Subordination Estoppel Certificate. (a) Provided Tenant’s right of possession of the Premises shall not be disturbed during the Term by the Mortgagee so long as there is no then existing Event of Default, this Lease shall be subordinate at all times to the lien of any mortgages and deeds of trust now or hereafter placed upon the Premises, Building, and/or Project and land of which they are a part (a “Mortgage”) without the necessity of any further instrument or act on the part of Tenant to effectuate such subordination. Tenant further agrees to execute and deliver within 10 days after demand such further instrument evidencing such subordination and attornment as shall be reasonably required by any Mortgagee. If Landlord shall be or is alleged to be in default of any of its obligations owing to Tenant under this Lease, Tenant shall give to the holder (the “Mortgagee”) of any mortgage or deed of trust now or hereafter placed upon the Premises, Building, and/or Project whose name and address has been furnished to Tenant, notice by overnight mail of any such default that Tenant shall have served upon Landlord. Tenant shall not be entitled to exercise any right or remedy as there may be because of any default by Landlord without having given such notice to the Mortgagee. The Mortgagee shall have thirty (30) days from receipt of Tenant’s notice within which to cure such default or such longer period as may be reasonably necessary to complete the cure provided Mortgagee is proceeding diligently to cure such default. Notwithstanding the foregoing, any Mortgagee may at any time subordinate its mortgage to this Lease, without Tenant’s consent, by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such Mortgage without regard to their respective dates of execution and delivery, and in that event the Mortgagee shall have the same rights with respect to this Lease as though it had been executed prior to the execution and delivery of the Mortgage.
Subordination Estoppel Certificate. 8.01. This Lease and all rights of Tenant hereunder are subject and subordinate to all mortgages which may now or hereafter affect Landlord's interest in the Leased Property or any part thereof (all such mortgages, collectively, the "SUPERIOR MORTGAGES"), and to all renewals, modifications, consolidations, replacements and extensions of Superior Mortgages. This Section shall be self-operative and no further instrument of subordination shall be required .In confirmation of such subordination, Tenant agrees to promptly execute and deliver at Tenant's sole cost and expense any instrument (in recordable form, if requested) that Landlord or the holder of any Superior Mortgage (a "SUPERIOR MORTGAGEE") may request to evidence such subordination.
Subordination Estoppel Certificate. Articles 17 and 18 of the Master Lease are incorporated herein by reference, and Sublandlord may request an estoppel certificate or other documents from Subtenant pursuant to the requirements therein.
Subordination Estoppel Certificate. 22 SECTION 13.1
Subordination Estoppel Certificate. (a) The rights granted under this Lease to Tenant are subject and subordinate to any present or future Mortgages (and to any consolidation, modification, renewal, replacement or extension, as applicable, of any Mortgage) of all or any part of the Premises or the Building and to all matters to which such Mortgage may be subordinate.
Subordination Estoppel Certificate. Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, and at the election of Landlord or any mortgagee or any beneficiary of a Deed of Trust with a lien on the Project or any ground lessor with respect to the Project, this Lease shall be subject and subordinate at all times to (a) all ground leases or underlying leases which may now exist or hereafter be executed affecting the Project, and (b) the lien of any mortgage or deed of trust which may now exist or hereafter be executed in any amount for which the Project, ground leases or underlying leases, or Landlord's interest or estate in any of said items is specified as security. In the event that any ground lease or underlying lease terminates for any reason or any mortgage or Deed of Trust is foreclosed or a conveyance in lieu of foreclosure is made for any reason, Tenant shall, notwithstanding any subordination, attorn to and become the Tenant of the successor in interest to Landlord, at the option of such successor in interest. Tenant covenants and agrees to execute and deliver, upon demand by Lxxxxxxx and in the form requested by Landlord any additional documents evidencing the priority or subordination of this Lease with respect to any such ground lease or underlying leases or the lien of any such mortgage or Deed of Trust. Tenant hereby irrevocably appoints Landlord as attorney-in-fact of Tenant to execute, deliver and record any such document in the name and on behalf of Txxxxx.
Subordination Estoppel Certificate. (a) This Lease shall be subject and subordinate to any and all mortgages, deeds of trust and other instruments in the nature of a mortgage, now or at any time hereafter, a lien or liens on the Property of which the Premises are a part, without the necessity for executing any such instrument of subordination. However, the Lessee shall, when requested, promptly execute and deliver such written instruments as shall be necessary to show the subordination of this Lease to said mortgages, deeds of trust, ground leases or other such instruments in the nature of a mortgage or ground lease. The subordination of this Lease shall be specifically conditioned upon Lessor obtaining from the holder of any mortgage, deed of trust, or other instrument in the nature of a mortgage or ground lease, a non-disturbance and attornment agreement to permit the Lessee to continue its quiet enjoyment of the Premises under the terms of this Lease, provided Lessee complies with all of the terms and conditions of this Lease. Lessor shall obtain a commercially reasonable non-disturbance agreement from Lessor’s mortgage lender prior to the Commencement Date.
Subordination Estoppel Certificate. 9.01 Landlord's right, title and interest in and to its leasehold estate and to the Building are derived from and under the Net Lease.
Subordination Estoppel Certificate. This Lease and all interest and estate of Tenant hereunder is subject to and is hereby subordinated to all present and future mortgages and deeds of trust affecting the Premises or the property of which said Xxxxxxxx are a part; provided, however, that a condition precedent to Xxxxxx's agreement to subordinate this Lease pursuant to this section shall be Tenant's receipt of a non-disturbance agreement duly executed and acknowledged by the mortgagee or beneficiary of any deed of trust, and in recordable form, that in the event of foreclosure sale or deed in lieu of foreclosure, for so long as Tenant is not in default under the terms, covenants and conditions of this Lease, this Lease shall continue in full force and effect as a direct Lease between the Tenant and the lender or other succeeding owner of the Premises. Xxxxxx agrees to execute at no expense to the Landlord, any instrument which may be deemed necessary or desirable by Landlord to further effect the subordination of this Lease to any such mortgage or deed of trust. In the event of a sale or assignment of Landlord's interest in the Premises, or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage or deed of trust made by Landlord covering the Premises, Tenant shall attorn to the purchaser and recognize such purchaser as Landlord. Tenant agrees to execute, at no expense to Tenant, an estoppel certificate certifying as to the following matters: (i) that this Lease is in full force and effect, is binding upon Tenant and that the Lease has not been modified (or stating all modifications to this Lease); (ii) the date to which Rent has been paid, the dates to which Rent has been paid in advance, and the amount of any security deposit, if any, or prepaid rent; (iii) the rentable square footage of the Premises; (iv) that there are no current defaults which with the giving of notice or the passage of time or both would constitute a breach or default under the Lease by Tenant, or to Tenant's knowledge, by Landlord (or specifying any such defaults); (v) the Base Rent for the remainder of the Lease term, the Commencement Date, and the Expiration Date; and (vi) such other matters pertaining to the Lease as may be reasonably requested by Landlord or any mortgagee, beneficiary, purchaser or prospective purchaser of the Premises, the Building or any interest therein. 21.
Subordination Estoppel Certificate. ARTICLE XIV. DEFAULTS AND REMEDIES ARTICLE XV. END OF TERM ARTICLE XVI. PAYMENTS AND NOTICES ARTICLE XVII. RULES AND REGULATIONS ARTICLE XVIII. BROKER'S COMMISSION ARTICLE XIX. TRANSFER OF LANDLORD'S INTEREST ARTICLE XX. INTERPRETATION ARTICLE XXI. EXECUTION AND RECORDING ARTICLE XXII. MISCELLANEOUS EXHIBIT B UTILITIES AND SERVICES EXHIBIT C PARKING EXHIBIT D TENANT'S INSURANCE EXHIBIT E RULES AND REGULATIONS EXHIBIT X WORK LETTER/BUILD TO SUIT
