Nondisturbance definition

Nondisturbance. Subordination and Attornment Agreement", as used in this Article, shall mean a provision in any instrument or a duly executed and acknowledged separate instrument, in form suitable for recording, providing that for so long as Tenant continues to pay the Fixed Rent and any Additional Rent in accordance with this Lease, and otherwise performs and complies with the terms and provisions of this Lease, and so long as no Events of Default, as defined in Article 21 herein exist on Tenant's part hereunder, and provided that Tenant attorns to the party executing such Nondisturbance, Subordination and Attornment Agreement, that such mortgagee will not name or join Tenant as a party defendant in any suit or proceeding for the dispossess of the Tenant herein, or for the foreclosure of such mortgage, and that this Lease and Tenant's possession of the Demised Premises and all of the Tenant's rights hereunder, including Tenant's right to renew this Lease, shall not be disturbed or affected. Same shall be delivered by such mortgagee on its standard form.
Sample 1
Nondisturbance. The following sentence is added to the end of Section 20.1: Notwithstanding the foregoing or any other provision of this Lease, this Lease shall not be subordinate to any Mortgage placed against the Premises after the date of this Lease unless the holder of such Mortgage agrees in writing that so long as Lessee is not in default under this Lease past any applicable cure period, Lessee's possession of the Premises and rights under this Lease will not be disturbed or otherwise affected by such holder in the event such holder acquires Lessor's interest in this Lease by foreclosure, deed in lieu of foreclosure, or other action.
Sample 1

Examples of Nondisturbance in a sentence

  • Any such Subordination, Non-disturbance and Attornment Agreement shall be recorded in the official records of the office of the County Recorder in the County in which the Premises is located.

  • If Purchaser shall fail to provide such Subordination, Nondisturbance and Attornment Agreement, the Operating Lease shall be superior to the lien of said financing.

  • At Landlord's request, Tenant agrees to execute, acknowledge, and deliver within ten (10) days to Landlord a Subordination, Attornment & Nondisturbance Agreement ("Subordination Agreement"), subject to Landlord's reasonably proposed form(s).

  • If ----------------------------------------- Purchaser, in connection with the Closing or thereafter during the term of the Operating Lease, desires to obtain financing from a Mortgagee secured by a lien on the Property, Purchaser shall cause the Mortgagee to provide Operating Lessee, as lessee, with a Subordination, Nondisturbance and Attornment Agreement.

  • Tenant shall be responsible for paying any fees or expenses charged by such mortgagee, ground lessor or trustee in connection with such Nondisturbance Agreement.

  • Xxxxxxx, Registered Professional Land Surveyor No. 4183, as affected by Subordination, Nondisturbance and Attornment Agreement with Principal Life Insurance Company to be recorded in the Real Property Records of Tarrant County, Texas.

  • Landlord's right to obtain such a future subordination is subject to Landlord's providing Tenant with a written Subordination, Nondisturbance and Attornment Agreement from any such ground lessor, beneficiary or mortgagee wherein Tenant's right to peaceable possession of the Demised Premises during the Lease Term shall not be disturbed if Tenant pays the Rent and performs all of Tenant's obligations under this Lease and is not otherwise in default.

  • Subject to Tenant's receipt of the Nondisturbance Agreement described herein, Tenant waives the provisions of any current or future statute, rule or law which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of the Tenant hereunder in the event of any foreclosure proceeding or sale.

  • Since a Mortgagee Nondisturbance Agreement is contemplated, any foreclosure of such mortgagee's lien shall not terminate this lease even if such lien is superior to the lease.

  • Each of the lienholders and/or ground ------------------------- lessors listed in Schedule 9.18 shall have entered into nondisturbance agreements with HDS substantially in the form of Annex XII (collectively the "Nondisturbance Agreements").

Related to Nondisturbance

  • Disturbance means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

  • Non-Disturbance Agreement shall have the meaning set forth in Section 8.8.9.

  • SNDA means a Supplemental New Drug Application, as defined in the FDCA and applicable regulations promulgated thereunder.

  • Estoppel Certificate As defined in Section 23.1(a).

  • Estoppel Letter A document executed by the Cooperative Corporation certifying, with respect to a Cooperative Unit, (i) the appurtenant Proprietary Lease will be in full force and effect as of the date of issuance thereof, (ii) the related stock certificate was registered in the Mortgagor's name and the Cooperative Corporation has not been notified of any lien upon, pledge of, levy of execution on or disposition of such stock certificate, and (iii) the Mortgagor is not in default under the appurtenant Proprietary Lease and all charges due the Cooperative Corporation have been paid.

  • Assignment of Proprietary Lease With respect to a Cooperative Loan, the assignment of the related Cooperative Lease from the Mortgagor to the originator of the Cooperative Loan.

  • Subordination The provisions described in Section 4.05 relating to the allocation of Realized Losses.

  • Landlord Waiver means a letter in form and substance reasonably acceptable to the Administrative Agent and executed by a landlord in respect of Inventory of a Loan Party located at any leased premises of a Loan Party pursuant to which such landlord, among other things, waives or subordinates on terms and conditions reasonably acceptable to the Administrative Agent any Lien such landlord may have in respect of such Inventory.

  • Landlord Access Agreement means a Landlord Access Agreement, substantially in the form of Exhibit G, or such other form as may reasonably be acceptable to the Administrative Agent.

  • Proprietary Lease With respect to any Cooperative Unit, a lease or occupancy agreement between a Cooperative Corporation and a holder of related Cooperative Shares.

  • Bailee Agreement means a Bailee Agreement among Seller, Buyer and Bailee in the form of Exhibit IV hereto.

  • Assignment of Insurances shall have the meaning provided in the definition of “Collateral and Guaranty Requirements”.

  • Landlord Consent and Estoppel means, with respect to any Leasehold Property, a letter, certificate or other instrument in writing from the lessor under the related lease, pursuant to which, among other things, the landlord consents to the granting of a Mortgage on such Leasehold Property by the Credit Party tenant, such Landlord Consent and Estoppel to be in form and substance reasonably acceptable to Collateral Agent in its reasonable discretion, but in any event sufficient for Collateral Agent to obtain a Title Policy with respect to such Mortgage.

  • Ground Lessor means the lessor under the Ground Lease.

  • Lease Assignment has the meaning set forth in Section 3.6(d).

  • Access Agreement means a landlord consent, bailee letter or warehouseman’s letter, in form and substance reasonably satisfactory to Agent, in favor of Agent executed by such landlord, bailee or warehouseman, as applicable, for any third party location.

  • Assignment of Leases With respect to any Mortgaged Property, any assignment of leases, rents and profits or similar agreement executed by the Mortgagor, assigning to the mortgagee all of the income, rents and profits derived from the ownership, operation, leasing or disposition of all or a portion of such Mortgaged Property, in the form which was duly executed, acknowledged and delivered, as amended, modified, renewed or extended through the date hereof and from time to time hereafter.

  • Bailee Letter has the meaning assigned to such term in the Custodial Agreement.

  • Landlord Agreement means an agreement substantially in the form provided by Lender to Borrower or such other form as Lender may agree to accept.

  • Assignment of Lease means the Assignment of Lease to be executed by the Seller at the Closing with respect to each parcel of Leased Real Property listed on Section 3.16(b) of the Disclosure Schedule, in a form to be mutually agreed by the Seller and the Purchaser.

  • Lease Assignments means the assignments of real property leases and subleases by and between a member of the Nuance Group, as assignor, and a member of the SpinCo Group, as assignee, in each case as set forth on Schedule XII under the caption “Lease Assignments.”

  • Easement means an acquired legal right for the specific use of land owned by others.

  • Superior Landlord means and includes people or persons to whom the ownership or interest in the Leasehold Property might revert in the fullness of time.