SUBORDINATION AND ESTOPPEL CERTIFICATES. Section 18.1 This Lease and all rights of Tenant hereunder are subject and subordinate to all underlying leases now or hereafter in existence, and to any supplements, amendments, modifications, and extensions of such leases heretofore or hereafter made and to any deeds to secure debt, mortgages, or other security instruments which now or hereafter cover all or any portion of the Project or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, replacements, and extensions of any of such mortgages. This provision is declared by Landlord and Tenant to be self- operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, and any mortgagee or lessor of Landlord shall reasonably require. Tenant shall not unreasonably withhold, delay, or defer its written consent to reasonable modifications in this Lease which are a condition of any construction, interim or permanent financing for the Project or any reciprocal easement agreement with facilities in the vicinity of the Building, provided that such modifications do not increase the obligations of Tenant hereunder or materially and adversely affect Tenant’s use and enjoyment of the Premises. This Lease is further subject and subordinate to: (a) all applicable ordinances of any government authority having jurisdiction over the Project, relating to easements, franchises, and other interests or rights upon, across, or appurtenant to the Project; and (b) all utility easements and agreements, now or hereafter created for the benefit of the Project.
SUBORDINATION AND ESTOPPEL CERTIFICATES a. This Lease shall be subject and subordinate at all times to all ground or underlying leases which now exist or may hereafter be executed affecting the Building or any part thereof or the Land, and to the lien of any mortgages or deeds of trust in any amount or amounts whatsoever now or hereafter placed on or against the Building or any part thereof or the Land, or on or against Landlord's interest or estate therein or on or against any ground or underlying lease without the necessity of having further instruments on the part of Tenant to effect such subordination. Upon request of Landlord, Tenant will execute any further written instrument necessary to subordinate its rights hereunder to any such underlying leases or liens. If, at any time, or from time to time during the Term, any mortgagee shall request that this Lease have priority over the lien of such mortgage, and if Landlord consents thereto, this Lease shall have priority over the lien of such mortgage and all renewals, modifications, replacements, consolidations and extensions thereof and all advances made thereunder and interest thereon, and Tenant shall, within ten business (10) days after receipt of a request therefor from Landlord, execute, acknowledge and deliver any and all documents and instruments confirming the priority of this Lease. In any event, however, if this Lease shall have priority over the lien of a first mortgage, this Lease shall not become subject or subordinate to the lien of any subordinate mortgage, and Tenant shall not execute any subordination documents or instruments for any subordinate mortgagee, without the written consent of the first mortgagee. Landlord represents and warrants to Tenant that as of the date of this Lease no mortgage, deed of trust or ground lease encumbers the Building or the Land.
SUBORDINATION AND ESTOPPEL CERTIFICATES. In any circumstance where Sublessor is obligated by the Master Lease to subordinate its lease to a Security Instrument for the benefit of a Security Holder as defined in Section 17 of the Master Lease, and the Master Lessor requires Sublessee to subordinate its Sublease in addition to requiring Sublessor to subordinate its Master Lease, Sublessor shall be obligated to provide Master Lessor a subordination to the same extent Sublessor is required to do so and to attorn to the Security Holder in the same manner Sublessor is required to attorn. Sublessee waives any right to terminate this Sublease in the event of a foreclosure to the same extent Sublessor waives its rights in the Master Lease. In addition, Sublessee grants to Sublessor the same rights of subordination, attornment and waiver as Sublessor grants to Master Lessor for any Security Agreement entered into by Sublessor. In any circumstance where Sublessor is obligated by the Master Lease to provide an estoppel certificate to Master Lessor, Sublessee shall provide an estoppel certificate to Master Lessor. Sublessor shall have the same right to an estoppel certificate from Sublessor as Sublessor grants to Master Lessor. Within five (5) business says after Sublessor’s request, Sublessor shall execute and deliver to Sublessor (i) a subordination and non-disturbance agreement in a form required of Sublessor by Master Lessor or otherwise in a commercially reasonable form; and/or (ii) an estoppel certificate in a form required of Sublessor by Master Lessor or otherwise in a commercially reasonable form and such certificate shall be in favor of such parties as Master Lessor or Sublessor may reasonably designate.
SUBORDINATION AND ESTOPPEL CERTIFICATES. 28.1 This Lease is and shall be subject and subordinated to the lien of any mortgage or mortgages on or affecting the Demised Premises, or any part thereof, at the date hereof, and to any mortgage or mortgages hereafter made affecting the Demised Premises or the land and buildings of which the Demised Premises are a part, and to all renewals, modifications, consolidations, replacements, or extensions thereof, irrespective of the time of recording such mortgage. LANDLORD shall use its best efforts to obtain within thirty (30) days from the date hereof, from its current lender, and from any future lender or other party in question, a written undertaking, in favor of TENANT to the effect that such lender or other party will not disturb TENANT’s right of possession under this Lease if TENANT is not then or thereafter in breach of any covenant or provision of this Lease. The provisions of this subordination shall be self-operative, but if confirmation of this subordination shall, for any reason be necessary, at LANDLORD’s request, TENANT shall execute and deliver such further instruments as may be reasonably desired in confirmation of such subordination. The foregoing provisions of this paragraph are expressly conditioned, with respects to any mortgage placed hereafter, upon any such fee mortgagee executing and delivering to TENANT an agreement, pursuant to which such fee mortgagee shall agree that the leasehold estate granted to TENANT hereunder and the rights of TENANT pursuant to this Lease to quiet and peaceful possession under this Lease will not be terminated, modified, affected or disturbed by any action which any such mortgagee may take to foreclose any such fee mortgage or to enforce the rights or remedies of the holder thereof, so long as an event of default shall not have occurred under this Lease and TENANT shall pay the basic rent, and additional rents, within the applicable grace periods without offsets or defenses thereto, except as otherwise herewith expressly set forth, and shall fully perform and comply with all terms, covenants, conditions and provisions of this Lease on the part of TENANT hereunder to be performed or complied with and shall attorn to such fee mortgagee.
SUBORDINATION AND ESTOPPEL CERTIFICATES. 15 ARTICLE 19
SUBORDINATION AND ESTOPPEL CERTIFICATES. As soon as reasonably practicable after the Closing of the Loan, Borrower shall, using commercially reasonable efforts, deliver to Lender subordination and non-disturbance agreements and estoppel certificates, in form and content acceptable to Lender in Lender’s reasonable discretion, from all tenants of each property in the Portfolio.
SUBORDINATION AND ESTOPPEL CERTIFICATES. Provided that Tenant is not required to waive any of its rights under this Lease and is provided with an agreement from any subsequent Landlord that Tenant’s interest in this Lease and the Premises shall remain undisturbed so long as Tenant is not in default: (a) This Lease is and shall be subject and subordinate to the lien of all present and future mortgages affecting the Land and Building. Tenant shall execute any instrument deemed necessary or desirable by Landlord to evidence such subordination. Landlord may assign this Lease to any mortgagee in connection with any such lien and Tenant shall execute any instrument which may be deemed necessary or desirable by Landlord or the holder of said lien in connection with said assignment.
SUBORDINATION AND ESTOPPEL CERTIFICATES. This Lease is subject and subordinate to the lien of any mortgage or deed of trust now or at any time hereafter placed upon the Land, the Building or the Premises. Tenant hereby agrees to promptly execute any and all instruments (including estoppel certificates) to effect such subordination, or to agree to any change in the order of relative priority of such liens, that the Landlord may from time to time request or require. Tenant agrees to attorn to any successor to Landlord's interest in the Premises, whether by sale, foreclosure or otherwise.
SUBORDINATION AND ESTOPPEL CERTIFICATES. LESSEE agrees that this Lease is and shall always be subordinate to any mortgage, deed of trust, or other instruments of security which have been or shall be placed on land and Building, or land or Building of which the Leased Premises form a part, and such subordination is made effective without further action by LESSEE. At any time and from time to time, LESSEE agrees, upon request in writing, from LESSOR, to execute, acknowledge and deliver to LESSOR a statement in writing certifying, that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications) and dates to which the rent and other charges have been paid. LESSEE agrees to execute any documents required to effectuate such subordination or to make this Lease prior to the lien of any ground Lease, mortgage, deed of trust or Estoppel Certificates, as the case may be, and failing to do so within 10 days after written demand, does hereby make, constitute and irrevocably appoint LESSOR as LESSEE'S attorney in fact and in LESSEE'S name, place, and stead, to do so. (38)
SUBORDINATION AND ESTOPPEL CERTIFICATES. (a) This Lease is and shall be subject and subordinate to the lien of all present and future mortgages affecting the Land and Building. Tenant shall execute any instrument reasonably requested by Landlord to evidence such subordination. Landlord may assign this Lease to any mortgagee in connection with any such lien and Tenant shall execute any instrument which may be deemed necessary or desirable by Landlord or the holder of said lien in connection with said assignment.
