Non-Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall be subject to receiving assurance (a "non-disturbance agreement") from the Lender that Lessee's possession and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises.
Non-Disturbance. With respect to any Mortgage entered into by Landlord after the execution of this Lease, Tenant's subordination of this Lease shall be subject to receiving assurance (a "non- disturbance agreement") from the Mortgage holder that Tenant's possession and this Lease will not be disturbed in the event of foreclosure or deed in lieu of foreclosure, so long as Tenant is not in Default and attorns to the record owner of the Premises.
Non-Disturbance. Agreements shall mean collectively, as of any -------------------------- date of determination, the non-disturbance agreements executed by a Lessor Lender and the applicable Subsidiary Lessee, each providing in part that the Lessor Lender shall recognize the rights of the Subsidiary Lessee which is lessee of the Leased Facility so financed by such Lessor Lender should such Lessor Lender foreclose upon such Leased Facility. Notes shall mean the Revolving Credit Notes. ----- Obligations shall mean all obligations from time to time of any ----------- Loan Party to any Bank, Agent or the Administrative Agent from time to time arising under or in connection with or related to or evidenced by or secured by this Agreement or any other Loan Document, whether such obligations are direct or indirect, otherwise secured or unsecured, joint or several, absolute or contingent, due or to become due, whether for payment or performance, now existing or hereafter arising (specifically including but not limited to obligations arising or accruing after the commencement of any bankruptcy, insolvency reorganization or similar proceedings with respect to any Loan Party, or which would have arisen or accrued but for the commencement of such proceeding, even if the claim for such obligation is not allowed in such proceeding under applicable Law). Without limitation of the foregoing, such obligations include (i) the principal amount of the Loans, interest, letter of credit reimbursement obligations, and fees, indemnities or expenses under or in connection with any Loan Document and all refinancings or refundings thereof; and (ii) all obligations arising from any extensions of credit under or in connection with the Loan Documents from time to time, regardless of whether any such extensions of credit are in excess of the amount committed under or contemplated by the Loan Documents or are made in circumstances in which any condition to extension of credit is not satisfied. Obligations shall remain such notwithstanding any assignment or transfer or any subsequent assignment or transfer of any of the Obligations or any interest therein. Official Body shall mean any national, federal, state, local or ------------- other government or political subdivision thereof or any agency, authority, board, bureau, central bank, commission, department or instrumentality of any government or political subdivision thereof, or any court, tribunal, grand jury or arbitrator, in each case whether foreign ...
Examples of Non-Disturbance in a sentence
The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non-Disturbance Agreement provided for herein.
Further, within sixty (60) days after the execution of this Lease, Lessor shall use its commercially reasonable efforts to obtain a Non-Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises.
That Lessor shall execute and provide to Lessee and any mortgagee which may hold an encumbrance against the Premises, a reasonable Subordination, Non-Disturbance and Attornment Agreement with respect to matters related to this Lease and/or the status of performance of obligations by the parties under this Lease.
In the event that Lessor is unable to provide the Non-Disturbance Agreement within said sixty (60) days, then Lessee may, at Lessee's option, directly contact Lessor's lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement.
Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers.
More Definitions of Non-Disturbance
Non-Disturbance. Agreements shall mean collectively, as of any date of determination, the non-disturbance agreements executed by a Lessor Lender and the applicable Subsidiary Lessee, each providing in part that the Lessor Lender shall recognize the rights of the Subsidiary Lessee which is lessee of the Leased Facility so financed by such Lessor Lender should such Lessor Lender foreclose upon such Leased Facility. Notes shall mean collectively the Revolving Credit Notes.
Non-Disturbance. With respect to all ground or underlying leases ("ground lessors") and to all mortgages and/or deeds of trust ("lenders") which may hereafter affect the Project, Tenant's subordination of this Lease shall be subject to written assurance (a "non-disturbance agreement") in commercially reasonable form, from the lender or ground lessor (as applicable) that Tenant's possession and this Lease, including any options to extend the term hereof, will not be disturbed so long as Tenant is not in default under the Lease and attorns to the record owner of the Demised Premises. With respect to the ground lessor as of the date hereof (MWAA), Landlord shall obtain a non-disturbance agreement from such ground lessor on or prior to the Lease Commencement Date.
Non-Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall subject to receiving a commercially reasonable non-disturbance agreement (a "Non-Disturbance Agreement ") from the Lender which Non-Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attires to the record owner of the Premises. Further, with sixty (60) days after the executive of this Lease, Lessor shall use its commercially reasonable efforts to obtain a Non-Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that Lessor is unable to provided the Non-Disturbance Agreement within said sixty (60) days, Lessee may, at Lessee's option, directly contract Lessor's lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement.
Non-Disturbance has the meaning given in Section 4.10(e). Requirements"
Non-Disturbance. The lease shall provide that in the event of a transfer or sale of the Building, Tenant will not be disturbed in its possession of the Premises and the lease shall continue in full force and effect, provided that Tenant is not in default after notice and the expiration of any applicable cure period, and Tenant, using a commercially reasonable form, attorns to the purchaser or transferee as Landlord under the lease. In addition Tenant shall receive a SNDA from any existing mortgage lender and Tenant’s subordination to any future mortgage lender or ground lessor shall be contingent upon receiving a SNDA. Tenant and Landlord shall each provide to the other estoppels within 15 days of written request by the other.
Non-Disturbance. If the demised premises or any portion thereof is subject to a mortgage at the time this Lease commences or at any time during the term of this Lease or any extension hereof, LANDLORD agrees to obtain from the holder of the mortgage an agreement, in recordable form, evidencing the mortgagee's recognition of this Lease. Said document will include the mortgagee's agreement not to disturb TENANT during the term of this Lease or any extension thereof so long as TENANT is not in default hereunder. The term "mortgage" as used herein means any mortgage, assignment, deed of trust or other transfer of the demised premises in whole or in part made as security for any indebtedness of LANDLORD; and the term "mortgagee" as used herein means any person to whom or for whose benefit any such mortgage of the demised premises has been made. LANDLORD represents and warrants that there are no mortgages, deeds of trust or superior leases presently affecting the Building or the Land except as may be specified in this Lease.
Non-Disturbance. Landlord shall use its best efforts to obtain for Tenant non-disturbance agreements from all existing and future mortgagees/ground lessors. Relocation: Landlord shall have no right to relocate Tenant to other premises within the Building or to otherwise relocate any equipment or facilities of Tenant’s.