Subordination, Nondisturbance and Attornment. 17.1 Without the necessity of any additional document, this Lease shall be subject and subordinate at all times to: (a) all reciprocal easement agreements and all ground leases or underlying leases which may now exist or hereafter be executed affecting the Building or the Real Property or both, and (b) the lien of any mortgage or deed of trust which may now exist or hereafter be executed in any amount for which the Building, Real Property, ground leases or underlying leases, or Landlord's interest or estate in any of said items, is specified as security. Notwithstanding the foregoing, Landlord shall have the right to subordinate or cause to be subordinated to this Lease any of the items referred to in clause (a) or (b) above. In the event that any ground lease or underlying lease terminates for any reason or any mortgage or deed of trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, Tenant, provided its rights to the Premises shall not be disturbed, shall, notwithstanding any subordination, attorn to and become the tenant of the successor in interest to Landlord, at the option of such successor in interest. Tenant expressly waives the effect of any current or future statute, rule or law which may give or purport to give Tenant any right or election to terminate the Lease if any foreclosure proceeding or sale occurs. The provisions of this Section 17 shall be self-operative and no further instrument shall be required; provided, however, Tenant covenants and agrees if requested to execute and deliver an attornment agreement, in a form customarily used by the applicable lienholder, and any other additional documents evidencing the priority or subordination of this Lease with respect to ground leases, underlying leases, reciprocal easement agreements or similar documents or instruments, or the lien of any such mortgage or deed of trust.
Subordination, Nondisturbance and Attornment. The Leases are and at all times shall be subject and subordinate in all respects to this Mortgage, and to all renewals, modifications, amendments, consolidations, replacements, refinancings and extensions of this Mortgage, to the full extent of all principal, interest and all other amounts secured hereby. Provided that a tenant is not in default under its Lease, Mortgagee shall not disturb the occupancy of such tenant under its Lease during the term of such Lease, notwithstanding foreclosure of this Mortgage, acceptance of a deed in lieu of foreclosure or exercise of any other remedy provided herein, or pursuant to the laws of the State of South Carolina. If requested by a tenant under any of the Leases or upon Mortgagee's request, Mortgagor shall enter into a subordination, nondisturbance and attornment agreement (reasonably acceptable in form and substance to Mortgagee) with such tenant whereby Mortgagee will agree to not disturb the tenant in its possession of the Property provided such tenant is not in default under its Lease and the tenant will agree to attorn to Mortgagee if Mortgagee takes possession of the Property.
Subordination, Nondisturbance and Attornment. 12 ARTICLE XVII SIGNS............................................................13
Subordination, Nondisturbance and Attornment. This Lease will be subject and subordinate to any mortgage, deed of trust, ground lease or sale-leaseback now placed upon the Premises by Landlord, and to amendments, renewals and extensions thereof. Landlord must obtain from any holder of any mortgage, deed of trust, ground lease, or sale-leaseback interest which has priority over this Lease at the time of execution of this Lease and recording of the Memorandum of Lease a Non-disturbance Agreement on the form attached to this Lease as EXHIBIT F or such other form as is acceptable to Tenant (an "NDA") and if Landlord does not do so before the Original Commencement Date, all Rent will be forgiven from the Original Commencement Date through the date that Landlord delivers such NDA, executed by such holder and Landlord, to Tenant. Tenant agrees to subordinate this Lease to any mortgage, deed of trust, ground lease, or sale-leaseback interest placed upon the Premises by Landlord after the Original Commencement Date and to any amendments, renewals, and extensions thereof upon the condition that the holder of the instrument to which this Lease is subordinated has given Tenant an NDA upon the form attached as EXHIBIT F or such other form as is acceptable to Tenant.
Subordination, Nondisturbance and Attornment. This Agreement shall be subject and subordinate to the lien of all mortgages, deeds of trust or other security instruments now or hereafter placed on or against Licensor’s interest herein, and Licensee shall, at Licensor’s request, promptly execute any required or appropriate certificate, subordination agreement or other document evidencing or confirming such subordination; provided, however, that such mortgagee or beneficiary named in any such mortgage, deed of trust or security instrument executes and delivers to Licensee, for its benefit, a nondisturbance agreement providing, in essence, that so long as Licensee is not in default under this Agreement, neither this Agreement nor any of Licensee’s rights hereunder shall be terminated as a result of any trustee’s sale or proceeding to foreclose any such mortgage, deed of trust or security instrument. In the event of any such trustee’s sale, foreclosure or deed-in-lieu thereof, Licensee hereby covenants and agrees to attorn to any successor to Licensor’s interest herein and this Agreement shall continue as a direct license agreement between Licensee and Licensor’s successor, subject to all of the terms and conditions set forth herein.
Subordination, Nondisturbance and Attornment. This Agreement shall not be a lien against the Leased Premises in respect to any mortgages and security agreements placed or hereafter to be placed by Lessor upon the Leased Premises. The recording of such mortgages and security agreements shall have preference and precedence and be superior and prior in lien to this Agreement, irrespective of the date of recording, and Lessee agrees to execute any instruments, without cost, which may be deemed necessary or desirable to further effect the subordination of this Agreement. Lessor shall make a reasonable effort to obtain from any mortgagees or lenders holding an interest in the nature of a mortgage in the Leased Premises an agreement that the mortgagee or lender shall not disturb Lessee's quiet possession in the event of foreclosure. If any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Lessor encumbering the Leased Premises, Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease.
Subordination, Nondisturbance and Attornment. Upon request of Landlord, Tenant agrees to execute and deliver a written agreement subordinating this Lease and Tenant’s rights under this Lease to the lien of any real estate mortgage on the Premises (a “Real Estate Mortgage”) granted by Landlord to a mortgagee (a “Real Estate Mortgagee”); provided, however, that any such written agreement (an “SNDA”) shall provide (i) that so long as there is not outstanding a Tenant’s Default, the leasehold estate of the Tenant, its successors and assigns, created under this Lease and Tenant’s peaceful and quiet possession, use, and enjoyment of the Premises shall be undisturbed by any foreclosure of said Real Estate Mortgage, and (ii) Tenant shall attorn and recognize the Real Estate Mortgagee as landlord hereunder. Such SNDA shall be subject to Tenant’s reasonable approval of such form(s), which shall be consistent with this paragraph. Additionally, all SNDAs shall provide that in the event Tenant mortgages or assigns its interest in the Lease as collateral security or proposes to mortgage or assign its interest in the Lease as collateral security (any such leasehold mortgage or collateral lease assignment referred to herein as a “Leasehold Mortgage”) to a lender or any other party extending credit to the Tenant, and the holder of the Leasehold Mortgage (a “Leasehold Mortgagee”) requests that the Real Estate Mortgagee execute and deliver a non-disturbance agreement in favor of the Leasehold Mortgagee, wherein the Real Estate Mortgagee shall agree that, provided the Tenant is not in default under the terms and conditions of the Lease, (i) the Real Estate Mortgagee will not disturb the Leasehold Mortgage, and (ii) if Tenant is in default under the Lease, the Real Estate Mortgagee shall deliver to the Leasehold Mortgagee written notice of such default by Tenant and shall agree that the Leasehold Mortgagee shall have the right, but not the obligation, to cure any such default on behalf of the Tenant within thirty (30) days following receipt of such notice of default, then the Landlord shall take reasonable steps to have Real Estate Mortgagee execute and deliver such non-disturbance agreement in favor of the Leasehold Mortgagee. Landlord, however, shall in no way be responsible or obligated for Real Estate Mortgagee’s refusal to deliver such an agreement.
Subordination, Nondisturbance and Attornment. A. Manager agrees that this Agreement, and any extensions, renewals, replacements or modifications to it, and all right and interest of Manager in and to the Hotels shall, at the option of any mortgagee pursuant to any Refinancing, be subject and subordinate to such mortgage provided that such mortgagee agrees in writing, in an instrument recordable in each jurisdiction in which a Hotel is located that is reasonably acceptable to Manager's counsel and has been previously approved in writing by Manager's counsel, that in the event the mortgagee or any other party comes into possession of any of the Hotels by virtue of a foreclosure, deed or assignment in lieu of foreclosure or other transfer pursuant to such mortgage, Manager shall not be disturbed in its rights hereunder so long as Manager is not in material default hereunder.
Subordination, Nondisturbance and Attornment. (SEP 1999) - 552.270-23
Subordination, Nondisturbance and Attornment. This Lease is subject and subordinate to:
