Common use of Subordination Provisions Clause in Contracts

Subordination Provisions. 26.1 This Lease (and Lessee's interest in the Demised Premises and Personal Property) shall be subject and subordinate to any and all mortgages or deeds of trust now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Property, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or deed of trust, as it may be renewed, modified, consolidated, replaced or extended is hereinafter referred to as a "Mortgage", and the holder or beneficiary of a Mortgage is hereinafter referred to as a "Mortgagee"), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee agrees to execute, acknowledge and deliver upon demand such further instruments subordinating this Lease to any such Mortgage, or other liens or encumbrances as shall be desired by Lessor; provided, that Lessee receives a subordination, nondisturbance and attornment agreement, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to use all commercially reasonable efforts to deliver to Lessee a nondisturbance agreement from the current Mortgagee in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafter. Lessee further agrees that promptly after receipt of a request from any Mortgagee made at any time prior to foreclosure of its Mortgage, Lessee shall execute, acknowledge and deliver to such Mortgagee any instrument as such Mortgagee may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee, at such Mortgagee's election, after the foreclosure of its Mortgage or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee. Lessee agrees further that any Mortgagee shall have the right to subordinate its Mortgage and its rights thereunder to this Lease, except that such Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee's rights, if any, to insurance proceeds and eminent domain awards in the event of a loss or casualty or eminent domain taking of the Demised Premises or any portion thereof. If such Mortgagee executes and records an instrument which purports to effect a partial or complete subordination of its Mortgage to this Lease, any rights of such Mortgagee to insurance proceeds or eminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of Lessee.

Subordination Provisions. 26.1 This Lease (and Lessee's ’s interest in the Demised Premises and Personal Leased Property) shall be subject and subordinate to any and all mortgages or mortgages, deeds of trust trust, ground leases or leases now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Property, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or mortgage, deed of trust, ground lease or lease as it may be renewed, modified, consolidated, replaced or and extended is hereinafter referred to as “a "Mortgage"/Underlying Lease” or “any such Mortgage/Underlying Lease”, and the holder or beneficiary of a Mortgage Mortgage/Underlying Lease is hereinafter referred to as a "“Mortgagee"/Underlying Lessor”), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee agrees to execute, acknowledge execute and deliver upon demand such further instruments subordinating this Lease to any such Mortgage/Underlying Lease, or other liens or encumbrances as shall be desired by Lessor; provided, that Lessee receives a subordination, nondisturbance and attornment agreement, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to shall use all commercially reasonable efforts to deliver to Lessee a nondisturbance agreement from the current Mortgagee any such Mortgagee/Underlying Lessor, in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafterMortgagee/Underlying Lessor. Lessee further agrees that promptly after receipt of a request from any Mortgagee Mortgagee/Underlying Lessor made at any time prior to foreclosure of its Mortgage/Underlying Lease, Lessee shall execute, acknowledge and deliver to such Mortgagee Mortgagee/Underlying Lessor any instrument as such Mortgagee Mortgagee/Underlying Lessor may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee/Underlying Lessor, at such Mortgagee's /Underlying Lessor’s election, after the foreclosure of its Mortgage (or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee) of its Mortgage/Underlying Lease. Lessee agrees further that any Mortgagee Mortgagee/Underlying Lessor shall have the right to subordinate its Mortgage Mortgage/Underlying Lease and its rights thereunder to this Lease, except that such Mortgagee Mortgagee/Underlying Lessor shall be entitled to expressly exclude from such subordination the Mortgagee's /Underlying Lessor’s rights, if any, to insurance proceeds and eminent domain awards in the event of a loss or casualty or eminent domain taking of the Demised Premises Leased Property, or any portion thereof. If such Mortgagee Mortgagee/Underlying Lessor executes and records an instrument which purports to effect a partial or complete subordination of its Mortgage Mortgage/Underlying Lease to this Lease, this Lease shall not be terminated by a foreclosure of such Mortgage/Underlying Lease, but any rights of such Mortgagee Mortgagee/Underlying Lessor to insurance proceeds or eminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of Lessee.

Subordination Provisions. 26.1 This Lease (and Lessee's interest in the Demised Premises and Personal PropertySubject to Section 14(j) shall be subject and subordinate to any and all mortgages or deeds of trust now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Propertybelow, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or deed of trust, as it may be renewed, modified, consolidated, replaced or extended is hereinafter referred to as a "Mortgage", and the holder or beneficiary of a Mortgage is hereinafter referred to as a "Mortgagee"), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee agrees to execute, acknowledge and deliver upon demand such further instruments subordinating this Lease to any such Mortgage, or other liens or encumbrances as shall be desired by Lessor; provided, that Lessee receives a subordination, nondisturbance and attornment agreement, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to use all commercially reasonable efforts to deliver to Lessee a nondisturbance agreement from the current Mortgagee in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafter. Lessee further agrees that promptly after receipt of a request from any Mortgagee made at any time prior to foreclosure of its Mortgage, Lessee shall execute, acknowledge and deliver to such Mortgagee any instrument as such Mortgagee may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee, at such Mortgagee's election, after the foreclosure of its Mortgage or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee. Lessee agrees further that any Mortgagee shall have the right to subordinate its Mortgage and its rights thereunder to this Lease, except that such Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee's rights, if any, to insurance proceeds and eminent domain awards in the event of the commencement of any Insolvency or Liquidation Proceeding, then (i) all Obligations (as defined in the Loan Agreement) shall be paid in full in cash, and Lenders shall have no further obligation to fund under the Loan Agreement, prior to (x) any Distribution being made on account of any Subordinated Indebtedness and (y) Company making any payments under this Note, unless the Required Lenders shall have waived in writing the benefits of this section and (ii) all Obligations (as defined in the Note Purchase Agreement) shall be paid in full in cash, prior to (x) any Distribution being made on account of any Subordinated Indebtedness and (y) Company making any payments under this Note, unless the Required Note-Holders (as defined in the Note Purchase Agreement) shall have waived in writing the benefits of this section. Subject to Section 14(j) below, in addition, if (i) any Obligations (as defined in the Loan Agreement) shall remain outstanding or Lenders shall have a loss further obligation to fund under the Loan Agreement, prior to (x) any Distribution being made on account of any Subordinated Indebtedness and (y) Company making any payments under this Note, the Required Lenders shall have consented to any such Distribution or casualty payment and (ii) any Obligations (as defined in the Note Purchase Agreement) shall remain outstanding, prior to (x) any Distribution being made on account of any Subordinated Indebtedness and (y) Company making any payments under this Note, the Required Note-Holders (as defined in the Note Purchase Agreement) shall have consented to any such Distribution or eminent domain taking payment. Subject to Section 14(j) below, any such Distribution which would, but for the provisions hereof, be payable or deliverable in respect of the Demised Premises Subordinated Indebtedness, shall be paid or any portion thereof. If such Mortgagee executes delivered directly to Agent and records an instrument Administrative Agent, respectively, for the benefit of the Lenders and the Purchasers pro rata in the proportions in which purports the Lenders and the Purchasers hold the Senior Indebtedness, until amounts owing upon Senior Indebtedness shall have been paid in full in cash and Lenders shall have no further obligation to effect a partial or complete subordination of its Mortgage to this Lease, any rights of such Mortgagee to insurance proceeds or eminent domain awards which are expressly excluded from such subordination shall remain superior to make advances under the rights of LesseeLoan Agreement.

Subordination Provisions. 26.1 This Lease (and Lessee's interest in the Demised Premises and Personal Property) shall be subject and subordinate to any and all mortgages or deeds of trust now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Property, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or deed of trust, as it may be renewed, modified, consolidated, replaced or extended is hereinafter referred to as a "Mortgage", and the holder or beneficiary of a Mortgage is hereinafter referred to as a "Mortgagee"), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee agrees to execute, acknowledge and deliver upon demand such further instruments subordinating this Lease to any such Mortgage, or other liens or encumbrances as shall be desired by Lessor; provided, that Lessee receives a subordination, nondisturbance and attornment agreement, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to shall use all commercially reasonable efforts due diligence to deliver to Lessee a nondisturbance agreement from the current Mortgagee any such Mortgagee, in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafterMortgagee. Lessee further agrees that promptly after receipt of a request from any Mortgagee made at any time prior to foreclosure of its Mortgage, Lessee shall execute, acknowledge and deliver to such Mortgagee any instrument as such Mortgagee may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee, at such Mortgagee's election, after the foreclosure of its Mortgage or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee. Lessee agrees further that any Mortgagee shall have the right to subordinate its Mortgage and its rights thereunder to this Lease, except that such Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee's rights, if any, to insurance proceeds and eminent domain awards in the event of a loss or casualty or eminent domain taking of the Demised Premises or any portion thereof. If such Mortgagee executes and records an instrument which purports to effect a partial or complete subordination of its Mortgage to this Lease, any rights of such Mortgagee to insurance proceeds or eminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of Lessee.

Subordination Provisions. 26.1 This Lease (and Lessee's interest in the Demised Premises and Personal Property) shall be subject and subordinate to any and all mortgages or deeds of trust now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Property, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or deed of trust, as it may be renewed, modified, consolidated, replaced or extended is hereinafter referred to as a "Mortgage", and the holder or beneficiary of a Mortgage is hereinafter referred to as a "Mortgagee"), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee agrees to execute, acknowledge and deliver upon demand such further instruments subordinating this Lease to any such Mortgage, or other liens or encumbrances as shall be desired by Lessor; provided, that Lessee receives a subordination, nondisturbance and attornment agreement, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to use all commercially reasonable efforts to deliver to Lessee a nondisturbance agreement from the current Mortgagee in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafter. Lessee further agrees that promptly after receipt of a request from any Mortgagee made at any time prior to foreclosure of its Mortgage, Lessee shall execute, acknowledge and deliver to such Mortgagee any instrument as such Mortgagee may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee, at such Mortgagee's election, after the foreclosure of its Mortgage or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee. Lessee agrees further that any Mortgagee shall have the right to subordinate its Mortgage and its rights thereunder to this Lease, except that such Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee's rights, if any, to insurance proceeds and eminent domain awards in the event of a loss or casualty or eminent domain taking of the Demised Premises or any portion thereof. If such Mortgagee executes and records an instrument which purports to effect a partial or complete subordination of its Mortgage to this Lease, any rights of such Mortgagee to insurance proceeds or eminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of Lessee.receives

Subordination Provisions. 26.1 24.1 This Lease (and Lessee's Tenant’s interest in the Demised Premises and Personal Leased Property) shall be subject and subordinate to any and all mortgages or mortgages, deeds of trust trust, ground leases or leases now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Property, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or mortgage, deed of trust, ground lease or lease as it may be renewed, modified, consolidated, replaced or and extended is hereinafter referred to as “a "Mortgage"/Underlying Lease” or “any such Mortgage/Underlying Lease”, and the holder or beneficiary of a Mortgage Mortgage/Underlying Lease is hereinafter referred to as a "“Mortgagee"/Underlying Lessor”), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee Tenant agrees to execute, acknowledge execute and deliver upon demand such further instruments subordinating this Lease to any such Mortgage/Underlying Lease, or other liens or encumbrances as shall be desired by LessorLandlord; provided, that Lessee receives Landlord shall deliver to Tenant a subordination, nondisturbance and attornment agreementexecuted by any such Mortgagee/Underlying Lessor, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to use all commercially reasonable efforts to deliver to Lessee a nondisturbance agreement from the current Mortgagee in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafter. Lessee further agrees that promptly after receipt of a request from any Mortgagee made at any time prior to foreclosure of its Mortgage, Lessee shall execute, acknowledge Tenant and deliver to such Mortgagee any instrument as such Mortgagee may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee, at such Mortgagee's election, after the foreclosure of its Mortgage or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee/Underlying Lessor. Lessee Tenant agrees further that any Mortgagee Mortgagee/Underlying Lessor shall have the right to subordinate its Mortgage Mortgage/Underlying Lease and its rights thereunder to this Lease, except that such Mortgagee Mortgagee/Underlying Lessor shall be entitled to expressly exclude from such subordination the Mortgagee's /Underlying Lessor’s rights, if any, to insurance proceeds and eminent domain awards in the event of a loss or casualty or eminent domain taking of the Demised Premises Leased Property, or any portion thereof. If such Mortgagee Mortgagee/Underlying Lessor executes and records an instrument which that purports to effect a partial or complete subordination of its Mortgage Mortgage/Underlying Lease to this Lease, this Lease shall not be terminated by a foreclosure of such Mortgage/Underlying Lease, but any rights of such Mortgagee Mortgagee/Underlying Lessor to insurance proceeds or eminent domain awards which that are expressly excluded from such subordination shall remain superior to the rights of LesseeTenant.

Subordination Provisions. 26.1 This Lease Sub-Sublease (and Lessee's interest in the Demised Premises and Personal Property) shall be subject and subordinate to any and all mortgages or deeds of trust now or hereafter in force and affecting the Demised Premises (or any portion thereof) and/or the Personal Property, and to all renewals, modifications, consolidations, replacements and extensions thereof (any such Mortgage or deed of trust, as it may be renewed, modified, consolidated, replaced or extended is hereinafter referred to as a "Mortgage", and the holder or beneficiary of a Mortgage is hereinafter referred to as a "Mortgagee"), provided that, for other than Existing Mortgages (as defined below), Lessee receives a subordination, nondisturbance and attornment agreement in a commercially reasonable form satisfactory to such Mortgagee. Lessee agrees to execute, acknowledge and deliver upon demand such further instruments subordinating this Lease Sub-Sublease to any such Mortgage, or other liens or encumbrances as shall be desired by Lessor; provided, that Lessee receives a subordination, nondisturbance and attornment agreement, in a commercially reasonable form satisfactory to such Mortgagee. Furthermore, in connection with any mortgage loan pertaining to the Demised Premises existing as of the date of this Lease (an "Existing Mortgage"), Lessor agrees to shall use all commercially reasonable efforts due diligence to deliver to Lessee a nondisturbance agreement from the current Mortgagee any such Mortgagee, in a form reasonably satisfactory to such Mortgagee on the Commencement Date or as soon as possible thereafterMortgagee. Lessee further agrees that promptly after receipt of a request from any Mortgagee made at any time prior to foreclosure of its Mortgage, Lessee shall execute, acknowledge and deliver to such Mortgagee any instrument as such Mortgagee may reasonably request whereby Lessee agrees to subordinate and attorn to such Mortgagee, at such Mortgagee's election, after the foreclosure of its Mortgage or its acceptance of a deed in lieu of foreclosure, provided that Lessee concurrently receives a nondisturbance agreement in commercially reasonable form satisfactory to such Mortgagee. Lessee agrees further that any Mortgagee shall have the right to subordinate its Mortgage and its rights thereunder to this LeaseSub-Sublease, except that such Mortgagee shall be entitled to expressly exclude from such subordination the Mortgagee's rights, if any, to insurance proceeds and eminent domain awards in the event of a loss or casualty or eminent domain taking of the Demised Premises or any portion thereof. If such Mortgagee executes and records an instrument which purports to effect a partial or complete subordination of its Mortgage to this LeaseSub-Sublease, any rights of such Mortgagee to insurance proceeds or eminent domain awards which are expressly excluded from such subordination shall remain superior to the rights of Lessee.