Common use of SUBORDINATION AND NON-DISTURBANCE Clause in Contracts

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with the execution and delivery of any fee mortgage entered into after the date hereof, provided that the Tenant executes and delivers an agreement of the type described in Section 18.2, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents to this Lease, and (ii) agrees that, notwithstanding the terms of the applicable fee mortgage held by such fee mortgagee, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or pursuant to such fee mortgage, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease shall not be disturbed so long as Tenant is not in default hereunder, nor shall this Lease be terminated or cancelled at any time, except in the event that Landlord shall have the right to terminate this Lease under the terms and provisions expressly set forth herein, (b) BCC's option to purchase the Premises shall remain in force and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44.

SUBORDINATION AND NON-DISTURBANCE. 18.1 (a) Concurrently with the execution and delivery of any fee mortgage entered into after the date hereof, provided that the Tenant executes and delivers an agreement of the type described in Section 18.2the following paragraph, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents to this Lease, and (ii) agrees that, notwithstanding the terms of the applicable fee mortgage held by such fee mortgagee, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or pursuant to such fee mortgage, or any transfer in lieu of foreclosure, (aA) Tenant's rights under this Lease shall not be disturbed so long as Tenant is not in default hereunder, nor shall this Lease be terminated or cancelled at any time, except in the event that Landlord shall have the right to terminate this Lease under the terms and provisions expressly set forth herein, (bB) BCC's option to purchase the Premises shall remain in force and effect pursuant to the terms of Section 44the Master Agreement, and (cC) in the event that BCC or its Affiliate elects to exercise its option to purchase the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44the Master Agreement.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with This Lease shall be subject and subordinate to any first mortgage and to any junior mortgage that has been approved by the execution first mortgagee that may now or hereafter be placed upon the Building and/or the Land and delivery of to any fee mortgage entered into after and all advances to be made under such mortgages and to the date hereofinterest thereon, provided and all renewals, extensions and consolidations thereof. Any mortgagee may elect to give this Lease priority to its mortgage, except that the Tenant executes and delivers an agreement of the type described in Section 18.2, Landlord Lease shall obtain and deliver not have priority to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents the prior right, claim and lien of such mortgagees in, to and upon any insurance proceeds and the disposition thereof under the mortgage; (ii) the prior right, claim and lien of such mortgagees in, to and upon any award or compensation heretofore or hereafter to be made for any taking by eminent domain of any part of the Premises, and to the right of disposition thereof under the mortgage; and (iii) any lien, right, power or interest, if any, which may have arisen or intervened in the period between the recording of the mortgages and the execution of this Lease, and (ii) agrees that, notwithstanding or any lien or judgment which may arise any time under the terms of this Lease. In the applicable fee mortgage held event of such election and upon notification by such fee mortgagee, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or pursuant to such fee mortgage, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease shall not be disturbed so long as Tenant is not deemed prior in default hereunder, nor shall this Lease be terminated or cancelled at any time, except in the event that Landlord shall have the right to terminate this Lease under the terms and provisions expressly set forth herein, (b) BCC's option to purchase the Premises shall remain in force and effect pursuant lien to the terms of Section 44said mortgage. This Article X shall be self-operative, but in confirmation thereof, Tenant shall execute and (c) deliver whatever instruments as may be reasonably required by the first mortgagee or junior mortgagee to acknowledge such subordination or priority in a recordable form. Landlord will deliver ..1 subordination and non-disturbance agreement to Tenant on the event that BCC or its Affiliate elects to exercise its option to purchase lenders standard form, if and when a mortgage is placed on the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44property.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with At the execution and delivery of any fee mortgage entered into after request from time to time by one or more Facility Lender, within ten (10) days from the date hereofof request, provided Lessee shall execute and deliver within such ten (10) day period, to such Facility Lender, a written agreement in a form reasonably acceptable to such Facility Lender whereby Lessee subordinates this Lease and all of its rights and estate hereunder to each Facility Instrument that encumbers the Tenant Leased Property or any part thereof and agrees with each such Facility Lender that Lessee will attorn to and recognize such Facility Lender or the purchaser at any foreclosure sale or any sale under a power of sale contained in any such Facility Instrument as the case may be, as Lessor under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease; provided, however, that each such Facility Lender simultaneously executes and delivers an to Lessee a written agreement of the type described in Section 18.2, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents consenting to this Lease, Lease and (ii) agrees agreeing that, notwithstanding the terms any such other mortgage, deed of the applicable fee mortgage held by such fee mortgageetrust, right, title or interest, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or under, pursuant to such fee mortgageor affecting any of the foregoing, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease Lessee shall not be disturbed so long as Tenant is not in default hereunder, peaceful enjoyment of the Leased Property nor shall this Lease be terminated or cancelled canceled at any time, except in the event that Landlord shall have the right to terminate this Lease Lessee is in default under the terms and provisions expressly set forth herein, (b) BCC's option to purchase the Premises shall remain in force and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44this Lease.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with At the execution and delivery of any fee mortgage entered into after request from time to time by one or more Facility Lender, within ten (10) days from the date hereofof request, provided Lessee shall execute and deliver within such ten (10) day period, to such Facility Lender a written agreement in a form reasonably acceptable to such Facility Lender whereby Lessee subordinates this Lease and all of its rights and estate hereunder to each Facility Instrument that encumbers the Tenant Leased Property or any part thereof and agrees with each such Facility Lender that Lessee will attorn to and recognize such Facility Lender or the purchaser at any foreclosure sale or any sale under a power of sale contained in any such Facility Instrument, as the case may be, as Lessor under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease; provided, however, that each such Facility Lender simultaneously executes and delivers an a written agreement of the type described in Section 18.2, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents consenting to this Lease, Lease and (ii) agrees agreeing that, notwithstanding the terms any such other mortgage, deed of the applicable fee mortgage held by such fee mortgageetrust, right, title or interest, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or under, pursuant to such fee mortgageor affecting any of the foregoing, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease Lessee shall not be disturbed so long as Tenant is not in default hereunder, peaceful enjoyment of the Leased Property nor shall this Lease be terminated or cancelled canceled at any time, except in the event that Landlord shall have the right to terminate Lessee is in default under this Lease under the terms and provisions expressly set forth herein, (b) BCC's option to purchase the Premises shall remain in force and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44Lease.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with At the execution and delivery of any fee mortgage entered into after request from time to time by one or more Facility Lender, within ten (10) days from the date hereofof request, provided Lessee shall execute and deliver within such ten (10) day period, to such Facility Lender a written agreement in a form reasonably acceptable to such Facility Lender whereby Lessee subordinates this Lease and all of its rights and estate hereunder to each Facility Instrument that encumbers the Tenant Leased Property or any part thereof and agrees with each such Facility Lender that Lessee will attorn to and recognize such Facility Lender or the purchaser at any foreclosure sale or any sale under a power of sale contained in any such Facility Instrument, as the case may be, as Lessor under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease; provided, however, that each such Facility Lender simultaneously executes and delivers an to Lessee a written agreement of the type described in Section 18.2, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents consenting to this Lease, Lease and (ii) agrees agreeing that, notwithstanding the terms any such other mortgage, deed of the applicable fee mortgage held by such fee mortgageetrust, right, title or interest, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or under, pursuant to such fee mortgageor affecting any of the foregoing, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease Lessee shall not be disturbed so long as Tenant is not in default hereunder, peaceful enjoyment of the Leased Property nor shall this Lease be terminated or cancelled canceled at any time, except in the event that Landlord shall have the right to terminate this Lease Lessee is in default under the terms and provisions expressly set forth herein, (b) BCC's option to purchase the Premises shall remain in force and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44this Lease.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with At the execution and delivery of any fee mortgage entered into after request from time to time by one or more Facility Lenders, within ten (10) Business Days from the date hereofof request, provided Lessee shall execute and deliver within such ten (10)-Business Day period, to such Facility Lender, an estoppel certificate along with a written agreement in form and content reasonably acceptable to such Facility Lender whereby Lessee subordinates this Lease and all of its rights and estate hereunder to each Facility Instrument that encumbers the Tenant Leased Property or any part thereof and agrees with each such Facility Lender that Xxxxxx will attorn to and recognize such Facility Lender or the purchaser at any foreclosure sale or any sale under a power of sale contained in any such Facility Instrument, as the case may be, as Lessor under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease, including the Purchase Option; provided, however, that each such Facility Lender simultaneously executes and delivers an to Lessee a written agreement of the type described in Section 18.2, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents consenting to this Lease, Lease and (ii) agrees agreeing that, notwithstanding the terms any such other mortgage, deed of the applicable fee mortgage held by such fee mortgageetrust, right, title or interest, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or under, pursuant to such fee mortgageor affecting any of the foregoing, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease Lessee shall not be disturbed so long as Tenant is not in default hereunder, peaceful enjoyment of the Leased Property nor shall this Lease be terminated or cancelled at any time, except in the event that Landlord shall have the right to terminate this Lease upon an Event of Default under the terms and provisions expressly set forth herein, (b) BCC's option to purchase the Premises shall remain in force and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase the Premises and performs all of its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44this Lease.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with Except as provided below, this Lease is subject and subordinate to all mortgages and deeds of trust which now or may hereafter affect the execution Property or any portion thereof, to all covenants, conditions, and delivery restrictions and other matters of record pertaining to the Property, and to all renewals, modifications, consolidations, replacements and extensions of the foregoing, without the necessity of any fee mortgage entered into after further documentation evidencing such subordination. Notwithstanding the date hereofforegoing, provided that on the Tenant executes and delivers an agreement of the type described in Section 18.2Commencement Date, Landlord shall covenants and agrees to obtain a subordination, non-disturbance and deliver to Tenant an attornment agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents from any holder of a deed of trust or mortgage on the Property (“Holder”) in place as of the date of this Lease with respect to this Leasethe Property in recordable form, and (ii) Tenant agrees that, notwithstanding the terms of the applicable fee mortgage held by such fee mortgagee, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or pursuant to such fee mortgage, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease shall not be disturbed so long as Tenant is not in default hereunder, nor shall this Lease be terminated or cancelled at any time, except in the event that Landlord execute and shall have the right to terminate record, a subordination, non-disturbance and attornment agreement in such lender’s then customary form recognizing Tenant’s rights under this Lease under the terms and provisions expressly set forth hereinLease, (b) BCC's including its option to purchase the Premises shall remain in force extend and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase and (ii) as a condition to the Premises subordination of this Lease to any mortgage, deed of trust or ground or underlying lease arising after the date of this Lease, Landlord shall deliver to Tenant in recordable form, and performs all of Tenant agrees to execute and shall have the right to record, a subordination, non-disturbance and attornment agreement in such lender’s then customary form recognizing Tenant’s rights under this Lease, including its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release option to extend and its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44option to purchase.

SUBORDINATION AND NON-DISTURBANCE. 18.1 Concurrently with Except as provided below, this Lease is subject and subordinate to all mortgages and deeds of trust which now or may hereafter affect the execution Property or any portion thereof, to all covenants, conditions, and delivery restrictions and other matters of record pertaining to the Property, and to all renewals, modifications, consolidations, replacements and extensions of the foregoing, without the necessity of any fee mortgage entered into after further documentation evidencing such subordination. Notwithstanding the date hereofforegoing, provided that the Tenant executes and delivers an agreement of the type described in Section 18.2, Landlord shall obtain and deliver to Tenant an agreement by the holder of such fee mortgage, pursuant to which, the applicable fee mortgagee (i) consents on the Commencement Date, Landlord covenants and agrees to obtain a subordination, non-disturbance and attonment agreement (i)from any holder of a deed of trust or mortgage on the Property (“Holder”) in place as of the date of this LeaseLease with respect to the Property in recordable form, and (ii) Tenant agrees that, notwithstanding the terms of the applicable fee mortgage held by such fee mortgagee, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under or pursuant to such fee mortgage, or any transfer in lieu of foreclosure, (a) Tenant's rights under this Lease shall not be disturbed so long as Tenant is not in default hereunder, nor shall this Lease be terminated or cancelled at any time, except in the event that Landlord execute and shall have the right to terminate record, a subordination, non-disturbance and attornment agreement in such lender’s then customary form recognizing Tenant’s rights under this Lease under the terms and provisions expressly set forth hereinLease, (b) BCC's including its option to purchase the Premises shall remain in force extend and effect pursuant to the terms of Section 44, and (c) in the event that BCC or its Affiliate elects to exercise its option to purchase and (ii) as a condition to the Premises subordination of this Lease to any mortgage, deed of trust or ground or underlying lease arising after the date of this Lease, Landlord shall deliver to Tenant in recordable form, and performs all of Tenant agrees to execute and shall have the right to record, a subordination, non-disturbance and attornment agreement in such lender’s then customary form recognizing Tenant’s rights under this Lease, including its obligations hereunder in connection with any such election, the holder of the fee mortgage shall release option to extend and its fee mortgage upon payment by BCC or its Affiliate of the purchase price required under Section 44option to purchase.