Common use of Subordination Clause in Contracts

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 17 contracts

Sources: Standard Industrial Lease (International Menu Solutions Corp), Standard Industrial Lease (Entech Environmental Technologies Inc), Standard Industrial Lease (Earth & Ocean Sports Inc)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 11 contracts

Sources: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (T Netix Inc), Standard Industrial Lease (Qad Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 8 contracts

Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Sirf Technology Inc), Standard Office Lease (Impac Mortgage Holdings Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 5 contracts

Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Option shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 5 contracts

Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Superior National Insurance Group Inc), Standard Office Lease (Jakks Pacific Inc)

Subordination. (a) This LeaseUpon written request of Lessor, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trustFacility Mortgagee, or the beneficiary of any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground leaseof Lessor, and shall give Lessee will enter into a written notice thereof agreement subordinating its rights pursuant to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (bi) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasethe interest of any lease in which Lessor is the lessee and to all modifications, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunderextensions, substitutions thereof (or, at Lessor's option, agree to the subordination to this Lease of the lien of said mortgage, deed of trust or the interest of any lease in which Lessor is the lessee), and (ii) to all advances made or hereafter to be made thereunder. In connection with any such request, Lessor shall execute provide Lessee with a "Non-Disturbance Agreement" reasonably acceptable to such documents on behalf mortgagee, beneficiary or lessor providing that if such mortgagee, beneficiary or lessor acquires the Leased Properties by way of Lessee as foreclosure or deed in lieu of foreclosure, such mortgagee, beneficiary or lessor will not disturb Lessee's attorney-in-factpossession under this Lease and will recognize Lessee's rights hereunder if and for so long as no Event of Default has occurred and is continuing. Lessee does hereby makeagrees to consent to amend this Lease as reasonably required by the Facility Mortgagee, constitute and irrevocably appoint Lessor as shall be deemed to have unreasonably withheld or delayed its consent if the required changes do not materially (i) alter the economic terms of this Lease, (ii) diminish the rights of Lessee's attorney, or (iii) increase the obligations of Lessee, provided that Lessee shall also have received the non-in-fact and disturbance agreement provided for in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Article.

Appears in 4 contracts

Sources: Purchase and Sale Agreement (Williams Companies Inc), Master Lease Agreement (Williams Companies Inc), Master Lease (Williams Communications Group Inc)

Subordination. (a) This LeaseLease is and shall be prior to any mortgage recorded after the date of this Lease affecting the Building. If, at Lessor's optionhowever, shall a lender requires that this Lease be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior subordinate to such that mortgage if Landlord first obtains from the lender a written agreement that provides substantially the following: *Notwithstanding the foregoing, Tenant and Landlord agree that Tenant's name shall be painted on the front entrance glass similar to the existing names. The cost and liability for said signage shall be borne by Tenant. *As long as Tenant performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the mortgage, and no steps or procedures taken under the mortgage, shall affect Tenant's rights under this Lease. Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the lender to accomplish the purposes of this Section. If requested by the holder of any mortgage or deed of trust, Tenant shall enter into a new lease with the holder of such mortgage or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust for the balance of the term of this Lease upon the same terms and conditions set forth herein, or ground lease or the date of recording thereof. (b) Lessee shall attorn to such party provided such party agrees to execute any documents required to effectuate an attornment, a subordination or to make recognize this Lease prior to as long as Tenant shall not be in default hereunder beyond the lien of any mortgage, deed of trust or ground lease, as period for curing the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)same.

Appears in 3 contracts

Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)

Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated date prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-’s attorney in fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 3 contracts

Sources: Lease (Local Matters Inc.), Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 3 contracts

Sources: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc)

Subordination. (a) This Lease, at LessorThe Lease and Lessee's option, tenancy shall be subject and subordinate at all times to the lien of any ground lease, mortgage, mortgage or deed of trust, or any other hypothecation or security trust now or hereafter placed upon the real property interest of which Lessor and the Premises are Premises, provided that such subordination shall be contingent upon Lessor delivering to Lessee a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, attornment and non-disturbance agreement (a) in form reasonably acceptable to Lessee's right , Lessor and the holder of such mortgage or deed of trust which shall include, but not be limited to, a provision (i) requiring the Lessor to quiet possession provide a fully executed copy of the Premises agreement to the Lessee, (ii) requiring the Lessor to promptly provide written notice to Lessee when the mortgage or deed of trust has been released by the mortgagee or trustee, (iii) that the agreement shall not be disturbed if Lessee is not modify in default and so long as Lessee shall pay any manner the rent and observe and perform all of the provisions terms of this Lease, unless this Lease is otherwise terminated pursuant to its termsand (iv) that any new owner or holder of the mortgage or deed of trust shall abide by all the terms and conditions of the Lease, and (b) executed by the holder of such mortgage or deed of trust, Lessor and Lessee. If Lessee also agrees that any mortgagee, mortgagee or trustee or ground lessor shall may elect to have this Lease a prior lien to the lien of its mortgage, mortgage or deed of trust or ground leasetrust, and shall give written notice thereof in the event of such election, and upon notification by such mortgagee or trustee to LesseeLessee to that effect, this Lease shall be deemed prior in lien to such mortgage, the said mortgage or deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, mortgage or deed of trust or ground lease or the date of recording thereof. (b) trust. Lessee agrees to execute and deliver such instruments as may be reasonably requested by Lessor or by any documents required to effectuate an attornment, a subordination mortgagee or to make trustee subordinating this Lease prior to the lien of any mortgage, present or future mortgage or deed of trust trust, or ground lease, as may be otherwise required to carry out the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf intent of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)section.

Appears in 3 contracts

Sources: Lease Agreement, Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's Tenant’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Landlord shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents document required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's Tenant’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, Tenant hereunder without further notice to Tenant or, at Lessor's Landlord’s option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as Lessee's Tenant’s attorney-in-fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's Tenant’s attorney-in-fact and in Lessee's Tenant’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 3 contracts

Sources: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)

Subordination. (a) a. This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof. (b) b. Lessee agrees to execute any reasonable documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 3 contracts

Sources: Ground Lease Agreement (Pilgrims Pride Corp), Ground Lease Agreement (Pilgrims Pride Corp), Ground Lease Agreement (Pilgrims Pride Corp)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this the Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 3 contracts

Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises Premised shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease Lese prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If Landlord or any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgagea mortgagee, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to Tenant shall execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lesseebe (including, without limitation, a Subordination, Non-Disturbance and Attornment Agreement in the standard form used by Landlord's failure lender), and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereundertherefor, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to execute do the same. Upon Tenant's written request to Landlord, Landlord shall request that its lender issue to Tenant a non-disturbance agreement on such documents lender's standard form; provided, however, the failure of such lender to issue a non-disturbance agreement shall in accordance with no way affect Tenant's obligations under this paragraph 30(b)Lease.

Appears in 2 contracts

Sources: Lease Agreement (Adept Technology Inc), Lease Agreement (Adept Technology Inc)

Subordination. (a) This LeaseUpon written request of Lessor, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trustFacility Mortgagee, or the beneficiary of any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground leaseof Lessor, and shall give Lessee will enter into a written notice thereof agreement subordinating its rights pursuant to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (bi) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasethe interest of any lease in which Lessor is the lessee and to all modifications, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunderextensions, substitutions thereof (or, at Lessor's option, agree to the subordination to this Lease of the lien of said mortgage, deed of trust or the interest of any lease in which Lessor is the lessee), and (ii) to all advances made or hereafter to be made thereunder. In connection with any such request, Lessor shall execute provide Lessee with a "Non-Disturbance Agreement" reasonably acceptable to such documents on behalf mortgagee, beneficiary or lessor providing that if such mortgagee, beneficiary or lessor acquires the Leased Properties by way of Lessee as foreclosure or deed in lieu of foreclosure, such mortgagee, beneficiary or lessor will not disturb ▇▇▇▇▇▇'s possession under this Lease and will recognize Lessee's attorneyrights hereunder if and for so long as no Event of Default has occurred and is continuing. ▇▇▇▇▇▇ agrees to consent to amend this Lease as reasonably required by any Facility Mortgagee, and shall be deemed to have unreasonably withheld or delayed its consent if the required changes do not materially (i) alter the economic terms of this Lease, (ii) diminish the rights of Lessee, or (iii) increase the obligations of Lessee, provided that Lessee shall also have received the non-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and disturbance agreement provided for in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Article.

Appears in 2 contracts

Sources: Master Lease (Omega Healthcare Investors Inc), Master Lease (Omega Healthcare Investors Inc)

Subordination. (a) This Lease, at Lessor's option, Lease and all rights of Lessee hereunder shall be subject and subordinate to the lien of any ground lease, mortgage, deed and all deeds of trusttrust that may now or hereafter affect the demised premises, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part thereof, and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and modifications or extensions thereof. Notwithstanding of any such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust. Lessee shall on demand execute, acknowledge, and deliver to Lessor without expense to Lessor, any and all instruments that may be necessary or ground lease, whether proper to subordinate this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior and all rights therein to the lien of any mortgage, deed such deeds of trust and each renewal, modification, or ground leaseextension. If Lessee shall fail at any time to execute, as the case may be. Lessee's failure to execute acknowledge, or deliver any such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's optionsubordination instrument, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby makein addition to any other remedies available in any consequence thereof, constitute may execute, acknowledge, and irrevocably appoint Lessor deliver the same as Lessee's attorney-in-fact and in Lessee's name. Lessee hereby irrevocably makes, place constitutes, and steadappoints Lessors, their successors and assigns, its attorney-in-fact for that purpose. The Lessor, however, shall exercise its best efforts to execute arrange with the holder of any such documents underlying deed of trust for an agreement that if, by dispossess, foreclosure, or otherwise such holder, or any successor in interest, shall come into possession of the premises, or shall become owner of the premises, or take over the rights of the Lessor in the premises, it will not disturb the possession, use, or enjoyment of the leased property by the Lessee, its successors or assigns, nor disaffirm this lease or the Lessee's rights or estate hereunder, so long as all of the obligations of the Lessee are fully performed in accordance with the terms of this paragraph 30(b)Lease.

Appears in 2 contracts

Sources: Lease Agreement (Dyax Corp), Lease Agreement (Dyax Corp)

Subordination. (a) This Lease, at Lessor's option, Landlord shall have the right to cause this Lease to be and remain subject and subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on mortgages, deeds of trust and ground leases, if any ("Encumbrances") that are now or may hereafter be executed covering the security thereof and to all Premises, or any renewals, modifications, consolidations, replacements and or extensions thereof. Notwithstanding , for the full amount of all advances made or to be made thereunder and without regard to the time or character of such subordinationadvances, Lessee's right together with interest thereon and subject to quiet possession all the terms and provisions thereof; provided only, that in the event of termination of any such ground lease or upon the Premises shall not be disturbed if Lessee foreclosure of any such mortgage or deed of trust, so long as Tenant is not in default and so default, the holder thereof ("Holder") shall agree to recognize Tenant's rights under this Lease as long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this LeaseLease to be observed and performed by Tenant. Within ten (10) days after Landlord's written request, unless this Lease is otherwise terminated pursuant Tenant shall execute, acknowledge and deliver any and all reasonable documents required by Landlord or the Holder to its termseffectuate such subordination. If any mortgageeTenant fails to do so, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default Default by Lessee hereunderTenant under this Lease. Notwithstanding anything to the contrary set forth in this Paragraph 31, orTenant hereby attorns and agrees to attorn to any person or entity purchasing or otherwise acquiring the Premises at any sale or other proceeding or pursuant to the exercise of any other rights, at Lessor's option, Lessor shall execute powers or remedies under such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Encumbrance.

Appears in 2 contracts

Sources: Lease Agreement (PLX Technology Inc), Lease Agreement (Arthrocare Corp)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises and other rights under this Lease shall not be disturbed and shall be recognized if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this LeaseLease within the periods of grace provided for herein, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 2 contracts

Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)

Subordination. (a) This Lease, ▇▇▇▇▇▇ agrees at Lessor's option, shall be the request of ▇▇▇▇▇▇ to subordinate this Lease to any ground leasefirst mortgage or other security interest hereafter created covering the Leased Premises or any portion of the Leased Premises and to any renewal, modification, replacement or extension or any existing first mortgage, deed of trust, or any other hypothecation mortgage or security now or hereafter placed upon the real property of which the Premises are a part interest hereinafter created and to any and all advances made on the security thereof and or to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right be made thereunder or to quiet possession any ground Lease of the Premises Property or the Building, provided that the mortgagee or holder of such security interest or ground Lessor agrees, for itself and its successors and assigns in writing with the LESSEE that so long as LESSEE shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of under this Lease, unless the mortgagee or other holder of such security interest or ground LESSOR and its successors and assigns will not disturb the peaceful quiet enjoyment of the Leased Premises by the LESSEE. LESSEE also agrees that if this Lease is otherwise terminated pursuant so subordinated, no entry under any mortgage or sale for the purpose of foreclosing the same or entry for termination of any ground Lease shall be regarded as an eviction of LESSEE, constructive or otherwise, or give LESSEE any right to its terminate this Lease, whether it attorns or becomes LESSEE of the mortgagee or new owner, and such mortgage, or security interest to which this Lease shall become subordinated may contain such other terms, provisions and conditions as are usual and customary. If ▇▇▇▇▇▇ agrees that it will, within ten (10) days of receipt of written request of the LESSOR, execute and deliver any mortgageeand all instruments necessary or desirable to give effect to or notice of such subordination in such forms as may be required by such mortgagee or other holder of such security interest or ground Lessor, trustee and LESSOR shall deliver a Non-Disturbance Agreement executed by such mortgagee or other holder of such security interest or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereofLESSEE within 30 days thereafter. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Commercial Lease (Maker Communications Inc), Commercial Lease (Maker Communications Inc)

Subordination. (a) This LeaseTenant shall, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property request of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsLandlord in writing, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless subordinate this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any present or future institutional mortgage upon the Leased Premises irrespective of the time of execution or the time of recording of any such mortgage. Provided, deed however, that as a condition to such subordination, the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that: i. in the event of foreclosure or other action taken under the mortgage by the holder thereof, this Lease and the rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder ii. such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required by the provisions of this Agreement, respectively. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or ground leaseother similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Article 24 means a mortgage securing a loan from a bank or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Leased Premises.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Vision Marine Technologies Inc.), Commercial Lease Agreement (Vision Marine Technologies Inc.)

Subordination. (a) This Lease, at Lessor's Landlord’s sole option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, refinancings and extensions thereof. Notwithstanding such subordination, Lessee's ▇▇▇▇▇▇’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee . If any mortgage or deed of trust to which this Lease is subordinate is foreclosed or a deed in lieu of foreclosure is given to the mortgagee or beneficiary, Tenant shall attorn to the purchaser at the foreclosure sale or to the grantee under the deed in lieu of foreclosure; if any ground lease to which this Lease is subordinate is terminated, Tenant shall attorn to the ground lessor. ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, or to evidence such attornnent. Lessee's failure to execute Any such documents within 10 days after written demand document of attorn vent shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor also provide that the successor shall execute such documents on behalf not disturb Tenant in its use of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents the Premises in accordance with this paragraph 30(b)Lease.

Appears in 2 contracts

Sources: Full Service Lease (Cyan Inc), Full Service Lease (Cyan Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee . Tenant agrees to execute any documents required requiring to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in Lessee's Tenant s name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 2 contracts

Sources: Commercial Lease (Hit Entertainment Inc), Commercial Lease (Hit Entertainment Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is in not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Subordination. (a) This Lease, at Lessor's option, Lessor shall be have the right to subordinate this Lease to any ground lease, mortgage, deed of trusttrust or mortgage encumbering the Premises, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all any renewals, modifications, consolidations, replacements and or extensions thereof, whenever made or recorded. Notwithstanding Lessee shall execute and deliver such instruments of subordination as Lessor shall request in order to effectuate such subordination. However, Lessee's ’s right to quiet possession of the Premises during the Term shall not be disturbed or impaired if Lessee is not in default and so long as Lessee shall pay pays the rent and observe and perform performs all of the provisions of this Lease, unless Lessee’s obligations under this Lease and is not otherwise terminated pursuant to its termsin material default. If any mortgagee, trustee deed of trust beneficiary or ground lessor shall elect mortgagee elects to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, mortgage and shall give gives written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, mortgage whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease mortgage or the date of recording thereof. (b) If Lessor’s interest in the Premises is acquired by any beneficiary under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee agrees shall attorn to execute the transferee of or successor to Lessor’s interest in the Premises and recognize such transferee or successor as Lessor under this Lease. Lessee waives the protection of any documents required statute or rule of law which gives or purports to effectuate an attornment, a subordination or give Lessee any right to make terminate this Lease prior or surrender possession of the Premises upon the transfer of Lessor’s interest. (c) Lessee shall sign and deliver any reasonable and customary instrument or documents necessary or appropriate to evidence the lien above attornment and subordination. Such attornment and subordination documents may contain such provisions as are customarily and reasonably required by any ground lessor, beneficiary under a deed of any trust or mortgagee, and shall include reasonable non-disturbance provisions. (d) Upon Lessor’s written request during the Term, Lessee shall execute, acknowledge and deliver to Lessor a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Lessor is not in default under this Lease (or, if Lessor is claimed to be in default, stating why); and (v) such other matters as may be reasonably required by Lessor or the holder of a mortgage, deed of trust or ground lease, as lien to which the case may bePremises is or becomes subject. Lessee's failure Lessee shall deliver such statement to execute such documents Lessor within 10 ten (10) days after written demand shall constitute a material default Lessor’s request. Any such statement by Lessee hereundermay be given by Lessor to any prospective purchaser or encumbrancer of the Premises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. In addition, orLessee agrees to deliver to any lender with whom Lessor is refinancing the Premises, at Lessor's optionon a strictly confidential basis, Lessor shall execute the Lessee’s most current financial statements then available, for the purpose of facilitating such documents on behalf lender’s refinance of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)the Premises.

Appears in 2 contracts

Sources: Lease and Services Agreement, Lease and Services Agreement

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-attorney in fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 2 contracts

Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Rosetta Inpharmatics Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be ------------- subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part (or upon Landlord's leasehold interest in such real property) and to any and all advances advance made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed by Landlord or any person succeeding to Landlord's interest in the Premises if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 2 contracts

Sources: Lease Agreement (Citysearch Inc), Lease Agreement (Ticketmaster Online Citysearch Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee Tenant agrees to execute and deliver any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 2 contracts

Sources: Lease Agreement (Celebrate Express, Inc.), Lease Agreement (Celebrate Express, Inc.)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Leased Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Leased Premises and any options to renew or purchase shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall entitle Landlord to execute such documents on behalf of Lessee Tenant as LesseeTenant's attorney-in-in- fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(bParagraph 16(b).

Appears in 2 contracts

Sources: Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc)

Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If Lessor or any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its a mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to any such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure be (including, without limitation, a Subordination, Non-Disturbance and Attornment Agreement in the standard form used by Lessor’s lender), and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor as Lessee's attorney-in-’s attorney in fact and in Lessee's ’s name, place and stead, to execute do so. Upon Lessee’s written request to Lessor, Lessor shall request that it’s lender issue to Lessee a non-disturbance agreement on such documents lender’s standard form; provided, however, the failure of such lender to issue such a non-disturbance agreement shall in accordance with no way affect Lessee’s obligations under this paragraph 30(b)Lease, including this Section 12.1.

Appears in 2 contracts

Sources: Colocation Lease (Overstock Com Inc), Colocation Lease (Overstock Com Inc)

Subordination. (a) This That Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgages, trustee or ground lessor lesse shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 2 contracts

Sources: Industrial Lease (Esterline Technologies Corp), Industrial Lease (Esterline Technologies Corp)

Subordination. (a) This Lease, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ▇▇▇▇▇▇’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof. (b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's Tenant’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default breach by Lessee Tenant hereunder, or, at Lessor's Landlord’s option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as Lessee's ▇▇▇▇▇▇’s attorney-in-fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's ▇▇▇▇▇▇’s attorney-in-fact and in Lessee's ▇▇▇▇▇▇’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)paragraph.

Appears in 2 contracts

Sources: Lease Agreement, Retail Lease

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modificationsmodification, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this the Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor landlord shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, then this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to do so. If Tenant fails to execute any documents required to be executed by Tenant under this Section within ten (10) days after written demand by Landlord, then such documents in accordance with failure shall constitute an Event of Default under this paragraph 30(b)Lease.

Appears in 2 contracts

Sources: Office Space Lease (Adexa Inc), Office Space Lease (Adexa Inc)

Subordination. (a) a. This Lease, at Lessor's Lessors option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter hereinafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) b. Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's Lessors option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b31(b).

Appears in 2 contracts

Sources: Standard Industrial Lease (Optical Access Inc), Standard Industrial Lease (Optical Access Inc)

Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's ’s failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's ’s option, Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's =s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's =s option, Lessor shall execute such documents on behalf of Lessee as and Lessee's =s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's =s attorney-in-fact and in Lessee's =s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.)

Subordination. (a) This Lease, at Lessor's option, Lease shall be subordinate subordinated to any ground lease, mortgage, deed of trust, mortgages that may now exist or any other hypothecation or security now or that may hereafter be placed upon the real property of which the Demised Premises are a part and to any and all advances made on thereunder, and to the security thereof interest upon the indebtedness evidenced by such mortgages, and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding In the event of execution by Landlord after the date of this Lease of any such subordinationmortgage, Lessee's right renewal, replacement or extension, Tenant agrees to quiet possession of execute a subordination agreement with the Premises holder thereof in such form as Landlord reasonably requests, including but not limited to provisions to the effect that: a. Such mortgage holder shall not be disturbed if Lessee disturb the possession and other rights of Tenant under this Lease so long as Tenant is not in default hereunder beyond the applicable cure period specified in this Lease; b. In the event of acquisition of title to the Demised Premises by such mortgage holder, then such holder shall accept Tenant as lessee of the Demised Premises under the terms and so long as Lessee conditions of this Lease and shall pay the rent and observe and perform all the obligations of Landlord hereunder; and c. Tenant shall recognize such holder as Landlord hereunder. Tenant shall, within fifteen (15) days of receipt of a request from Landlord therefor, execute and deliver to Landlord or to any proposed holder of a mortgage or trust deed or to any proposed purchaser of the provisions of Property a certificate in such form as Landlord reasonably requests, certifying that this Lease is in full force and effect and that there are no offsets against rent nor defenses to Tenant's performance under this Lease, unless this Lease is otherwise terminated pursuant to its terms. If or setting forth any mortgagee, trustee such offsets or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasedefenses claimed by Tenant, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Office/Warehouse Lease (Possis Medical Inc), Office/Warehouse Lease (Possis Medical Inc)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor▇▇▇▇▇▇'s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed ?ILLEGIBLE? if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise ?ILLEGIBLE? terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee▇▇▇▇▇▇'s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to ▇▇▇▇▇▇ or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee ▇▇▇▇▇▇ does hereby make, constitute and irrevocably appoint Lessor ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact and in Lessee▇▇▇▇▇▇'s name, place and stead, to execute such documents in accordance with this is paragraph 30(b).

Appears in 2 contracts

Sources: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph Paragraph 30(b).

Appears in 2 contracts

Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)

Subordination. (a) This Leaselease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding thereof (collectively, an "Instrument"), provided that, as a condition precedent to such subordinationsubordination to any Instrument executed after the Effective Date, the ground lessee, mortgagee or beneficiary thereunder agrees in a writing delivered to Lessee that Lessee's right to quiet possession of the Premises shall not be disturbed if so long as Lessee is not in default and so long as Lessee shall pay continuing uncured beyond the rent and observe and perform all expiration of the provisions of this Leaseany applicable grace period, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said such mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease Lessee prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 business days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Lease (Graphic Controls Corp), Lease (Graphic Controls Corp)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, . deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's ’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ’s option, Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 2 contracts

Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.)

Subordination. (a) This LESSOR reserves the right to sell, assign, transfer, mortgage or convey any and all rights it may have in the building, the Leased Premises or this Lease, at Lessor's option, shall be subordinate and to subject this Lease to the lien of any ground lease, mortgage, deed of trust, or any other hypothecation or security mortgage now or hereafter placed upon the real property building or the Leased Premises. However, the subordination of which the Premises are a part and this Lease to any and all advances made on mortgage hereafter placed upon the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of building or the Leased Premises shall not be disturbed if Lessee upon the express condition that this Lease is recognized by LESSOR's mortgagee and that the rights of LESSEE hereunder shall remain in force despite any default in performance of LESSOR, or foreclosure proceedings with respect to any such mortgage, provided LESSEE is not in default in any of its obligations hereunder. Upon the request of LESSOR, LESSEE shall execute any and so long as Lessee shall pay the rent all instruments deemed by LESSOR necessary or advisable to subject and observe and perform all of the provisions of subordinate this Lease, unless and the rights given LESSEE by this Lease is otherwise terminated pursuant Lease, to its termssuch mortgages, as described above. If any mortgagee, trustee Any sale by LESSOR of the building or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, LESSOR's interest under this Lease shall be deemed prior to such mortgagerelease and discharge LESSOR from all further obligations under this Lease, deed provided that the purchaser of trust, the building or ground lease, whether LESSOR's interest under this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make shall recognize this Lease prior to and that the lien rights of any mortgageLESSEE hereunder shall remain in force and the obligations of LESSOR shall be assumed in full by the new owner, deed of trust or ground lease, as the case may be. Lessee's failure to execute despite such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)sale.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Subordination. (a) 37.1 This Lease, at LessorLESSOR's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are LEASED PREMISES is a part and to any and all advances made on the security thereof hereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeLESSEE's right to quiet possession of the Premises LEASED PREMISES shall not be disturbed if Lessee LESSEE is not in default and so long as Lessee LESSEE shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeLESSEE, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or to subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee 37.2 LESSEE agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeLESSEE's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee LESSEE hereunder, or, at LessorLESSOR's option, Lessor LESSOR shall execute such documents on behalf of Lessee LESSEE as LesseeLESSEE's attorney-in-fact. Lessee LESSEE does hereby make, constitute constitute, and irrevocably appoint Lessor LESSOR as LesseeLESSEE's attorney-in-fact and in LesseeLESSEE's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Paragraph 37.2.

Appears in 2 contracts

Sources: Office Lease (Merge Technologies Inc), Office Lease (Merge Technologies Inc)

Subordination. (a) This Lease, at LessorLease and Tenant's option, rights hereunder shall be subject and subordinate at all times in lien and priority to any ground lease, mortgage, deed of trust, first mortgage or any other hypothecation or security primary encumbrance now or hereafter placed upon or affecting the real property of which Property or the Premises are a part Premises, and to any and all advances made on second mortgage or encumbrance with the security thereof consent of the first mortgagee, and to all renewals, modifications, consolidations, replacements consolidations and extensions thereof, without the necessity of any further instrument or act on the part of Tenant. Notwithstanding such subordination, Lessee's right to quiet possession of Tenant shall execute and deliver upon demand any further instrument or instruments confirming the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions subordination of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its any such first mortgage or to the lien of any other mortgage, deed if requested to do so by Landlord with the consent of trust or ground leasethe first mortgagee, and shall give written any further instrument or instruments of attornment that may be desired by any such mortgagee or Landlord, provided, however, that any holder of such lien or mortgage agrees not to disturb the use and occupancy of the Premises in accordance with the terms of this Lease Agreement upon any foreclosure. Notwithstanding the foregoing, any mortgagee may at any time subordinate its mortgage to this Lease, without Tenant's consent, by giving notice thereof in writing to Lessee, Tenant and thereupon this Lease shall be deemed prior to such mortgage, deed mortgage without regard to their respective dates of trust, or ground lease, whether execution and delivery. In that event such mortgagee shall have the same rights with respect to this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make as though this Lease had been executed prior to the lien execution and delivery of the mortgage and had been assigned to such mortgagee. Landlord agrees that it will use best efforts to obtain and deliver to Tenant then holder(s) of any mortgagemortgage or other security interest affecting the Premises of Building. In the event Landlord fails to deliver such instrument, deed Tenant shall have the right to terminate this Lease Agreement by delivery of trust or ground lease, as the case may be. Lessee's failure written notice thereof to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Landlord.

Appears in 2 contracts

Sources: Office Space Lease (Nco Group Inc), Office Space Lease (CRW Financial Inc /De)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee Tenant agrees to execute and deliver any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) TWENTY (20) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, ----------- constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 1 contract

Sources: Lease Agreement (Seattle Filmworks Inc)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give given written notice thereof to Lesseelessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b29(b).

Appears in 1 contract

Sources: Standard Industrial Lease (Supershuttle International Inc)

Subordination. (a) 27.1 This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, mortgage deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of or trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) 27.2 Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor option lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-attorney in fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)27.2.

Appears in 1 contract

Sources: Standard Office Lease (Ciphergen Biosystems Inc)

Subordination. (a) This Leaselease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent Rent and observe and perform all of the provisions of this Leaselease, unless this Lease lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure If Lessee fails to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's optiondemand, Lessor shall may execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).in-

Appears in 1 contract

Sources: Industrial Lease (Strategic Diagnostics Inc/De/)

Subordination. (a) This Subject to Lessee's receipt of reasonably satisfactory non- disturbance protection (other than for any presently existing ground lease, mortgage, deed of trust or other security placed upon the Office Building Project, or any portion thereof), this Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall shall, without the necessity of Lessee or any other party executing any additional documentation, be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, lease whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute execute, within ten (10) days after written demand, any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. (a) Lessor agrees that it will use its best commercially reasonable efforts to provide Lessee with a non-disturbance, subordination and attornment agreement (a "non-disturbance agreement") in favor of and reasonably satisfactory to Lessee from any ground lessors, mortgage holders or lien holders (each, a "Superior Mortgagee") in existence as of the date of this Lease. Any such non-disturbance agreement shall be in recordable form and may be recorded at Lessee's failure election and expense. (b) Lessor agrees to execute such documents within 10 days after written demand shall constitute provide Lessee with commercially reasonable non- disturbance agreement(s) in favor of and reasonably satisfactory to Lessee from any Superior Mortgagee(s) of Lessor who later come(s) into existence at any time prior to the expiration of the Term of the Lease, as it may be extended, in consideration of, and as a material default by Lessee hereundercondition precedent to, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorneyagreement to subordinate its rights and interest under this Lease to, and to attorn to, the rights and interests of such Superior Mortgagee(s). Said non-in-fact. Lessee does hereby make, constitute disturbance agreement(s) shall be in recordable form and irrevocably appoint Lessor as may be recorded at Lessee's attorney-in-fact election and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)expense.

Appears in 1 contract

Sources: Lease (Citadel Holding Corp)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now not or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Industrial Lease (Leiner Health Products Inc)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, or trust or ground lease, whether this Lease is or such Options are dated prior or to subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. , Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Sublease (Spectrian Corp /Ca/)

Subordination. (a1) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b2) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , provided that Lessee's failure to execute such documents within 10 ten (10) business days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Big Dog Holdings Inc)

Subordination. (a) This Lease, at Lessor's optionoption and upon written notice to Lessee, shall be automatically subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Project and to any and all an advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacement and extensions thereof. Notwithstanding ; provided, however, as to any ground lease, mortgage, deed of trust, or any other hypothecation for security hereafter placed upon the Project, such subordinationsubordination shall be conditioned upon the ground lessor, Lesseemortgagee, beneficiary under deed of trust or holder of any other hypothecation recording a non-disturbance agreement in favor of ▇▇▇▇▇▇ in such party's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its termscustomary form. If Lessor or any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its a mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be automatically deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust trust, or ground lease or the date of recording thereof. (b) Lessee ▇▇▇▇▇▇ agrees to execute any commercially reasonable documents required to further evidence or effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed dead of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-attorney in fact and in Lessee▇▇▇▇▇▇'s name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 1 contract

Sources: Standard Commercial Industrial Triple Net Lease (Titan Motorcycle Co of America Inc)

Subordination. (a) This Lease, at Lessor's option, shall be Lease is subject and subordinate to any all ground leaseor underlying leases, mortgage, deed mortgages and deeds of trust, trust which affect the Property or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof Real Property and to all renewals, modificationsmodification, consolidationsconsolidation, replacements and extensions thereof. Notwithstanding ; provided, however, if the lessor under any such subordination, Lessee's right to quiet possession lease or the holder or holders of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee such mortgage or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust shall advise Landlord that they desire or ground lease, require this Lease to be prior and shall give written notice thereof to Lesseesuperior thereto, this Lease shall be deemed prior so, and upon written request of Landlord to Tenant, Tenant agrees within ten (10) days after Landlord's request, to execute, acknowledge and deliver any and all documents or instruments which Landlord or such mortgagelessor, deed holder or holders deem necessary or desirable for purposes thereof Landlord shall have the right to cause this Lease to be subject and subordinate to any and all ground or underlying leases, mortgages or deeds of trusttrust which may hereafter be executed covering the Premises, the Building or the Real Property or any renewals, modification, consolidations, replacements or extensions thereof, provided, however, that Landlord obtains from the lender or ground lease, whether lessor a written undertaking in favor of Tenant to the effect that such lender or ground lessor will not disturb Tenant's rights of possession under this Lease if Tenant is dated prior not then or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien thereafter in breach of any mortgage, deed covenant or provision of trust or ground lease, as this Lease. Tenant hereby appoints Landlord the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-attorney in-fact of Tenant irrevocable to execute and deliver any document or documents provided for herein for and in Lessee's namethe name of Tenant, place and steadsuch power, to execute such documents in accordance being coupled with this paragraph 30(b)an interest, is irrevocable.

Appears in 1 contract

Sources: Office Lease (1st Miracle Group Inc /Ontario/)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, mortgage or deed of trust, or any other hypothecation or security trust now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding , provided the holder of such subordination, mortgage or deed of trust agrees that Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease. Lessor agrees to deliver to Lessee, unless concurrently with the execution of any mortgage or deed of trust which is prior to this Lease Lease; (i) a non-disturbance agreement of the mortgagee or trustee, in form reasonably requested by the mortgagee or trustee, assuring the Lessee's quiet enjoyment of the Premises so long as Lessee is otherwise terminated pursuant to its termsnot in default, and (ii) the Agreement of the mortgagee or trustee permitting the use of insurance and condemnation proceeds as provided for herein. If any mortgagee, mortgagee or trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground leasetrust, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, mortgage or deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, mortgage or deed of trust or ground lease or the date of recording thereof. Lessee shall attorn, as lessee under this Lease, to the purchaser at any foreclosure sale or to the mortgagee, if the mortgagee becomes owner of the fee estate, and this Lease shall continue in force and effect as a direct Lease between Lessee and purchaser or mortgagee. (b) Subject to the provisions of Paragraph 15.8(a) hereof, Lessee agrees to execute any documents reasonably required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, mortgage or deed of trust or ground leasetrust, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Icon Health & Fitness Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination▇▇▇▇▇▇▇▇'s election to subordinate this Lease shall not be effective unless the ground lessor, Lessee's mortgagee or trustee shall execute with Tenant a nondisturbance agreement recognizing that ▇▇▇▇▇▇'s, right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of al the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination Subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee Tenant hereunder, or, or at LessorLandlord's option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee ▇▇▇▇▇▇ does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee▇▇▇▇▇▇'s attorney-in-fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)documents.

Appears in 1 contract

Sources: Standard Industrial Lease (Aftermarket Technology Corp)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Option granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 then (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Office Lease (Cyberamerica Corp)

Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, subordination Lessee's ’s right to quiet possession of the Premises shall not be disturbed if it Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have _[illegible]_ this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give given written notice thereof to Lessee, this Lease shall be deemed _[illegible]__ prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said such mortgage, deed of trust or ground group lease or the date of recording thereof. . ________[illegible]____________________________ and _[illegible]_ to do so within ten (b10) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute __[illegible]__ and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 1 contract

Sources: Lease Agreement (Strasbaugh)

Subordination. (a) This Lease, at Lessor's option, shall be Tenant accepts this Lease subject and subordinate to any ground lease, mortgage, deed of trust, trust or any other hypothecation or security now lien presently existing or hereafter placed upon the real property of which Leased Premises or upon the Premises are a Flour Mill or any part thereof, and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements extensions and extensions refinancings thereof. Notwithstanding Tenant agrees that any such subordinationground lessor, Lesseemortgagee and /or beneficiary of any deed of trust or other lien ("Landlord's Mortgagee") and Landlord shall have the right at any time to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Leasesubordinate such ground lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground leaseother lien to this Lease on such terms and subject to such conditions as such Landlord's Mortgagee may deem appropriate in its discretion. Upon demand, and Tenant agrees to execute such further instruments subordinating this Lease as Landlord may request, in form reasonably satisfactory to Landlord's Mortgagee, provided such subordination shall give written notice thereof to Lessee, be upon the express condition that this Lease shall be deemed prior recognized by Landlord's Mortgagee and that the right of Tenant shall remain in full force and effect during the Lease Term so long as Tenant shall continue to perform all of the covenants and conditions of this Lease. Upon foreclosure of the Flour Mill or upon acceptance of a deed in lieu of such mortgageforeclosure, deed of trust, or ground lease, whether this Lease is dated prior or subsequent Tenant agrees to attorn to the date new owner of said mortgagethe Flour Mill after such foreclosure or acceptance of a deed in lieu of foreclosure, deed if so requested by such new owner of trust or ground lease or the date of recording thereofFlour Mill. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Guar Global Ltd.)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give have written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Office Lease (Talarian Corp)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, mortgage deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which Office Building Project and to any and all advances made on the Premises are a part security thereof and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Office Lease (Optimumcare Corp /De/)

Subordination. (a) This Lease, at LessorLandlord's sole option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, refinancing and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said -16- 17 mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee . If any mortgage or deed of trust to which this Lease is subordinate is foreclosed or a deed in lieu of foreclosure is given to the mortgagee or beneficiary, Tenant shall attorn to the purchaser at the foreclosure sale or to the grantee under the deed in lieu of foreclosure; if any ground lease to which this Lease is subordinate is terminated, Tenant shall attorn to the ground lessor. Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, or to evidence such attornment. Lessee's failure to execute Any such documents within 10 days after written demand document of attornment shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor also provide that the successor shall execute such documents on behalf not disturb Tenant in its use of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents the Premises in accordance with this paragraph 30(b)Lease.

Appears in 1 contract

Sources: Office Lease (MCB Financial Corp)

Subordination. (a) This Lease, at Lessor's option, agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any ground lease, mortgage, first deed of trust, trust or any other hypothecation or security now or hereafter first mortgage subsequently placed upon the real property of which the Premises are a part part, and to any and all advances made on the security thereof of the Premises, and to all renewals, modifications, consolidations, replacements replacements, and extensions thereofextensions. Notwithstanding such subordinationHowever, Lesseeas to the lien of any deed of trust or mortgage entered into after execution of this agreement, ▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee shall pay Tenant pays the rent Rent and observe observes and perform performs all of the provisions of this Leaseagreement, unless this Lease agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect elects to have this Lease agreement placed in a security position prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such a mortgage, deed of trust, or ground lease, whether and gives written notice to Tenant, this Lease is dated agreement shall be deemed prior or subsequent to the date of said that mortgage, . deed of trust trust, or ground lease lease, or the date of recording thereofrecording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and ▇▇▇▇▇▇(s) to obtain ▇▇▇▇▇▇'s credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s); or (Ii) at any time. upon discovering that information in ▇▇▇▇▇▇'s application is false. A negative credit report reflecting on ▇▇▇▇▇▇'s record may be submitted to a credit reporting agency, if ▇▇▇▇▇▇ fails to pay Rent or comply with any other obligation under this agreement. 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: Landlord states that the PremisesQ has, orlx. (b) Lessee agrees ,has not been inspected by a Certified Access Specialist. If so, Landlord states that the Premises O has, or n has not been determined to execute any documents required meet all applicable construction-related accessibility standards pursuant to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may beCivil Code Section 55.53. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)35.

Appears in 1 contract

Sources: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to lease assigned, the lien of its mortgage, deed of trust or ground lease, and Lessor shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. Upon any subordination, the Lessee hereunder shall continue to be entitled to peaceable possession of the Premises so long as Lessee is not in default under any of the terms of this Lease. (b) Lessee agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after receipt of written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf unless the subordination agreement or document does not provide for the continued peaceable possession of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and when not in Lessee's name, place and stead, to execute such documents in accordance with default under the terms of this paragraph 30(b)Lease.

Appears in 1 contract

Sources: Lease (Schein Pharmaceutical Inc)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay pays the rent and observe observes and perform performs all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect elects to have this Lease Lease, and any Options granted hereby, prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give gives written notice thereof to Lessee, this Lease and such Options shall be deemed prior to or such mortgage, deed of trust, or ground lease, whether this Lease is to such Options are dated prior or subsequent to the date of said such mortgage, deed of trust or trust, or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornmentattornment or, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall may execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this the paragraph 30(b29(b).

Appears in 1 contract

Sources: Industrial Lease (Sportsmans Guide Inc)

Subordination. (a) This Lease, at Lessor's option, Lease shall be subject and subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgageany first mortgage of the entire fee interest of the Premises to a bona fide lending, deed of trust thrift or ground leasebanking institution, pension fund or insurance company to provide construction and/or permanent financing and shall give written notice thereof any renewals, modifications or extensions thereof, provided that a Subordination, Recognition and Non-Disturbance Agreement (a "Subordination Agreement") is executed, acknowledged and delivered by such mortgagee to Lessee, . Such Subordination Agreement must be in form suitable for recording and must contain substantially the following provisions: (a) The mortgagee consents to and approves this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.Lease; (b) Lessee agrees to execute shall not be named or joined as a party defendant in any documents required to effectuate an attornmentsuit, a subordination action or proceeding for the foreclosure of the mortgage or to make enforce any rights under the mortgage or note or other obligation secured thereby; (c) The possession by Lessee of the Premises and Lessee's rights thereto shall not be disturbed, affected or impaired by, nor will this Lease prior or the Term be terminated or otherwise affected by, (i) any suit, action or proceeding upon the mortgage or the note or other obligation secured thereby, or the foreclosure of the mortgage or the enforcement of any rights under the mortgage or any other documents held by the mortgagee, or by any judicial sale or execution or other sale of the Premises, or by any deed given in lieu of foreclosure, or by the exercise of any other rights given to the lien mortgagee by any other documents or as a matter of law or (ii) any default under the mortgage or the note or other obligation secured thereby; (d) If the mortgagee takes possession of the Premises or starts collecting rent or becomes the owner of the Premises by reason of foreclosure of the mortgage or otherwise, or if the Premises shall be sold as a result of any mortgageaction or proceeding to foreclose the mortgage or by a deed given in lieu of foreclosure, deed of trust or ground this Lease shall continue in full force and effect, without necessity for executing any new lease, as a direct lease between Lessee, as tenant thereunder, and the case may be. Lessee's failure mortgagee or then owner of the Premises, as landlord thereunder, upon all of the same terms, covenants, and provisions contained in this Lease, and in such event the mortgagee or new owner shall be bound to execute Lessee under all of the terms, covenants and provisions of this Lease for the remainder of the Term hereof, which terms, covenants and provisions such documents within 10 days after written demand shall constitute a material default mortgagee or new owner hereby agrees to assume and perform; (e) The mortgagee must acknowledge and agree that all trade fixtures, equipment and personal property owned by Lessee hereunderlocated or installed in or on the Premises, orregardless of the manner or mode of attachment, at Lessor's option, Lessor shall execute such documents on behalf be and remain the property of Lessee as Lessee's attorney-in-factand may be removed by Lessee at any time. Lessee does hereby makeIn no event (including a default under this Lease or the mortgage) shall the mortgagee have any liens, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and rights or claims in Lessee's nameproperty unless such property or any part thereof shall be deemed fixtures; and the mortgagee expressly waives all rights of levy, place distraint, or execution with respect to said property; and (f) Such Subordination Agreement shall bind and steadinure to the benefit of and be enforceable by the parties thereto and their respective heirs, to execute such documents in accordance with this paragraph 30(b)personal representatives, successors and assigns.

Appears in 1 contract

Sources: Lease (Onix Systems Inc)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b29(b).

Appears in 1 contract

Sources: Standard Industrial Lease (Transgenomic Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, this Lease shall remain in full force and effect and Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Us Search Corp Com)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand demand. (c) This Lease shall constitute a material default by Lessee hereundernot be subordinate to any ground lease, ormortgage, at Lessor's optiondeed of trust or any other hypothecation for security as described in subparagraph (a) unless the secured party enters into an agreement of non disturbance and attornment with Lessee, Lessor shall execute such documents on behalf of Lessee as satisfactory to Lessee, which protects Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, rights to execute such documents in accordance with this paragraph 30(b)the Premises under the terms of the Lease.

Appears in 1 contract

Sources: Lease (Printpack Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or ore hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Sublease (Macrovision Corp)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior subordinate to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, or at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Paragraph.

Appears in 1 contract

Sources: Commercial Lease (Alliance Distributors Holding Inc.)

Subordination. (a) 29.1 This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part apart and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. thereof Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) 29.2 Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Office Lease Agreement (Advanced Media Inc)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this LeaseLease (subject in each case to any applicable cure periods), unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.such (b) So long as such documents are consistent with the nondisturbance requirements of Paragraph 30(a), above, Lessee agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph Paragraph 30(b); provided, however, that this appointment of Lessor as Lessee's attorney-in-fact shall not be effective so long as Vans, or a Lessee Affiliate (as defined in Paragraph 12.2) of Vans is the Lessee under this Lease.

Appears in 1 contract

Sources: Lease (Vans Inc)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee▇▇▇▇▇▇'s failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor▇▇▇▇▇▇'s option, Lessor ▇▇▇▇▇▇ shall execute such documents on behalf of Lessee ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee ▇▇▇▇▇▇ does hereby make, constitute and irrevocably appoint Lessor ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact and in Lessee▇▇▇▇▇▇'s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Specialty Laboratories)

Subordination. (a) This Lease, Lease and any Option granted hereby at Lessor's option, option shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof Security thereto and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordinationSubordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If , if any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground leaselese, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, make constitute and irrevocably appoint Lessor as at Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Industrial Lease (Master Graphics Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Option shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's Lessees' attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Office Lease (Mission Community Bancorp)

Subordination. (a) This Lease, at Lessor's option, shall The rights of Tenant under this Lease will always be subject and subordinate to any ground leasethe rights, mortgage, deed title and interest of trust, all present and future lenders who may from time to time extend credit to Landlord which extensions of credit may be secured in whole or any in part by a mortgage or other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made interest on the security thereof Property, Building or Leased Premises (collectively, “Landlord’s Lenders”) and to all renewals, modifications, consolidations, replacements and extensions thereofof any such mortgage or other security interest, provided Tenant’s occupancy will not be disturbed. Notwithstanding such subordinationThis provision is automatic without any further consent or confirmation by Tenant, Lessee's right but at Landlord’s request, Tenant will execute an agreement in form and content acceptable to quiet possession Landlord and Landlord’s Lenders (a “Subordination Nondisturbance Agreement”) confirming this provision. Tenant will sign the Subordination Nondisturbance Agreement and return it to Landlord within ten (10) days after Landlord makes the request in writing. Landlord shall obtain EXECUTION COPY from the holder of any Mortgage in effect as of the Premises shall not be disturbed if Lessee is not Rent Commencement Date of this Lease, a reasonable form of Subordination Nondisturbance Agreement in default and so recordable form to the effect that as long as Lessee Tenant shall pay the rent and observe keep, carry out, and perform all of the terms, covenants and provisions of this Lease, unless contained in this Lease is otherwise terminated pursuant which are to its terms. If any mortgageebe performed by Tenant, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgagewithin all applicable notice and cure periods, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trustLandlord’s Lenders, or ground leasetheir assignees, whether this Lease is dated prior or subsequent to will not disturb Tenant’s occupancy of the date of said mortgage, deed of trust or ground lease or the date of recording thereofLeased Premises. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Precipio, Inc.)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. be Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-attorney- in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Industrial Lease (Temtex Industries Inc)

Subordination. (a) This Lease, at Lessor's option, shall be Lease is subject and subordinate to any all ground leaseand underlying leases and all mortgages, mortgage, deed deeds of trust, trusts or any other hypothecation or security agreements which now or hereafter placed upon the real property of which affect the Premises are a part and to any and all advances advancements to be made on the security thereof thereunder and to all renewals, modifications, consolidations, replacements replacements, and extensions thereof, whenever made or recorded. Notwithstanding Tenant shall cooperate with Landlord and any lender which is acquiring a security interest in the Premises or the Lease. Tenant shall execute such subordinationfurther documents and assurances as such lender may require, Lessee's provided that Tenant’s obligations under this Lease shall not be increased in any material way (the performance of ministerial acts shall not be deemed material), and Tenant shall not be deprived of its rights under this Lease. Tenant’s right to quiet possession of the Premises during the Lease Term shall not be disturbed if Lessee is not in default and so long as Lessee shall pay Tenant pays the rent and observe and perform performs all of the provisions of this Lease, unless Tenant’s obligations under this Lease and is not otherwise terminated pursuant to its termsin default. If any mortgageeground lessor, trustee beneficiary or ground lessor shall elect mortgagee elects to have this Lease prior superior to the lien of its mortgageground lease, deed of trust or ground lease, mortgage and shall give gives written notice thereof to LesseeTenant, this Lease shall be deemed prior superior to such mortgageground lease, deed of trust, trust or ground lease, mortgage whether this Lease is dated prior or subsequent to the date of said mortgageground lease, deed of trust or ground lease mortgage or the date of recording thereof. Landlord shall endeavor to obtain an executed commercially reasonable Subordination, Non-Disturbance and Attornment Agreement (“SNDA”) from any lender on the Project within thirty (30) days following Lease execution. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Office Lease (VectoIQ Acquisition Corp.)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions extension thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, lessee this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an any attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Lease Agreement (Microtel International Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's ' option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, lease and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ' option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Office Lease (Sonic Foundry Inc)

Subordination. (a) This Lease, at Lessor's option, Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security interest now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's T▇▇▇▇▇’s right to quiet enjoyment and possession of the Premises shall not be disturbed if Lessee Tenant is not in default Material Default, and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor landlord shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice Notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee . T▇▇▇▇▇ agrees to execute any such documents required reasonably necessary to effectuate an attornmentattornment or subordination, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute , provided such documents do not otherwise attempt to amend, modify or alter any provision of this Lease. Tenant shall respond to such document request within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf receipt of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Notice therefor.

Appears in 1 contract

Sources: Office Lease (Sollensys Corp.)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgages, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of the said mortgage, deed of trust or ground lease Lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's ’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ’s option, . Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Sublease Agreement (Inamed Corp)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, . Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Office Lease (Rambus Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now nor or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by lessee hereunder without further notice to Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this hits paragraph 30(b).

Appears in 1 contract

Sources: Lease Addendum (Notify Corp)

Subordination. (a) This LeaseLese, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, trust or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lesseelessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-in- fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Office Lease (Country Star Restaurants Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to of any and all advances advance made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenants shall pay the rent and observe and perform all of the other provisions of to this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof. (b) Lessee . Tenant agrees to execute any documents required Requiring to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and falling to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 1 contract

Sources: Lease Agreement (Nara Bancorp Inc)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's Tenant’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee trustee, or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a attornment or subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's Tenant’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, Tenant hereunder without further notice to Tenant or, at Lessor's Landlord’s option, Lessor Tenant shall execute such documents on behalf of Lessee Tenant as Lessee's Tenant’s attorney-in-fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's Tenant’s attorney-in-fact and in Lessee's Tenant’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)paragraph.

Appears in 1 contract

Sources: Commercial Lease (Internet Media Services, Inc.)

Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgages, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-in- fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Industrial Lease (Coyote Sports Inc)

Subordination. (a) This Lease, at Lessor's option, Lease shall be subject and subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgageany first mortgage of the entire fee interest of the Property to a bona fide lending, deed of trust thrift or ground leasebanking institution, pension fund or insurance company to provide construction and/or permanent financing and shall give written notice thereof any renewals, modifications or extensions thereof, provided that a Subordination, Recognition and Non-Disturbance Agreement (a "Subordination Agreement") is executed, acknowledged and delivered by such mortgagee to Lessee, . Such Subordination Agreement must be in form suitable for recording and must contain substantially the following provisions: (a) The mortgagee consents to and approves this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.Lease; (b) Lessee agrees to execute shall not be named or joined as a party defendant in any documents required to effectuate an attornmentsuit, a subordination action or proceeding for the foreclosure of the mortgage or to make enforce any rights under the mortgage or note or other obligation secured thereby; (c) The possession by Lessee of the Premises and Lessee's rights thereto shall not be disturbed, affected or impaired by, nor will this Lease prior or the Term be terminated or otherwise affected by, (i) any suit, action or proceeding upon the mortgage or the note or other obligation secured thereby, or the foreclosure of the mortgage or the enforcement of any rights under the mortgage or any other documents held by the mortgagee, or by any judicial sale or execution or other sale of the Prop or by any deed given in lieu of foreclosure, or by the exercise of any other rights given to the lien mortgagee by any other documents or as a matter of law or (ii) any default under the mortgage or the note or other obligation secured thereby; (d) If the mortgagee takes possession of the Property or starts collecting rent or becomes the owner of the Property by reason of foreclosure of the mortgage or otherwise, or if the Property shall be sold as a result of any mortgageaction or proceeding to foreclose the mortgage or by a deed given in lieu of foreclosure, deed of trust or ground this Lease shall continue in full force and effect, without necessity for executing any new lease, as a direct lease between Lessee, as tenant thereunder, and the case may be. Lessee's failure mortgagee or t owner of the Property, as landlord thereunder, upon all of the same terms, covenants, and provisions contained in this Lease, and in such event the mortgagee or new owner shall be bound to execute Lessee under all of the terms, covenants and provisions of this Lease for the remainder of the Term hereof, which terms, covenants and provisions such documents within 10 days after written demand shall constitute a material default mortgagee or new owner hereby agrees to assume and perform; (e) The mortgagee must acknowledge and agree that all trade fixtures, equipment and personal property owned by Lessee hereunderlocated or installed in or on the Premises, orregardless of the manner or mode of attachment, at Lessor's option, Lessor shall execute such documents on behalf be and remain the property of Lessee as Lessee's attorney-in-factand may be removed by Lessee at any time. Lessee does hereby makeIn no event (including a default under this Lease or the mortgage) shall the mortgagee have any liens, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and rights or claims in Lessee's nameproperty unless such property or any part thereof shall be deem fixtures; and the mortgagee expressly waives all rights of levy, place distraint, or execution with respect to said property; and (f) Such Subordination Agreement shall bind and steadinure to the benefit of and be enforceable by the parties thereto and their respective heirs, to execute such documents in accordance with this paragraph 30(b)personal representatives, successors and assigns.

Appears in 1 contract

Sources: Lease (Metrika Systems Corp)

Subordination. (a) This Lease, at Lessor's option, Landlord’s option shall be subordinate to any ground lease, mortgage, deed of trust, trust or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's . Tenant’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure be and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's attorney-in-Tenant’s attorney in fact and in Lessee's Tenant’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 1 contract

Sources: Industrial Lease (Arcimoto Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to after the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof. (b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee Tenant hereunder, or, at LessorLandlord's option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as LesseeTenant's attorney-in-fact. Lessee Tenant does hereby make, constitute constitute, and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)paragraph.

Appears in 1 contract

Sources: Lease Agreement

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of or said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee▇▇▇▇▇▇'s failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor▇▇▇▇▇▇'s option, . Lessor shall execute such documents on behalf of Lessee ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee ▇▇▇▇▇▇ does hereby make, constitute and irrevocably appoint Lessor ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact and in Lessee▇▇▇▇▇▇'s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Sublease Agreement (Iprint Com Inc)

Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions of thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgages, trustee trust or ground lessor shall elect to have this Lease prior to the lien of its it's mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents document required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-attorney in fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.

Appears in 1 contract

Sources: Standard Industrial Lease (Diamond Entertainment Corp)

Subordination. (a) This Lease, at LessorLandlord's sole option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, refinancings and extensions thereof. Notwithstanding such subordination, Lessee▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee . If any mortgage or deed of trust to which this Lease is subordinate is foreclosed or a deed in lieu of foreclosure is given to the mortgagee or beneficiary, Tenant shall attorn to the purchaser at the foreclosure sale or to the grantee under the deed in lieu of foreclosure; if any ground lease to which this Lease is subordinate is terminated, Tenant shall attorn to the ground lessor. ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, or to evidence such attornment. Lessee's failure to execute Any such documents within 10 days after written demand document of attornment shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor also provide that the successor shall execute such documents on behalf not disturb Tenant in its use of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents the Premises in accordance with this paragraph 30(b)Lease.

Appears in 1 contract

Sources: Full Service Lease (Q Matrix Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's ’s option, shall be subordinate to any ground leaseease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give be given written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted, herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's Lessees failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ’s option, Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and end irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Full Service Lease (Symphonix Devices Inc)

Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or to subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).

Appears in 1 contract

Sources: Standard Office Lease (Intellisys Group Inc)

Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Leased Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Leased Premises and any o,pti~ons to renew or purchase shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee Tenant agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall entitle Landlord to execute such documents on behalf of Lessee Tenant as LesseeTenant's attorney-in-in- fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(bParagraph 16(b).

Appears in 1 contract

Sources: Industrial Building Lease (Motors & Gears Inc)

Subordination. (a) 30.1. This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) 30.2. Lessee agrees to execute any all documents required to effectuate an attornment, a subordination subordination, or to make this Lease granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by lessee hereunder without further notice to Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)30.2.

Appears in 1 contract

Sources: Standard Office Lease (Yupi Internet Inc)

Subordination. (a) This Lease, at At Lessor's option, this Lease, and the leasehold interests and rights of Lessee, shall be subordinate to any ground lease, master or superior lease, mortgage, deed of trust, or any other hypothecation hypothecation, or security 'interest now or hereafter placed upon the real property of which affecting the Premises are a or any part of the Premises, and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises during the Term shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its termsbe observed and performed by Lessee. If any mortgagee, trustee trustee, lessor or ground lessor security interest holder shall elect to have this Lease regarded as being prior and superior to the lien of its mortgage, deed of trust trust, lease or ground leasesecurity interest, and shall give written notice Notice thereof to Lessee, this Lease shall be deemed prior and superior to such mortgage, deed of trust, lease or ground leasesecurity interest, whether this Lease is dated prior before or subsequent to after the date of said mortgage, deed of trust trust, lease or ground lease security interest, or the date of or recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior and superior to the lien of any mortgage, deed of trust trust, lease or ground leasesecurity interest, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Notice from Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute any such documents in accordance with this paragraph 30(b)document.

Appears in 1 contract

Sources: Lease (United Industries Corp)