Common use of SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES Clause in Contracts

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.

Appears in 2 contracts

Samples: Angion Biomedica Corp., Angion Biomedica Corp.

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SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 6.01. This leaseLease, and all rights of Tenant hereunder, hereunder are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements replacements, and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-self- operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any an instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages” and ", the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that ", and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to in Section 7.02is sometimes hereinafter called a "superior mortgagee."

Appears in 1 contract

Samples: Life Medical Sciences Inc

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land Land, the Building and/or the Building Unit now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or Land, the Building Building, the Unit and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages, provided Tenant has received an SNDA (as defined below) from the applicable ground lessor or mortgagee. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Landlord shall provide to Tenant acknowledges that from the current lender is holder of any superior leases and/or superior mortgages, an executed subordination and non-disturbance agreement (the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (MetLifeSNDA”) in the form then currently utilized by the respective holder and provided same is reasonably satisfactory to Tenant, Tenant agrees to countersign same. Landlord represents and warrants that this shall constitute written notice as of such holder of a the date hereof, there are no superior mortgage as referred leases or superior mortgages in effect with respect to in Section 7.02the Demised Premises.

Appears in 1 contract

Samples: Lease (American Realty Capital New York Recovery Reit Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as "superior leases" and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as "superior mortgages" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a "lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02".

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.

Appears in 1 contract

Samples: Lease (Hearst Argyle Television Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 11.1. This leaseLease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages, except that with respect to all such mortgages and leases entered into hereafter, this Lease shall be subject and subordinate thereto only if the holder thereof (in the case of a mortgage) or the lessor thereunder (in the case of a lease) enters into an agreement with Tenant providing in substance that so long as no default exists as would entitle Landlord to terminate this Lease, Tenant's leasehold estate hereunder shall not be terminated or disturbed nor shall Tenant's rights hereunder be affected. This Section 11.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that ," and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to in Section 7.02is sometimes hereinafter called a "holder."

Appears in 1 contract

Samples: Agreement of Lease (Pimco Advisors Holdings Lp)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This leaseSublease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leasesleases (including the Existing Superior Lease), overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section , provided, however, Tenant’s subordination to any superior lease (as hereinafter defined) not in existence on the Effective Date shall be self-operative and no further instrument conditioned upon Tenant’s receipt of subordination shall be required. In confirmation a commercially reasonable SNDA (as defined in Section 7.04) from the holder of such subordination, superior lease. Tenant shall promptly agrees to execute and deliver any instrument that Landlord, the lessor of any such lease (including the Existing Superior Lease) or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordinationsubordination within fifteen (15) days after such request. The leases to which this lease Sublease is, at the time referred to, subject and subordinate pursuant to this Article Article, including the Existing Superior Lease, are hereinafter sometimes referred to as “superior leases,and the mortgages to which this lease Sublease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages,” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor.. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.

Appears in 1 contract

Samples: Attornment Agreement (Jetblue Airways Corp)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This leaseLease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. In the event Tenant fails to execute and deliver to Landlord such instrument within thirty (30) days of request therefor, Landlord may, but shall not be obligated to, execute such instrument for and on behalf of Tenant as its attorneys-in-fact. In acknowledgment thereof, Tenant hereby appoints Landlord as its irrevocable attorneys-in-fact coupled with an interest solely to execute and deliver any instruments required to carry out the intent of this Section 7.01 on behalf of Tenant. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.

Appears in 1 contract

Samples: Henry Bros. Electronics, Inc.

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” "SUPERIOR LEASES" and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” "SUPERIOR MORTGAGES" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”"LESSOR". Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company Yardville National Bank with an address of 10 Xxxx Xxxxxx0000 Xxxxx Xxxx, XxxxxxxxxxXxxxxxxx Township, XX 00000New Jersey 08690, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) Xxx Xxxx and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.

Appears in 1 contract

Samples: Lease (Aveta Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land Land, the Building and/or the Building Unit now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or Land, the Building Building, the Unit and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that Landlord shall cause the current lender is holder of any superior leases and/or superior mortgages to execute and deliver a subordination and non-disturbance agreement (the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (MetLifeSNDA”) on their then standard form, which SNDA Tenant agrees to countersign and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02deliver.

Appears in 1 contract

Samples: Lease (American Realty Capital New York Recovery Reit Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. In the event Tenant fails to execute and deliver to Landlord such instrument within fifteen (15) days of request therefor, Landlord may, but shall not be obligated to, execute such instrument for and on behalf of Tenant as its attorneys-in-fact. In acknowledgment thereof, Tenant hereby appoints Landlord as its irrevocable attorney-in-fact coupled with an interest solely to execute and deliver any instruments required to carry out the intent of this Section 7.01 on behalf of Tenant. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” "SUPERIOR LEASES" and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” "SUPERIOR MORTGAGES" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02"LESSOR".

Appears in 1 contract

Samples: Lease (About Com Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This leaseLease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 6.01. This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages” and ", the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that ", and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to in Section 7.02.is sometimes hereinafter called a "superior mortgagee"

Appears in 1 contract

Samples: Barringer Technologies Inc

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease11.1. Subject to the provisions of this Article 11, this Lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building and/or that portion of the Building of which the demised premises are a part now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or that portion of the Building of which the demised premises are a part and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildingsbuildings and/or leases, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section 11.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute execute, acknowledge and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter herein sometimes referred to as called superior leasesSuperior Leases” and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter herein sometimes referred to as called superior mortgagesSuperior Mortgages” and the lessor of a superior lease Superior Lease or its successor in interest interest, at the time referred to to, is sometimes hereinafter referred to as herein called a “lessor”. Tenant acknowledges that Superior Lessor,” and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as Superior Mortgage or its successor in interest, at the time referred to in Section 7.02to, is sometimes herein called a “Superior Mortgagee.

Appears in 1 contract

Samples: Agreement (Blackrock Inc /Ny)

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SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 7.1 This leaseLease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, buildings to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section 7.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter hereafter sometimes referred to as “called "superior mortgages" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that " and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to is sometimes hereinafter called a "holder". Landlord agrees that Landlord shall request the holder of the existing superior mortgage, and any future holder of any future superior mortgage, to enter into a non-disturbance and attornment agreement with Tenant, which agreement shall be substantially in Section 7.02the form of the agreement annexed hereto as Schedule 1 ("Non-Disturbance Agreement"). Landlord agrees to use all reasonable efforts to cause the existing holder of the current superior mortgage, and any future holder of any future superior mortgage, to execute the Non-Disturbance Agreement; it being understood and agreed, however, that Landlord shall have no obligation to expend any money in excess of one Thousand Dollars ($1,000.00) or commence any action or proceeding to induce any such holder to do so or to agree to any modification of any mortgage in connection with the obtaining of such Non-Disturbance Agreement. Landlord shall have no liability to Tenant for its failure to obtain such NonDisturbance Agreement and Tenant's obligations under this Lease shall not be affected by reason of such failure to obtain such Non-Disturbance Agreement.

Appears in 1 contract

Samples: Merit Behavioral Care Corp

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 6.01. This leaseLease, and all rights of Tenant hereunder, hereunder are and shall be subject and subordinate in all respects to all a l ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements replacements, and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any an instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease Lease is,, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages” and ", the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that ", and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to in Section 7.02is sometimes hereinafter called a "superior mortgagee."

Appears in 1 contract

Samples: Lease (Robotic Lasers Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages, provided that Landlord shall use its best efforts to obtain a "NON-DISTURBANCE AGREEMENT" in favor of Tenant in form and substance reasonably satisfactory to Tenant and otherwise in recordable form from the holder of each mortgage in effect as of the date hereof no later than the Commencement Date. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases In the event Tenant fails to which this lease isexecute and deliver to Landlord such instrument within fifteen (15) days of request therefor, at the time referred Landlord may, but shall not be obligated to, subject execute such instrument for and subordinate pursuant to this Article are hereinafter sometimes referred to on behalf of Tenant as “superior leases” and the mortgages to which this lease isits attorneys-in-fact. In acknowledgment thereof, at the time referred to, subject and subordinate are hereinafter sometimes referred to Tenant hereby appoints Landlord as “superior mortgages” and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company irrevocable attorneys-in-fact coupled with an address interest solely to execute and deliver any instruments required to carry out the intent of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02.7.01

Appears in 1 contract

Samples: Lease (Treasure Mountain Holdings Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of relating to the Land and/or the Building now or to the extent that any of the foregoing may hereafter existing exist and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildingsleases of which the Demised Premises may be a part, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases leases, and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02".

Appears in 1 contract

Samples: Original Number (Credit Suisse First Boston Usa Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 11.1. This leaseLease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building and/or that portion of the Building of which the demised premises are a part now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or that portion of the Building of which the demised premises are a part and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildingsbuildings and/or leases, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section 11.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute execute, acknowledge and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter herein sometimes referred to as called superior leases” Superior Leases“ and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter herein sometimes referred to as called superior mortgages” Superior Mortgages“ and the lessor of a superior lease Superior Lease or its successor in interest interest, at the time referred to to, is sometimes hereinafter referred to as herein called a “lessor”. Tenant acknowledges that Superior Lessor,” and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as Superior Mortgage or its successor in interest, at the time referred to, is sometimes herein called a “Superior Mortgagee.” Landlord represents that it is the owner of the demised premises, that it has authority to in Section 7.02execute and deliver this Lease, and that there are currently no Superior Leases that if terminated would cause this Lease to be terminated.

Appears in 1 contract

Samples: Agreement of Lease (General Maritime Corp/)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 5.01 This lease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section Article shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any reasonable instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors successor in interest may reasonably request to evidence such subordination. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to which this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages" and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that " and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to in Section 7.02is sometimes hereinafter called a "holder".

Appears in 1 contract

Samples: Novadigm Inc

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 11.1. This leaseLease, and all rights of Tenant hereunder, are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building and/or that portion of the Building of which the demised premises are a part now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or that portion of the Building of which the demised premises are a part and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildingsbuildings and/or leases, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages, except that with respect to all such mortgages and leases entered into hereafter, this Lease shall be subject and subordinate thereto only if the holder thereof (in the case of a mortgage) or the lessor thereunder (in the case of a lease) enters into an agreement with Tenant in such holder’s standard form providing in substance that so long as no default exists as would entitle Landlord to terminate this Lease, Tenant’s leasehold estate hereunder shall not be terminated or disturbed nor shall Tenant’s rights hereunder be affected upon the exercise of such holder’s remedies under the mortgage or lease, as applicable. This Section 11.1 shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute execute, acknowledge and deliver any instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter herein sometimes referred to as called superior leasesSuperior Leases” and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter herein sometimes referred to as called superior mortgagesSuperior Mortgages” and the lessor of a superior lease Superior Lease or its successor in interest interest, at the time referred to to, is sometimes hereinafter referred to as herein called a “lessor”. Tenant acknowledges that Superior Lessor,” and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage Superior Mortgage or its successor in interest, at the time referred to, is sometimes herein called a “Superior Mortgagee.” Landlord represents that, as referred to in Section 7.02of the date of this Lease, there are no Superior Leases.

Appears in 1 contract

Samples: Agreement of Lease (MF Global Holdings Ltd.)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 6.01. This leaseLease, and all rights of Tenant hereunder, hereunder are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building and/or any of such leases, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements replacements, and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any an instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this lease Lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “called "superior leases" and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages” and ", the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as called a "lessor”. Tenant acknowledges that ", and the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration (“MetLife”) and agrees that this shall constitute written notice of such holder of a superior mortgage as or its successor in interest at the time referred to in Section 7.02is sometimes hereinafter called a "superior mortgagee."

Appears in 1 contract

Samples: Lease Agreement (Hanover Capital Mortgage Holdings Inc)

SUBORDINATION, NOTICE TO LESSORS AND MORTGAGEES. 7.01 This lease6.01. Subject to the conditions of Section 6.02 below, this Lease, and all rights of Tenant hereunder, hereunder are and shall be subject and subordinate in all respects to all ground leases, overriding leases and underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages which may now or hereafter affect the Land and/or the Building Demised Premises and/or any of such leasesthis Lease, whether or not such mortgages shall also cover other lands and/or buildings, to each and every advance made or hereafter to be made under such mortgages, and to all renewals, modifications, replacements replacements, and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This Section shall be self-operative and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any an instrument that Landlord, the lessor of any such lease or the holder of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordinationsubordination provided such document shall contain appropriate language of non- disturbance. The leases to which this lease is, at the time referred to, subject and subordinate pursuant to this Article are hereinafter sometimes referred to as “superior leases” and the mortgages to which this lease Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “called "superior mortgages", and the lessor holder of a superior lease mortgage or its successor in interest at the time referred to is sometimes hereinafter referred called a "superior mortgagee." Within forty-five (45) days from the date hereof, Landlord shall obtain from the existing mortgagee a Subordination, Non-Disturbance and Attornment Agreement in favor of Tenant utilizing the existing mortgagee's standard form. Landlord shall assist Tenant in facilitating any changes to the mortgagee's standard form that Tenant may request; however, Landlord shall have fully discharged its obligation under this Section 6.01 by delivering to Tenant such standard form within said forty- five (45) days. If Landlord fails to so provide such Agreement as a “lessor”herein described, then on ten (10) days written notice. Tenant acknowledges that shall be entitled to terminate this Lease unless Landlord delivers such Agreement within the current lender is the Metropolitan Life Insurance Company with an address of 10 Xxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attention: Senior Vice President Real Estate Investments and Attention: Assistant Vice President Loan Administration ten (“MetLife”10) and agrees that this shall constitute written notice of such holder of a superior mortgage as referred to in Section 7.02day period.

Appears in 1 contract

Samples: Lease Agreement (Globespan Inc/De)

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