Common use of Subordination to Mortgages; Estoppel Certificate Clause in Contracts

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building, the Property or the Project, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this Lease, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the Lease, Tenant shall, without charge, attorn to the successor-in-interest. Landlord and Tenant shall each, within 10 days after receipt of a written request from the other, execute and deliver an estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The estoppel certificate shall include a statement certifying that this Lease is unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating

Appears in 1 contract

Samples: Office Lease Agreement (Marketfirst Software Inc)

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Subordination to Mortgages; Estoppel Certificate. 23.01 Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). As of the date of this lease, there is no mortgage affecting the Property. The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this LeaseAs an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the LeaseUpon request, Tenant shallTenant, without charge, shall attorn to the successor-in-interestany successor to Landlord’s interest in this Lease. Landlord and Tenant shall each, within 10 15 days after receipt of a written request from the other, execute and deliver an a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The Without limitation, such estoppel certificate shall may include a statement certifying certification as to the status of this Lease, the existence of any defaults and the amount of Rent that this Lease is unmodified (except as identified in the estoppel certificate) due and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicatingpayable.

Appears in 1 contract

Samples: Office Lease Agreement (Fastclick Inc)

Subordination to Mortgages; Estoppel Certificate. Tenant Xxxxxx accepts this Lease subject to and subordinate inferior in priority, authority, and control, to any mortgage(s), deed(s) of trust, ground lease(s) or and other lien(s) now existing or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the MortgageeMortgagee agreeing to the terms of this Article. In lieu of having the Mortgage be superior to this LeaseAs an alternative, a Mortgagee shall have the right at any time to subordinate make its Mortgage inferior in priority to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the LeaseUpon request, Tenant shallXxxxxx, without charge, attorn shall acknowledge and agree to be the successor-in-interesttenant, and be obliged under this Lease, to any successor to Xxxxxxxx’s interest in this Lease. Landlord and Tenant shall eachshall, within 10 days after receipt of a written request from the otherLandlord, execute and deliver an estoppel certificate certificate, on Landlord’s form, to those parties as are reasonably requested by the other Landlord (including a Mortgagee or prospective purchaser). The Such estoppel certificate shall may include a statement certifying that certification as to the status of this Lease is unmodified (except as identified in Lease, the estoppel certificate) existence of any defaults, and in full force and effect, describing the dates date to which Rent and other charges have has been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating.

Appears in 1 contract

Samples: Office Lease

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this LeaseAs an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the LeaseUpon request, Tenant shallTenant, without charge, shall attorn to any successor to Landlord’s interest in this Lease so long as such successor party agrees not to disturb Tenant’s rights under the successor-in-interestLease so long as Tenant in not in Default. Landlord and Tenant shall each, within 10 days after receipt of a written request from the other, execute and deliver an a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The Without limitation, such estoppel certificate shall may include a statement certifying certification as to the status of this Lease, the existence of any defaults and the amount of Rent that this Lease is unmodified (except as identified in the estoppel certificate) due and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicatingpayable.

Appears in 1 contract

Samples: Office Lease Agreement (Medicines Co /De)

Subordination to Mortgages; Estoppel Certificate. 23.01 Subject to Tenant’s receipt of the NDA (as defined in Section 23.03 below), Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this LeaseAs an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the LeaseUpon request, Tenant shallTenant, without charge, shall attorn to the successor-in-interestany successor to Landlord’s interest in this Lease. Landlord and Tenant shall each, within 10 days Business Days after receipt of a written request from the other, execute and deliver an a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The Without limitation, such estoppel certificate shall may include a statement certifying that certification as to the status of this Lease is unmodified (except to the representing party’s actual knowledge as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) existence of any defaults and indicatingthe amount of Rent that is due and payable.

Appears in 1 contract

Samples: Office Lease Agreement (Boingo Wireless Inc)

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Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this Lease, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's ’s interest in the Lease, Tenant shall, without charge, attorn to the successor-in-interest. Landlord and Tenant shall each, within 10 days after receipt of a written request from the other, execute and ad deliver an estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The estoppel certificate shall include a statement certifying that this Lease is us unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which Rent and other charges have been paid, representing that, to such party's ’s actual knowledge, there is no default (or stating the nature of the alleged default) and indicatingindicating other matters-with respect to the Lease that may reasonably be requested.

Appears in 1 contract

Samples: Office Lease Agreement (Acacia Communications, Inc.)

Subordination to Mortgages; Estoppel Certificate. Tenant accepts this Lease subject to and subordinate inferior in priority, authority, and control, to any mortgage(s), deed(s) of trust, ground lease(s) or and other lien(s) now existing or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee". This clause shall be self-operative, but upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the MortgageeMortgagee agreeing to the terms of this Article. In lieu of having the Mortgage be superior to this LeaseAs an alternative, a Mortgagee shall have the right at any time to subordinate make its Mortgage inferior in priority to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the LeaseUpon request, Tenant shallTenant, without charge, attorn shall acknowledge and agree to be the successor-in-interesttenant, and be obliged under this Lease, to any successor to Landlord’s interest in this Lease. Landlord and Tenant shall eachshall, within 10 days after receipt of a written request from the otherLandlord, execute and deliver an estoppel certificate certificate, on Landlord’s form, to those parties as are reasonably requested by the other Landlord (including a Mortgagee or prospective purchaser). The Such estoppel certificate shall may include a statement certifying that certification as to the status of this Lease is unmodified (except as identified in Lease, the estoppel certificate) existence of any defaults, and in full force and effect, describing the dates date to which Rent and other charges have has been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating.

Appears in 1 contract

Samples: Office Lease

Subordination to Mortgages; Estoppel Certificate. 23.01 Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, trust or ground lease(s) or other lien(s) now or subsequently arising upon the Premises, the Building, the Property Building or the ProjectProperty, and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a "Mortgage"). The , provided that Landlord provides Tenant with a commercially reasonable subordination agreement executed by the party having the benefit of a the Mortgage shall be referred to as a "(“Mortgagee"”). This clause shall be self-operative, but upon Upon request from a Mortgagee, Tenant shall execute a commercially reasonable subordination agreement in favor of the Mortgagee. In lieu of having the Mortgage be superior to this LeaseAs an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to all or a part of Landlord's interest in the LeaseUpon request, Tenant shallTenant, without charge, shall attorn to the successor-in-interestany successor to Landlord’s interest in this Lease. Landlord and Tenant shall each, within 10 days after receipt of a written request from the other, execute and deliver an a commercially reasonable estoppel certificate to those parties as are reasonably requested by the other (including a Mortgagee or prospective purchaser). The Without limitation, such estoppel certificate shall may include a statement certifying certification as to the status of this Lease, the existence of any defaults and the amount of Rent that this Lease is unmodified (except as identified in the estoppel certificate) due and in full force payable. Landlord represents and effect, describing the dates warrants to which Rent and other charges have been paid, representing Tenant that, to such party's actual knowledge, there is no default (or stating the nature as of the alleged defaultdate hereof: (a) no Mortgage exists that has been executed by Landlord, and indicating(b) to Landlord’s actual knowledge (without inquiry), no Mortgage otherwise exists.

Appears in 1 contract

Samples: Office Lease Agreement (Safeco Corp)

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