SNDAs Sample Clauses

SNDAs. Upon the written request of Buyer, Seller agrees to forward to each tenant under any Lease, at no cost to Seller and solely as an accommodation to Buyer, a subordination, non-disturbance and attornment agreement in the form acceptable to Buyer (a “SNDA”). It is expressly understood and agreed that the receipt of one or more SNDAs in any form executed by Tenants shall not be a condition to Buyer’s obligation to proceed with the Closing under this Agreement.

SNDAs. Seller shall use commercially reasonable efforts to obtain a Subordination, Non-Disturbance and Attornment Agreement (“SNDA”) from the Major Tenants. The form of the SNDAs for the Major Tenants shall be substantially identical to the SNDAs attached hereto as Exhibit I (the “Kroger Form SNDA”) and Exhibit J (the “Family Dollar Form SNDA”); subject, however, to such changes in form as may be required by a Major Tenant to conform the attached form to the current form used by such Major Tenant as its standard form. Buyer, with prior or concurrent notice to Seller, shall have the right to contact Tenants about the SNDAs and negotiate SNDAs directly with the Tenants. Seller shall reasonably cooperate with Buyer in the process of obtaining SNDAs. Buyer shall respond promptly to Tenant changes, modifications and comments to SNDAs and shall use commercially reasonable efforts to obtain final, executed SNDAs in a timely manner. Nothing herein shall prohibit or limit Seller from interaction with and direct contact with, any Tenant, at any time or from time to time, about an SNDA or such Tenant’s contacts with Buyer. It shall be a Buyer Closing Condition that Buyer shall have received SNDAs from the Major Tenants (which SNDAs shall be dated no earlier than forty-five (45) days prior to the Closing Date) no later than three (3) Business Days prior to the initial Closing Date, or if the Closing Date is extended as provided, below, no later than two (2) Business Days prior to the Closing Purchase and Sale Agreement Date, as extended. If Seller has not obtained SNDAs from the Major Tenants by the date that is three (3) Business Days prior to the initial, scheduled Closing Date, either Seller or Buyer may extend the Closing Date one time, for up to an additional ten (10) Business Days, upon written notice to the other Party delivered no later than two (2) days prior to the initial, scheduled Closing Date. If Seller has not delivered the SNDAs of the Major Tenants by the date that is two (2) Business Days prior to the extended Closing Date, Buyer may terminate this Agreement by written notice delivered to Seller no later than the extended Closing Date. The duration of such extension in the Closing Date shall not be computed in the calculation of the 45-day aging requirements for Tenant Estoppels or SNDA and such aging requirement shall be premised on the initial, scheduled Closing Date and not the extended Closing Date. If Buyer exercises its right to terminate this Agreeme...

SNDAs. Each Seller shall use commercially reasonable efforts to assist Buyer in its efforts to obtain a subordination, non-disturbance and attornment agreement (the “SNDAs”) from the Major Tenants and other tenants specifically identified by any lender providing mortgage financing to Buyer for the Assets, in the form reasonably requested by such lender.

SNDAs. Borrower shall use commercially reasonable efforts to obtain SNDAs from each of the tenants occupying more than fifteen percent (15%) of the net rentable area of the Property within sixty (60) days after the Closing Date.

SNDAs. As an accommodation and not a condition precedent to Closing, Seller shall cooperate with Buyer at no cost to Seller in order to obtain from tenants the form of Subordination, Non Disturbance and Attornment Agreement which may be required by Buyer’s lender (if applicable) signed and notarized by tenants, it being agreed that the failure to obtain any such agreements shall not excuse Buyer from its obligation to proceed to Closing hereunder.

SNDAs. Borrower shall use commercially reasonable efforts to obtain, from each tenant leasing more than fifteen percent (15%) of the net rentable area of the Property, a Subordination Agreement; Acknowledgment of Lease Assignment, Estoppel, Attornment and Non-Disturbance Agreement in the form of Exhibit B or in such other form as may be approved by Lender (each such agreement, a “SNDA”).

SNDAs. Seller shall reasonably cooperate with Buyer by requesting no later than 2 business days following receipt of the form(s) for same from Buyer a subordination, non-disturbance and attornment agreement executed and acknowledged by each Lessee in form and substance required by Buyer’s lender; provided that the receipt of same shall not be a condition to the Close of Escrow.

SNDAs. Upon the request of Buyer, Seller shall request, at no material cost or expense to Seller, the tenants execute a subordination and non-disturbance agreement in the form requested by Buyer (an “SNDA”) and Seller shall deliver to Buyer any executed SNDA upon receipt of same. Seller’s failure to obtain an SNDA from the tenants shall not constitute a default by Seller hereunder or be a condition precedent to Closing.

SNDAs. Within sixty (60) days after the execution of each Major Lease, the Borrower agrees to use its best efforts to deliver or to cause to be delivered to the Administrative Agent a fully executed and acknowledged non-disturbance, attornment, estoppel and subordination agreement from the tenant under such Major Lease. At the Administrative Agent's request, the Borrower shall also exercise diligent efforts to deliver fully executed estoppel certificates executed by the parties to the Material Contracts. All agreements required under the terms of this subsection shall be in form and substance reasonably satisfactory to the Administrative Agent.