SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. Section 5 of the Lease is amended to include the following: The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease are conditioned upon the delivery to Lessee by Lessor’s lender of an executed Subordination, Non-Disturbance Attornment Agreement in a form reasonably acceptable to Lessee and consistent with prior practices. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Premises is not subject to any liens of any type or nature except by a Deed of Trust. Notwithstanding anything to the contrary herein, subordination or attornment of this Lease to any present or future mortgagee shall be conditioned upon the holder agreeing that Lessor’s occupancy and quiet enjoyment of the Premises and other rights under this Lease shall not be disturbed by reason of the foreclosure of such mortgage so long as Lessee is not in default under this Lease.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. This Lease shall be subject and subordinate to all present and future ground or underlying leases of the Building or Project and to the lien of any mortgage, trust deed or other encumbrances now or hereafter in force against the Building or Project or any part thereof, if any, and to all renewals, extensions, modifications, consolidations and replacements thereof, and to all advances made or hereafter to be made upon the security of such mortgages or trust deeds, unless the holders of such mortgages, trust deeds or other encumbrances, or the lessors under such ground lease or underlying leases, require in writing that this Lease be superior thereto; provided, however, any such lessor or lender shall enter into an SNDA as provided below or otherwise agree, as set forth in the SNDA, not to disturb Tenant’s possession, occupancy, access or quiet enjoyment of the Premises under this Lease. Tenant covenants and agrees in the event any proceedings are brought for the foreclosure of any such mortgage or deed in lieu thereof (or if any ground lease is terminated), to attorn, without any deductions or set-offs whatsoever, to the lienholder or purchaser or any successors thereto upon any such foreclosure sale or deed in lieu thereof (or to the ground lessor), if so requested to do so by such purchaser or lienholder or ground lessor, and to recognize such purchaser or lienholder or ground lessor as the lessor under this Lease, provided such lienholder or purchaser or ground lessor shall agree to accept this Lease and not disturb Tenant’s occupancy, so long as Tenant timely pays the rent and observes and performs the TCCs of this Lease to be observed and performed by Tenant. Landlord’s interest herein may be assigned as security at any time to any lienholder. Tenant shall, within ten (10) business days of request by Landlord, execute a subordination, non-disturbance and attornment agreement in form and content substantially comparable to that attached to this Lease as Exhibit G, and otherwise reasonably acceptable to Landlord’s mortgage-holder and to Tenant (an “SNDA”) to evidence or confirm the subordination or superiority of this Lease to the lien of any such mortgages, trust deeds, ground leases or underlying leases. Tenant waives the provisions of any current or future statute, rule or law which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of the Tenant hereunder in the event of ...
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease and Lessee’s performance thereunder is conditioned upon the delivery to Lessee by Lessor of an executed Subordination, Non Disturbance Attornment Agreement, signed by Lessor’s lender, in a form reasonably acceptable to Lessee and consistent with commercially reasonable practices (“SNDA”). Lessor represents and warrants to Lessee that as of the date of this Lease, (i) Lessor has good and marketable fee simple title to the Premises, and (ii) that the Premises is not subject to any mortgages or liens of any type or nature except by any future Deed of Trust on the Premisesin Commented [JH11]: Is there an existing mortgage encumbering the Premises? If so, request and provide for review a copy of lender’s form SNDA. favor of for which Lessor agrees to obtain and provide to Lessee a fully executed SNDA, when applicable due to Lessor mortgaging the Premises. Commented [JH12R11]: No current mortgage, but we like the option for obtaining a future mortgage once the building is leased.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagee Rights provision of this lease are conditioned upon the delivery to Lessee by Lessor’s Lender of an executed Subordination, Non Disturbance Attornment Agreement in form reasonably acceptable to Lessee and consistent with prior practices. Lessee agrees to make available annual financial statements for review and such other informational documentation as may be reasonably required by Lessor or Lessor's lender. Lessor represents and warrants to Lessee that as of the date of this Lease, that the Land is not subject to any liens of any type or nature except by a Deed of Trust.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. The Mortgagees Rights and Financial Info provision of this Lease and Lessee’s performance thereunder is conditioned upon the delivery to Lessee by Lessor of an executed Subordination, Non Disturbance Attornment Agreement, signed by Lessor’s lender, in a form reasonably acceptable to Lessee and consistent with commercially reasonable practices (“SNDA”). Lessor represents and warrants to Lessee that as of the date of this Lease, (i) Lessor has good and marketable fee simple title to the Premises, and (ii) that the Premises is not subject to any mortgages or liens of any type or nature except by any future Deed of Trust on the Premises which Lessor agrees to obtain and provide to Lessee a fully executed SNDA, when applicable due to Lessor mortgaging the Premises.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. (See Article Eleven) Sections 11.01 and 11.02 of the Lease are amplified as follows: Tenaxx xxxees that, upon the written request of Landlord or a Lender in connection with the sale, financing or refinancing of the Premises, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement similar in form and content to the form attached to this Lease as Exhibit "A," and such other documents or provisions reasonably required by Lender or Landlord.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. This Lease is subordinate to the lien of any mortgages which are now or at any future time are placed on the Building, the Premises or Landlord's rights under this Lease, and to any renewals, extensions, modifications or consolidations of any mortgage so long as such mortgagee agrees not to disturb Tenant's use and occupancy of the Premises if there is no uncured Event of Default by Tenant. To confirm subordination, Tenant shall execute a Subordination Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit F. Landlord shall obtain any existing mortgagee's signature on such Subordination, Non-Disturbance and Attornment Agreement following execution of this Lease.
SUBORDINATION, NON-DISTURBANCE & ATTORNMENT. 28 Section 10.1 Subordination, Non-Disturbance and Attornment. 28 Section 10.2 Estoppel Certificates. 28 ARTICLE XI. Notices 29
