord under the Master Ground Lease, it will honor this Lease and not disturb the rights of Tenant hereunder, provided that there is not then in existence an Event of Default, and (v) agree that Tenant shall not be bound by any amendment or modification made to the Master Ground Lease which materially and adversely affects Tenant or the Premises if such amendment or modification is made without the prior written consent of Tenant. If Landlord is unable to obtain said Nondisturbance and Attornment Agreement, or if said Nondisturbance and Attornment Agreement is delivered but deviates from the requirements of Exhibit "C" in some material respect (as determined by Tenant), Tenant may either (i) waive strict conformance with this Section 2.5 and execute this Lease, whereupon the other provisions of the Lease shall have full force and effect, or (ii) refuse to execute this Lease, whereupon this Lease shall have no force or effect and neither Landlord nor Tenant shall have any liability one to the other.
Sample 1
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Nondisturbance and Attornment Agreement. Prepared By: Xxxxxx X. Xxxxxx, Esq. 0 Xxxxxx Xxxxxx Xxxxxx, XX, 00000 (000)000-0000 Return To:
Sample 1
Nondisturbance and Attornment Agreement. It shall be a condition precedent to the lease commencement date, and LESSEE's possession of the premises as well as LESSEE's commencement of payment of rental, that LESSOR shall have obtained a nondisturbance agreement from all mortgagees and senior lessors of the property with respect to this Lease Agreement. The LESSEE shall join in such nondisturbance agreement and shall agree to attorn to the holders of any such mortgages or leases in the event they become the LESSOR under the Lease. Such nondisturbance and attornment agreement shall be in a form customarily used in Broward County, Florida.
Sample 1
Nondisturbance and Attornment Agreement. So long as the Tenant is not --------------------------------------- in default under the Lease in the payment of rent or in the observance or performance of any of the terms, covenants or conditions of the Lease on the Tenant's part to be observed and performed:
Sample 1
Nondisturbance and Attornment Agreement. Landlord is the Grantor under the following Leasehold Deeds of Trust and Assignment of Leases and Rents recorded in the real property records of Ada County, Idaho in favor of German American Capital Corporation, a Maryland corporation, ("Lender"): $35,430,000 Deed of Trust Recorded December 1, 1998 as Instrument No. 98115292 $114,570,000 Junior Deed of Trust Recorded December 1, 1998 as Instrument No. 98115295 $85,00,000 Third Deed of Trust Recorded October 28, 1999 as Instrument No. 99105435 Assignor will use its best efforts to obtain from Lender and deliver to Assignee simultaneously with the execution of this Assignment the Nondisturbance and Attornment Agreement attached hereto as Exhibit E.
Sample 1
Nondisturbance and Attornment Agreement. Within sixty (60) days following the Site Plan Approval Date, Landlord shall obtain from Landlord’s lender an agreement that Tenant’s rights to possession will not be disturbed so long as Tenant is not in default beyond the expiration of applicable grace periods under the Lease, which agreement shall be on such lender’s customary form, subject to such reasonable changes that Tenant may negotiate.
Sample 1
Nondisturbance and Attornment Agreement. Master Lessor hereby agrees that in the event of any termination of the Master Lease, the Sublease shall not be terminated, nor shall the use, possession or enjoyment of the Sublease Premises by the sublessee thereunder be disturbed, nor shall the subleasehold estate created by the Sublease be affected in any other manner so long as no default exists, and no other event has occurred, which has continued to exist for such period of time (after notice and expiration of any grace periods required by the Sublease or by Article III of this Consent), as would entitle Sublessor, pursuant to the Sublease, to terminate the Sublease, or would cause, without any further action by Sublessor, termination of the Sublease or would entitle Sublessor to dispossess the sublessee thereunder. Owner Trustee hereby attorns to Master Lessor, such attornment to be effective and self-operative upon Master Lessor's succeeding to the interest of Sublessor under the Sublease without the execution of any further instrument. The respective rights and obligations of Master Lessor and the sublessee under the Sublease upon such attornment for the balance of the term of the Sublease and any extensions or renewals thereof shall be the same as now set forth in the Sublease, as amended by this Consent.
Sample 1
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Related to Nondisturbance and Attornment Agreement

  • SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as EXHIBIT J. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as EXHIBIT J executed by Landlord and the Lender named therein, in recordable form, to Tenant as soon as reasonably possible but not later than ninety (90) days after the date of this Lease. Landlord shall use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's Mortgagee in the form attached hereto as EXHIBIT J or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as EXHIBIT J or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). Notwithstanding any other provision of this Lease, the subordination of this Lease to any Mortgage under Section 12.(a) and the Attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon such future Landlord's Mortgagee's execution and delivery of a Non-Disturbance Agreement.

  • Subordination, Non-Disturbance and Attornment In the event that Landlord places any Facility Mortgage on the Leased Property, Tenant agrees to promptly enter into, execute and deliver to the requesting party a commercially reasonable subordination, non-disturbance and attornment agreement with any such Facility Mortgagee, which shall acknowledge that this Lease, Tenant's interest hereunder and Tenant's leasehold interest in and to the Leased Property are junior, inferior, subordinate and subject in right, title, interest, lien, encumbrance, priority and all other respects to the lien of any Facility Mortgage or Mortgages now or hereafter in force and effect upon or encumbering Landlord's interest in the Leased Property, or any portion thereof, and to all collateral assignments by Landlord to any third party or parties of any of Landlord's rights under this Lease or the rents, issues and profits thereof or therefrom as security for any liability or indebtedness, direct, indirect or contingent, of Landlord to such third party or parties, and to all future modifications, extensions, renewals, consolidations and replacements of, and all amendments and supplements to any such mortgage, mortgages or assignments; provided such lender agrees not to disturb Tenant's occupancy of the Leased Property or its rights under this Lease as long as there is no existing and continuing Event of Default. If, within fifteen (15) days following Tenant's receipt of a written request by Landlord or the holder or proposed holder of any such Facility Mortgage, Tenant shall fail or refuse or shall have not executed any such subordination, non-disturbance and attornment agreement, Tenant shall be in breach and default of its obligation to do so and of this Lease and Landlord shall be entitled thereupon to exercise any and all remedies available to Landlord pursuant to this Lease or otherwise provided by law.

  • Subordination Attornment Non Disturbance Sublessee agrees that the Sublease shall be subordinate to the lien of any mortgages, deeds of trust or ground leases now or hereafter placed against the Property or Building (as those terms are defined in the Master Lease), and to all renewals and modifications, supplements, consolidations, and extensions thereof. Notwithstanding the foregoing, Lessor reserves the right, to subordinate, or cause to be subordinated, any such mortgage, deed of trust or ground lease to the Sublease. Upon a foreclosure or conveyance in lieu of foreclosure under such mortgage or deed of trust, or a termination of such ground lease, Sublessee shall attorn to and recognize such successor as Lessor under the Master Lease. Sublessee shall execute and deliver on request and in the form requested by Lessor, any instruments reasonably necessary or appropriate to evidence, effect or confirm such subordination provided that such agreement (i) shall provide Sublessee’s rights under the Sublease shall not be disturbed so long as Sublessee is not in default under the Sublease beyond applicable notice and cure periods, (ii) shall not materially modify the Sublease in any respect, (iii) shall not materially increase Sublessee’s obligations or decrease Sublessee’s rights under the Sublease. Should Sublessee fail to sign and return any such documents that comply with this Section or to provide specific written objections to such documents stating in particular how the documents fail to comply with this Sublease within ten (10) days of request, Sublessee shall be in default. Lessor agrees to make a good faith effort to obtain nondisturbance agreements.

  • Nondisturbance So long as Tenant complies with the provisions of this Agreement, pays all rents and other charges as specified in the Lease and is not otherwise in default (beyond applicable notice and cure periods) of any of its obligations and covenants pursuant to the Lease, Collateral Agent agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an “Acquiring Party”), that Tenant’s possession of the Leased Premises as described in the Lease will not be disturbed during the term of the Lease by reason of a foreclosure. For purposes of this Agreement, a “foreclosure” shall include (but not be limited to) a sheriffs or trustee’s sale under the power of sale contained in the Security Instruments, the termination of any superior lease of the Property and any other transfer of the Landlord’s interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

  • Non-Disturbance Agreement (a) If Owner mortgages, charges or otherwise encumbers the Site, Owner shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement executed by the mortgagee of the Site, permitting Project Co, Lender and Xxxxxx’s Consultant to access and use the Site under the licence granted pursuant to Section 9.1(a) and the Lender’s Direct Agreement, respectively, free from interference from the mortgagee or any person claiming by or through the mortgagee. This Section 9.5 shall not apply in respect of any portion of the Site or Facility used or developed pursuant to Section 9.2(b) if neither the licence granted pursuant to Section 9.1(a) nor the Work pertain to such portion of the Site.

  • Non-Disturbance Agreements Lender shall enter into, and, if required by applicable law to provide constructive notice or requested by a Tenant, record in the county where the subject Property is located, a subordination, attornment and non-disturbance agreement, substantially in form and substance substantially similar to the form attached hereto as Exhibit K (a “Non-Disturbance Agreement”), with any Tenant (other than an Affiliate of Borrower) entering into a New Lease permitted hereunder or otherwise consented to by Lender within ten (10) Business Days after written request therefor by Borrower, provided that, such request is accompanied by an Officer’s Certificate stating that such Lease complies in all material respects with this Section 8.7. All reasonable third party costs and expenses incurred by Lender in connection with the negotiation, preparation, execution and delivery of any Non-Disturbance Agreement, including, without limitation, reasonable attorneys’ fees and disbursements, shall be paid by Borrower (in advance, if requested by Lender).

  • Governing Law; Attornment This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and the Guarantor hereby irrevocably attorns to the jurisdiction of the courts of Ontario.

  • Attornment Subject to the non-disturbance provisions of Paragraph 30.3, Lessee agrees to attorn to a Lender or any other party who acquires ownership of the Premises by reason of a foreclosure of a Security Device, and that in the event of such foreclosure, such new owner shall not: (i) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership, (ii) be subject to any offsets or defenses which Lessee might have against any prior lessor, or (iii) be bound by prepayment of more than one month's rent.

  • Subordination and Attornment This Lease shall be subject and subordinate to any existing mortgage or mortgages or to any future mortgage or mortgages, or to any renewal, replacement or extension of any existing or future mortgage or mortgages that are currently or may in the future become a lien on the Premises, provided, however, that the mortgagee of any such existing or future mortgage agrees not to terminate this Lease, or disturb Tenant’s possession of the Premises, or do anything which will adversely affect the rights of Tenant hereunder, so long as Tenant pays the rent, and observes and performs all of the other obligations, provisions, covenants and conditions required of Tenant by this Lease, and Txxxxx agrees to execute whatever instruments may be required to effect such subordination. For the purposes of this Section, a mortgage shall be defined as any financing document representing an interest in the Premises, including, but not limited to, a Mortgage, Deed of Trust, or Land Contract. Further, Txxxxx acknowledges and agrees that, if Lxxxxx shall succeed to the interest of Landlord under this Lease, Tenant shall be bound to Lender as Landlord, from and after Lxxxxx’s succession to the interest of Landlord under the Lease, and Lxxxxx shall have the same remedies against Tenant for the breach of any agreement contained in the Lease as are available thereunder to Landlord. Tenant hereby agrees to assign over and pay to Lender all rents due and owing under this Lease subsequent to Lxxxxx’s succession to the interests of Landlord.

  • Subordination; Attornment Landlord shall be entitled from time to time to place a Fee Mortgage (as defined herein) on any part of the Campus, including on the Property. As used herein, a “Fee Mortgage” shall mean any mortgage or trust deed which now or hereafter is a lien on the entire fee simple title to the Property, or any part thereof, as the same may be renewed, modified, amended, extended, consolidated or coordinated from time to time. As a condition to the placement of any such Fee Mortgage, any Fee Mortgagee (as defined herein) shall execute and deliver to and in favor of Tenant (and any Leasehold Mortgagee) an agreement to the effect that, if there shall be a foreclosure of such Fee Mortgage, such Fee Mortgagee will not in any other way foreclose Tenant from its rights, evict Tenant, disturb Tenant’s possession under this Lease, or terminate or disturb Tenant’s leasehold estate or rights hereunder except in the event of a Tenant Default (any such agreement, or any agreement of similar import, from a Fee Mortgagee being hereinafter called a “Nondisturbance Agreement”). This Lease shall be subject and subordinate to each and every Fee Mortgage which may now or hereafter affect the Property, or any part thereof, and to all renewals, extensions, supplements, amendments, modifications, consolidations and replacements thereof or thereto, substitutions therefor, and advances made thereunder, with respect to which Fee Mortgage, Tenant shall have received a Nondisturbance Agreement. In confirmation of such subordination, Tenant shall execute and deliver promptly any certificate that Landlord reasonably may request. Tenant shall not do or 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 under any Fee Mortgage.

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