Nondisturbance and Attornment Agreement Sample Clauses

Nondisturbance and Attornment Agreement. Prior to the execution of this Lease, Landlord shall use reasonable efforts to cause the Lessor under the Master Ground Lease to execute, have acknowledged and deliver to Tenant, for its benefit and the benefit of any assignee pursuant to a Permitted Assignment (as defined in Section 17.1.A below), a Nondisturbance and Attornment Agreement substantially in the form attached to this Lease as Exhibit "C", pursuant to which, among other things, the Lessor under the Master Ground Lease shall (i) consent to and agree to be bound by the option to purchase set forth in Section 3.3 below and the condemnation provisions set forth in Article 15 below, (ii) (intentionally omitted), (iii) certify that the Master Ground Lease is free from default and that this Lease constitutes a Permitted Sublease under the terms of the Master Ground Lease, (iv) agree that notwithstanding any breach or default by Landlord under the Master Ground Lease, it will honor this Lease and not disturb the rights of Tenant hereunder, provided that there is not then in existence an Event of Default, and (v) agree that Tenant shall not be bound by any amendment or modification made to the Master Ground Lease which materially and adversely affects Tenant or the Premises if such amendment or modification is made without the prior written consent of Tenant. If Landlord is unable to obtain said Nondisturbance and Attornment Agreement, or if said Nondisturbance and Attornment Agreement is delivered but deviates from the requirements of Exhibit "C" in some material respect (as determined by Tenant), Tenant may either (i) waive strict conformance with this Section 2.5 and execute this Lease, whereupon the other provisions of the Lease shall have full force and effect, or (ii) refuse to execute this Lease, whereupon this Lease shall have no force or effect and neither Landlord nor Tenant shall have any liability one to the other.
Sample 1
AutoNDA by SimpleDocs
Nondisturbance and Attornment Agreement. So long as the Tenant is not --------------------------------------- in default under the Lease in the payment of rent or in the observance or performance of any of the terms, covenants or conditions of the Lease on the Tenant's part to be observed and performed:
Sample 1
Nondisturbance and Attornment Agreement. It shall be a condition precedent to the lease commencement date, and LESSEE's possession of the premises as well as LESSEE's commencement of payment of rental, that LESSOR shall have obtained a nondisturbance agreement from all mortgagees and senior lessors of the property with respect to this Lease Agreement. The LESSEE shall join in such nondisturbance agreement and shall agree to attorn to the holders of any such mortgages or leases in the event they become the LESSOR under the Lease. Such nondisturbance and attornment agreement shall be in a form customarily used in Broward County, Florida.
Sample 1
Nondisturbance and Attornment Agreement. Within sixty (60) days following the Site Plan Approval Date, Landlord shall obtain from Landlord’s lender an agreement that Tenant’s rights to possession will not be disturbed so long as Tenant is not in default beyond the expiration of applicable grace periods under the Lease, which agreement shall be on such lender’s customary form, subject to such reasonable changes that Tenant may negotiate.
Sample 1
Nondisturbance and Attornment Agreement. Master Lessor hereby agrees that in the event of any termination of the Master Lease, the Sublease shall not be terminated, nor shall the use, possession or enjoyment of the Sublease Premises by the sublessee thereunder be disturbed, nor shall the subleasehold estate created by the Sublease be affected in any other manner so long as no default exists, and no other event has occurred, which has continued to exist for such period of time (after notice and expiration of any grace periods required by the Sublease or by Article III of this Consent), as would entitle Sublessor, pursuant to the Sublease, to terminate the Sublease, or would cause, without any further action by Sublessor, termination of the Sublease or would entitle Sublessor to dispossess the sublessee thereunder. Owner Trustee hereby attorns to Master Lessor, such attornment to be effective and self-operative upon Master Lessor's succeeding to the interest of Sublessor under the Sublease without the execution of any further instrument. The respective rights and obligations of Master Lessor and the sublessee under the Sublease upon such attornment for the balance of the term of the Sublease and any extensions or renewals thereof shall be the same as now set forth in the Sublease, as amended by this Consent.
Sample 1
Nondisturbance and Attornment Agreement. Prepared By: Xxxxxx X. Xxxxxx, Esq. 0 Xxxxxx Xxxxxx Xxxxxx, XX, 00000 (000)000-0000 Return To:
Sample 1
Nondisturbance and Attornment Agreement. Landlord is the Grantor under the following Leasehold Deeds of Trust and Assignment of Leases and Rents recorded in the real property records of Ada County, Idaho in favor of German American Capital Corporation, a Maryland corporation, ("Lender"): $35,430,000 Deed of Trust Recorded December 1, 1998 as Instrument No. 98115292 $114,570,000 Junior Deed of Trust Recorded December 1, 1998 as Instrument No. 98115295 $85,00,000 Third Deed of Trust Recorded October 28, 1999 as Instrument No. 99105435 Assignor will use its best efforts to obtain from Lender and deliver to Assignee simultaneously with the execution of this Assignment the Nondisturbance and Attornment Agreement attached hereto as Exhibit E.
Sample 1
AutoNDA by SimpleDocs
Nondisturbance and Attornment Agreement. Ford and UDOT shall negotiate the terms of the Nondisturbance and Attornment Agreement in good faith and shall use commercially reasonable efforts to obtain the Authority’s execution thereof.
Sample 1

Related to Nondisturbance and Attornment Agreement

  • SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT Simultaneously upon Tenant's execution of this Lease, Tenant shall execute a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as EXHIBIT J. Landlord shall return a fully executed Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as EXHIBIT J executed by Landlord and the Lender named therein, in recordable form, to Tenant as soon as reasonably possible but not later than ninety (90) days after the date of this Lease. Landlord shall use reasonable efforts (which efforts shall not require the expenditure of funds or the threat (or commencement) of litigation) to obtain a so-called "nondisturbance agreement" from any future Landlord's Mortgagee in the form attached hereto as EXHIBIT J or another form reasonably acceptable to Tenant and such Landlord's Mortgagee or other institutional lenders (either the form attached hereto as EXHIBIT J or such other reasonably acceptable form being herein referred to as the "NON-DISTURBANCE AGREEMENT"). Notwithstanding any other provision of this Lease, the subordination of this Lease to any Mortgage under Section 12.(a) and the Attornment of Tenant to any future Landlord Mortgagee under Section 12.(b) shall be conditioned upon such future Landlord's Mortgagee's execution and delivery of a Non-Disturbance Agreement.

  • SUBORDINATION, ATTORNMENT AND NON-DISTURBANCE At the request from time to time by one or more holders of an Encumbrance that may hereafter be placed upon the Leased Property or any part thereof, and any and all renewals, replacements, modifications, consolidations, spreaders and extensions thereof, Lessee will subordinate this Lease and all of Lessee's rights and estate hereunder to each such Encumbrance and will attorn to and recognize such holder (or the purchaser at any foreclosure sale or any sale under a power of sale contained in any such Encumbrance or a holder by a deed in lieu of foreclosure, as the case may be) as Lessor under this Lease for the balance of the Term then remaining, subject to all of the terms and provisions of this Lease; provided that each such institutional holder simultaneously with or prior to recording any such Encumbrance executes and delivers a written agreement in recordable form (a) consenting to this Lease and agreeing that, notwithstanding any such other lease, mortgage, deed of trust, right, title or interest, or any default, expiration, termination, foreclosure, sale, entry or other act or omission under, pursuant to or affecting any of the foregoing, Lessee shall not be disturbed in peaceful enjoyment of the Leased Property nor shall this Lease be terminated or canceled at any time, except in the event Lessor shall have the right to terminate this Lease under the terms and provisions expressly set forth herein; (b) agreeing that it will be bound by all the terms of this Lease, perform and observe all of Lessor's obligations set forth herein; and (c) agreeing that all proceeds of the casualty insurance described in Article 13 of this Lease and all Awards described in Article 14 will be made available to Lessor for restoration of the Leased Property as and to the extent required by this Lease, subject only to reasonable regulation regarding the manner of disbursement and application thereof. Lessee agrees to execute and deliver to Lessor or the holder of an Encumbrance any written agreement required by this Article within ten days of written request thereof by Lessor or such holder of an Encumbrance. Lessee agrees to execute from time to time, at the request of Lessor, an institutional investor of Lessor's or a Facility Mortgagee, a certificate setting forth any defaults of Lessor hereunder and the dates through which Rent has been paid and such other matters as may be reasonably requested.

  • Non-Disturbance Agreements Lender shall enter into, and, if required by applicable law to provide constructive notice or requested by a Tenant, record in the county where the subject Property is located, a subordination, attornment and non-disturbance agreement, substantially in form and substance substantially similar to the form attached hereto as Exhibit K (a “Non-Disturbance Agreement”), with any Tenant (other than an Affiliate of Borrower) entering into a New Lease permitted hereunder or otherwise consented to by Lender within ten (10) Business Days after written request therefor by Borrower, provided that, such request is accompanied by an Officer’s Certificate stating that such Lease complies in all material respects with this Section 8.7. All reasonable third party costs and expenses incurred by Lender in connection with the negotiation, preparation, execution and delivery of any Non-Disturbance Agreement, including, without limitation, reasonable attorneys’ fees and disbursements, shall be paid by Borrower (in advance, if requested by Lender).

  • Attornment Subject to the non-disturbance provisions of Paragraph 30.3, Lessee agrees to attorn to a Lender or any other party who acquires ownership of the Premises by reason of a foreclosure of a Security Device, and that in the event of such foreclosure, such new owner shall not: (i) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership, (ii) be subject to any offsets or defenses which Lessee might have against any prior lessor, or (iii) be bound by prepayment of more than one month's rent.

  • Subordination and Attornment Upon request of the Lessor, Lessee will subordinate its rights hereunder to the lien of any mortgage now or hereafter in force against the property or any portion thereof, and to all advances made or hereafter to be made upon the security thereof, and to any ground or underlying lease of the property provided, however, that in such case the holder of such mortgage, or the Lessor under such Lease shall agree that this Lease shall not be divested or in any way affected by foreclosure, or other default proceedings under said mortgage, obligation secured thereby, or Lease, so long as the Lessee shall not be in default under the terms of this Lease. Lessee agrees that this Lease shall remain in full force and effect notwithstanding any such default proceedings under said mortgage or obligation secured thereby. Lessee shall, in the event of the sale or assignment of Lessor's interest in the building of which the Premises form a part, 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 made by Lessor covering the Premises, attorn to the purchaser and recognize such purchaser as Lessor under this Lease.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!