Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. (b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 17 contracts
Sources: Standard Industrial Lease (International Menu Solutions Corp), Standard Industrial Lease (Entech Environmental Technologies Inc), Standard Industrial Lease (Earth & Ocean Sports Inc)
Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 11 contracts
Sources: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (T Netix Inc), Standard Industrial Lease (Qad Inc)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 8 contracts
Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Sirf Technology Inc), Standard Office Lease (Impac Mortgage Holdings Inc)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Option shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 5 contracts
Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Superior National Insurance Group Inc), Standard Office Lease (Jakks Pacific Inc)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 5 contracts
Sources: Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc), Commercial Lease (Easyriders Inc)
Subordination. (a) This LeaseUpon written request of Lessor, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trustFacility Mortgagee, or the beneficiary of any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground leaseof Lessor, and shall give Lessee will enter into a written notice thereof agreement subordinating its rights pursuant to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(bi) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasethe interest of any lease in which Lessor is the lessee and to all modifications, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunderextensions, substitutions thereof (or, at Lessor's option, agree to the subordination to this Lease of the lien of said mortgage, deed of trust or the interest of any lease in which Lessor is the lessee), and (ii) to all advances made or hereafter to be made thereunder. In connection with any such request, Lessor shall execute provide Lessee with a "Non-Disturbance Agreement" reasonably acceptable to such documents on behalf mortgagee, beneficiary or lessor providing that if such mortgagee, beneficiary or lessor acquires the Leased Properties by way of Lessee as foreclosure or deed in lieu of foreclosure, such mortgagee, beneficiary or lessor will not disturb Lessee's attorney-in-factpossession under this Lease and will recognize Lessee's rights hereunder if and for so long as no Event of Default has occurred and is continuing. Lessee does hereby makeagrees to consent to amend this Lease as reasonably required by the Facility Mortgagee, constitute and irrevocably appoint Lessor as shall be deemed to have unreasonably withheld or delayed its consent if the required changes do not materially (i) alter the economic terms of this Lease, (ii) diminish the rights of Lessee's attorney, or (iii) increase the obligations of Lessee, provided that Lessee shall also have received the non-in-fact and disturbance agreement provided for in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Article.
Appears in 4 contracts
Sources: Purchase and Sale Agreement (Williams Companies Inc), Master Lease Agreement (Williams Companies Inc), Master Lease (Williams Communications Group Inc)
Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 3 contracts
Sources: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this the Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 3 contracts
Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)
Subordination. (a) This Lease, at LessorThe Lease and Lessee's option, tenancy shall be subject and subordinate at all times to the lien of any ground lease, mortgage, mortgage or deed of trust, or any other hypothecation or security trust now or hereafter placed upon the real property interest of which Lessor and the Premises are Premises, provided that such subordination shall be contingent upon Lessor delivering to Lessee a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, attornment and non-disturbance agreement (a) in form reasonably acceptable to Lessee's right , Lessor and the holder of such mortgage or deed of trust which shall include, but not be limited to, a provision (i) requiring the Lessor to quiet possession provide a fully executed copy of the Premises agreement to the Lessee, (ii) requiring the Lessor to promptly provide written notice to Lessee when the mortgage or deed of trust has been released by the mortgagee or trustee, (iii) that the agreement shall not be disturbed if Lessee is not modify in default and so long as Lessee shall pay any manner the rent and observe and perform all of the provisions terms of this Lease, unless this Lease is otherwise terminated pursuant to its termsand (iv) that any new owner or holder of the mortgage or deed of trust shall abide by all the terms and conditions of the Lease, and (b) executed by the holder of such mortgage or deed of trust, Lessor and Lessee. If Lessee also agrees that any mortgagee, mortgagee or trustee or ground lessor shall may elect to have this Lease a prior lien to the lien of its mortgage, mortgage or deed of trust or ground leasetrust, and shall give written notice thereof in the event of such election, and upon notification by such mortgagee or trustee to LesseeLessee to that effect, this Lease shall be deemed prior in lien to such mortgage, the said mortgage or deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, mortgage or deed of trust or ground lease or the date of recording thereof.
(b) trust. Lessee agrees to execute and deliver such instruments as may be reasonably requested by Lessor or by any documents required to effectuate an attornment, a subordination mortgagee or to make trustee subordinating this Lease prior to the lien of any mortgage, present or future mortgage or deed of trust trust, or ground lease, as may be otherwise required to carry out the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf intent of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)section.
Appears in 3 contracts
Sources: Lease Agreement, Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's Tenant’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Landlord shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents document required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's Tenant’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, Tenant hereunder without further notice to Tenant or, at Lessor's Landlord’s option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as Lessee's Tenant’s attorney-in-fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's Tenant’s attorney-in-fact and in Lessee's Tenant’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 3 contracts
Sources: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)
Subordination. (a) a. This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof.
(b) b. Lessee agrees to execute any reasonable documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 3 contracts
Sources: Ground Lease Agreement (Pilgrims Pride Corp), Ground Lease Agreement (Pilgrims Pride Corp), Ground Lease Agreement (Pilgrims Pride Corp)
Subordination. (a) This LeaseLease is and shall be prior to any mortgage recorded after the date of this Lease affecting the Building. If, at Lessor's optionhowever, shall a lender requires that this Lease be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior subordinate to such that mortgage if Landlord first obtains from the lender a written agreement that provides substantially the following: *Notwithstanding the foregoing, Tenant and Landlord agree that Tenant's name shall be painted on the front entrance glass similar to the existing names. The cost and liability for said signage shall be borne by Tenant. *As long as Tenant performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the mortgage, and no steps or procedures taken under the mortgage, shall affect Tenant's rights under this Lease. Tenant shall attorn to any purchaser at any foreclosure sale, or to any grantee or transferee designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the lender to accomplish the purposes of this Section. If requested by the holder of any mortgage or deed of trust, Tenant shall enter into a new lease with the holder of such mortgage or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust for the balance of the term of this Lease upon the same terms and conditions set forth herein, or ground lease or the date of recording thereof.
(b) Lessee shall attorn to such party provided such party agrees to execute any documents required to effectuate an attornment, a subordination or to make recognize this Lease prior to as long as Tenant shall not be in default hereunder beyond the lien of any mortgage, deed of trust or ground lease, as period for curing the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)same.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated date prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-’s attorney in fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 3 contracts
Sources: Lease (Local Matters Inc.), Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If Landlord or any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgagea mortgagee, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to Tenant shall execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lesseebe (including, without limitation, a Subordination, Non-Disturbance and Attornment Agreement in the standard form used by Landlord's failure lender), and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereundertherefor, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to execute do the same. Upon Tenant's written request to Landlord, Landlord shall request that its lender issue to Tenant a non-disturbance agreement on such documents lender's standard form; provided, however, the failure of such lender to issue a non-disturbance agreement shall in accordance with no way affect Tenant's obligations under this paragraph 30(b)Lease.
Appears in 2 contracts
Sources: Lease Agreement (Adept Technology Inc), Lease Agreement (Adept Technology Inc)
Subordination. (a) This Lease, and any Option granted hereby, at Lessor▇▇▇▇▇▇'s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed ?ILLEGIBLE? if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise ?ILLEGIBLE? terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee▇▇▇▇▇▇'s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to ▇▇▇▇▇▇ or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee ▇▇▇▇▇▇ does hereby make, constitute and irrevocably appoint Lessor ▇▇▇▇▇▇ as Lessee▇▇▇▇▇▇'s attorney-in-fact and in Lessee▇▇▇▇▇▇'s name, place and stead, to execute such documents in accordance with this is paragraph 30(b).
Appears in 2 contracts
Sources: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph Paragraph 30(b).
Appears in 2 contracts
Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks Inc)
Subordination. (a) This That Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgages, trustee or ground lessor lesse shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 2 contracts
Sources: Industrial Lease (Esterline Technologies Corp), Industrial Lease (Esterline Technologies Corp)
Subordination. (a) a. This Lease, at Lessor's Lessors option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter hereinafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) b. Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's Lessors option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b31(b).
Appears in 2 contracts
Sources: Standard Industrial Lease (Optical Access Inc), Standard Industrial Lease (Optical Access Inc)
Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust trust, or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's ’s failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's ’s option, Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises and other rights under this Lease shall not be disturbed and shall be recognized if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this LeaseLease within the periods of grace provided for herein, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 2 contracts
Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)
Subordination. (a) This LeaseUpon written request of Lessor, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trustFacility Mortgagee, or the beneficiary of any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground leaseof Lessor, and shall give Lessee will enter into a written notice thereof agreement subordinating its rights pursuant to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(bi) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasethe interest of any lease in which Lessor is the lessee and to all modifications, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunderextensions, substitutions thereof (or, at Lessor's option, agree to the subordination to this Lease of the lien of said mortgage, deed of trust or the interest of any lease in which Lessor is the lessee), and (ii) to all advances made or hereafter to be made thereunder. In connection with any such request, Lessor shall execute provide Lessee with a "Non-Disturbance Agreement" reasonably acceptable to such documents on behalf mortgagee, beneficiary or lessor providing that if such mortgagee, beneficiary or lessor acquires the Leased Properties by way of Lessee as foreclosure or deed in lieu of foreclosure, such mortgagee, beneficiary or lessor will not disturb ▇▇▇▇▇▇'s possession under this Lease and will recognize Lessee's attorneyrights hereunder if and for so long as no Event of Default has occurred and is continuing. ▇▇▇▇▇▇ agrees to consent to amend this Lease as reasonably required by any Facility Mortgagee, and shall be deemed to have unreasonably withheld or delayed its consent if the required changes do not materially (i) alter the economic terms of this Lease, (ii) diminish the rights of Lessee, or (iii) increase the obligations of Lessee, provided that Lessee shall also have received the non-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and disturbance agreement provided for in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Article.
Appears in 2 contracts
Sources: Master Lease (Omega Healthcare Investors Inc), Master Lease (Omega Healthcare Investors Inc)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-attorney in fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 2 contracts
Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Rosetta Inpharmatics Inc)
Subordination. (a) This Lease, at LessorLandlord's option, shall be ------------- subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part (or upon Landlord's leasehold interest in such real property) and to any and all advances advance made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed by Landlord or any person succeeding to Landlord's interest in the Premises if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 2 contracts
Sources: Lease Agreement (Citysearch Inc), Lease Agreement (Ticketmaster Online Citysearch Inc)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee Tenant agrees to execute and deliver any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 2 contracts
Sources: Lease Agreement (Celebrate Express, Inc.), Lease Agreement (Celebrate Express, Inc.)
Subordination. (a) This Lease, at Lessor's option, shall be Tenant agrees that this Lease is subject and subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof ground or underlying leases and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed first mortgages or deeds of trust now on or ground leasewhich at any time may be made a lien upon the Building, as or any part thereof, and to all advances made or hereafter to be made upon the case may besecurity thereof. Lessee's failure This subordination provision shall be self-operative and no further instrument of subordination shall be required. Tenant agrees to execute and deliver, upon request, within five (5) days demand by Landlord, such documents within 10 days after written demand further instrument or instruments confirming this subordination as shall constitute a material default be desired by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee Landlord or by any mortgagee or proposed mortgagee; and Tenant hereby constitutes and appoints Landlord as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as LesseeTenant's attorney-in-fact and in Lessee's name, place and stead, to execute any such documents in accordance instrument or instruments. Upon Tenant's written request, Landlord shall use its best efforts to acquire from any such mortgagee an agreement that any proceeding to foreclose, sell or any other action taken under the mortgage shall not affect Tenant's rights to continue to occupy the Leased Premises and exercise and enjoy all of its rights hereunder so long as Tenant complies with the terms and provisions of this paragraph 30(b)Lease, and continues to make the payments required here-under to the appropriate designated party, provided, Landlord's failure to acquire such an agreement shall not mitigate Tenant's obligations hereunder. Tenant further agrees that, at the option of the holder of any first mortgage or of the trustee under any first deed of trust, this Lease may be made superior to said first mortgage or first deed of trust by the insertion therein of a declaration that this Lease is superior thereto.
Appears in 2 contracts
Sources: Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc)
Subordination. (a) This LeaseTenant shall, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property request of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsLandlord in writing, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless subordinate this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any present or future institutional mortgage upon the Leased Premises irrespective of the time of execution or the time of recording of any such mortgage. Provided, deed however, that as a condition to such subordination, the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that:
i. in the event of foreclosure or other action taken under the mortgage by the holder thereof, this Lease and the rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder
ii. such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required by the provisions of this Agreement, respectively. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or ground leaseother similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Article 24 means a mortgage securing a loan from a bank or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Leased Premises.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Vision Marine Technologies Inc.), Commercial Lease Agreement (Vision Marine Technologies Inc.)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises Premised shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease Lese prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp), Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)
Subordination. (a) This Lease, at Lessor's option, Lessor shall be have the right to subordinate this Lease to any ground lease, mortgage, deed of trusttrust or mortgage encumbering the Premises, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all any renewals, modifications, consolidations, replacements and or extensions thereof, whenever made or recorded. Notwithstanding Lessee shall execute and deliver such instruments of subordination as Lessor shall request in order to effectuate such subordination. However, Lessee's ’s right to quiet possession of the Premises during the Term shall not be disturbed or impaired if Lessee is not in default and so long as Lessee shall pay pays the rent and observe and perform performs all of the provisions of this Lease, unless Lessee’s obligations under this Lease and is not otherwise terminated pursuant to its termsin material default. If any mortgagee, trustee deed of trust beneficiary or ground lessor shall elect mortgagee elects to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, mortgage and shall give gives written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, mortgage whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease mortgage or the date of recording thereof.
(b) If Lessor’s interest in the Premises is acquired by any beneficiary under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee agrees shall attorn to execute the transferee of or successor to Lessor’s interest in the Premises and recognize such transferee or successor as Lessor under this Lease. Lessee waives the protection of any documents required statute or rule of law which gives or purports to effectuate an attornment, a subordination or give Lessee any right to make terminate this Lease prior or surrender possession of the Premises upon the transfer of Lessor’s interest.
(c) Lessee shall sign and deliver any reasonable and customary instrument or documents necessary or appropriate to evidence the lien above attornment and subordination. Such attornment and subordination documents may contain such provisions as are customarily and reasonably required by any ground lessor, beneficiary under a deed of any trust or mortgagee, and shall include reasonable non-disturbance provisions.
(d) Upon Lessor’s written request during the Term, Lessee shall execute, acknowledge and deliver to Lessor a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Lessor is not in default under this Lease (or, if Lessor is claimed to be in default, stating why); and (v) such other matters as may be reasonably required by Lessor or the holder of a mortgage, deed of trust or ground lease, as lien to which the case may bePremises is or becomes subject. Lessee's failure Lessee shall deliver such statement to execute such documents Lessor within 10 ten (10) days after written demand shall constitute a material default Lessor’s request. Any such statement by Lessee hereundermay be given by Lessor to any prospective purchaser or encumbrancer of the Premises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. In addition, orLessee agrees to deliver to any lender with whom Lessor is refinancing the Premises, at Lessor's optionon a strictly confidential basis, Lessor shall execute the Lessee’s most current financial statements then available, for the purpose of facilitating such documents on behalf lender’s refinance of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)the Premises.
Appears in 2 contracts
Sources: Lease and Services Agreement, Lease and Services Agreement
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Leased Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Leased Premises and any options to renew or purchase shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall entitle Landlord to execute such documents on behalf of Lessee Tenant as LesseeTenant's attorney-in-in- fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(bParagraph 16(b).
Appears in 2 contracts
Sources: Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc)
Subordination. (a) This Lease, ▇▇▇▇▇▇ agrees at Lessor's option, shall be the request of ▇▇▇▇▇▇ to subordinate this Lease to any ground leasefirst mortgage or other security interest hereafter created covering the Leased Premises or any portion of the Leased Premises and to any renewal, modification, replacement or extension or any existing first mortgage, deed of trust, or any other hypothecation mortgage or security now or hereafter placed upon the real property of which the Premises are a part interest hereinafter created and to any and all advances made on the security thereof and or to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right be made thereunder or to quiet possession any ground Lease of the Premises Property or the Building, provided that the mortgagee or holder of such security interest or ground Lessor agrees, for itself and its successors and assigns in writing with the LESSEE that so long as LESSEE shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of under this Lease, unless the mortgagee or other holder of such security interest or ground LESSOR and its successors and assigns will not disturb the peaceful quiet enjoyment of the Leased Premises by the LESSEE. LESSEE also agrees that if this Lease is otherwise terminated pursuant so subordinated, no entry under any mortgage or sale for the purpose of foreclosing the same or entry for termination of any ground Lease shall be regarded as an eviction of LESSEE, constructive or otherwise, or give LESSEE any right to its terminate this Lease, whether it attorns or becomes LESSEE of the mortgagee or new owner, and such mortgage, or security interest to which this Lease shall become subordinated may contain such other terms, provisions and conditions as are usual and customary. If ▇▇▇▇▇▇ agrees that it will, within ten (10) days of receipt of written request of the LESSOR, execute and deliver any mortgageeand all instruments necessary or desirable to give effect to or notice of such subordination in such forms as may be required by such mortgagee or other holder of such security interest or ground Lessor, trustee and LESSOR shall deliver a Non-Disturbance Agreement executed by such mortgagee or other holder of such security interest or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereofLESSEE within 30 days thereafter.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Commercial Lease (Maker Communications Inc), Commercial Lease (Maker Communications Inc)
Subordination. (a) This LeaseLease and the rights of Lessee hereunder are subject and subordinate in all respects to all matters of record, at Lessor's optionincluding, shall without limitation, deeds of trust and all mortgages which may now or hereafter be subordinate to any ground lease, mortgage, deed of trustplaced on or affect the Demised Premises, or any other hypothecation part thereof, and/or Lessor's interest or security now or hereafter placed upon the real property of which the Premises are a part estate therein, and to each advance made and/or hereafter to be made under any and all advances made on the security thereof such mortgages, and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding , and all substitutions therefore; provided, however, that before such subordinationsubordination shall be effective as to any future mortgage or other matters, Lessee's right to quiet possession of Lessor shall cause the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leaseother party in interest, as the case may be, to deliver to Lessee, in proper form for recording, the agreement of such mortgagee or other party that no foreclosure by such mortgagee or any other person claiming by or through or under such mortgagee (or other interest) shall disturb the possession of Lessee under this Lease so long as Lessee is not in default hereunder, and that the validity and continuance of this Lease will be recognized. Lessee's failure Concurrently with the delivery of such an agreement, Lessee agrees to execute and deliver an instrument in proper form for recording, in which Lessee agrees to and does subordinate this Lease to the liens of such documents within 10 days after written demand shall constitute a material default by mortgagees and other matters, and to all renewals, modifications, consolidations and replacements and extensions thereof, and to any persons claiming by, through or under such mortgagees or other interests. Lessee hereunder, orshall, at the request of Lessor's option, execute and deliver to any existing or future mortgagee a certificate indicating whether any claims, defenses or offsets then exist against Lessor, certifying that Lessor shall execute is not in default hereunder and that this Lease is in full force and effect and unmodified, except as specified in said certificate, indicating what rent has been paid and agreeing that this Lease may not be modified without the consent of such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)mortgagee.
Appears in 2 contracts
Sources: Lease Agreement (Alpha Technologies Group Inc), Lease (Alpha Technologies Group Inc)
Subordination. (a) This Leaselease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding thereof (collectively, an "Instrument"), provided that, as a condition precedent to such subordinationsubordination to any Instrument executed after the Effective Date, the ground lessee, mortgagee or beneficiary thereunder agrees in a writing delivered to Lessee that Lessee's right to quiet possession of the Premises shall not be disturbed if so long as Lessee is not in default and so long as Lessee shall pay continuing uncured beyond the rent and observe and perform all expiration of the provisions of this Leaseany applicable grace period, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said such mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease Lessee prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 business days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Lease (Graphic Controls Corp), Lease (Graphic Controls Corp)
Subordination. (a) This LESSOR reserves the right to sell, assign, transfer, mortgage or convey any and all rights it may have in the building, the Leased Premises or this Lease, at Lessor's option, shall be subordinate and to subject this Lease to the lien of any ground lease, mortgage, deed of trust, or any other hypothecation or security mortgage now or hereafter placed upon the real property building or the Leased Premises. However, the subordination of which the Premises are a part and this Lease to any and all advances made on mortgage hereafter placed upon the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of building or the Leased Premises shall not be disturbed if Lessee upon the express condition that this Lease is recognized by LESSOR's mortgagee and that the rights of LESSEE hereunder shall remain in force despite any default in performance of LESSOR, or foreclosure proceedings with respect to any such mortgage, provided LESSEE is not in default in any of its obligations hereunder. Upon the request of LESSOR, LESSEE shall execute any and so long as Lessee shall pay the rent all instruments deemed by LESSOR necessary or advisable to subject and observe and perform all of the provisions of subordinate this Lease, unless and the rights given LESSEE by this Lease is otherwise terminated pursuant Lease, to its termssuch mortgages, as described above. If any mortgagee, trustee Any sale by LESSOR of the building or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, LESSOR's interest under this Lease shall be deemed prior to such mortgagerelease and discharge LESSOR from all further obligations under this Lease, deed provided that the purchaser of trust, the building or ground lease, whether LESSOR's interest under this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make shall recognize this Lease prior to and that the lien rights of any mortgageLESSEE hereunder shall remain in force and the obligations of LESSOR shall be assumed in full by the new owner, deed of trust or ground lease, as the case may be. Lessee's failure to execute despite such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)sale.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Subordination. (a) This Lease, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ▇▇▇▇▇▇’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof.
(b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's Tenant’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default breach by Lessee Tenant hereunder, or, at Lessor's Landlord’s option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as Lessee's ▇▇▇▇▇▇’s attorney-in-fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's ▇▇▇▇▇▇’s attorney-in-fact and in Lessee's ▇▇▇▇▇▇’s name, place and stead, to execute such documents in accordance with this paragraph 30(b)paragraph.
Appears in 2 contracts
Sources: Lease Agreement, Retail Lease
Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If Lessor or any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its a mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to any such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure be (including, without limitation, a Subordination, Non-Disturbance and Attornment Agreement in the standard form used by Lessor’s lender), and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor as Lessee's attorney-in-’s attorney in fact and in Lessee's ’s name, place and stead, to execute do so. Upon Lessee’s written request to Lessor, Lessor shall request that it’s lender issue to Lessee a non-disturbance agreement on such documents lender’s standard form; provided, however, the failure of such lender to issue such a non-disturbance agreement shall in accordance with no way affect Lessee’s obligations under this paragraph 30(b)Lease, including this Section 12.1.
Appears in 2 contracts
Sources: Colocation Lease (Overstock Com Inc), Colocation Lease (Overstock Com Inc)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is in not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)
Subordination. (a) This Lease, at Lessor's option, Lease and all rights of Lessee hereunder shall be subject and subordinate to the lien of any ground lease, mortgage, deed and all deeds of trusttrust that may now or hereafter affect the demised premises, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part thereof, and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and modifications or extensions thereof. Notwithstanding of any such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust. Lessee shall on demand execute, acknowledge, and deliver to Lessor without expense to Lessor, any and all instruments that may be necessary or ground lease, whether proper to subordinate this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior and all rights therein to the lien of any mortgage, deed such deeds of trust and each renewal, modification, or ground leaseextension. If Lessee shall fail at any time to execute, as the case may be. Lessee's failure to execute acknowledge, or deliver any such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's optionsubordination instrument, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby makein addition to any other remedies available in any consequence thereof, constitute may execute, acknowledge, and irrevocably appoint Lessor deliver the same as Lessee's attorney-in-fact and in Lessee's name. Lessee hereby irrevocably makes, place constitutes, and steadappoints Lessors, their successors and assigns, its attorney-in-fact for that purpose. The Lessor, however, shall exercise its best efforts to execute arrange with the holder of any such documents underlying deed of trust for an agreement that if, by dispossess, foreclosure, or otherwise such holder, or any successor in interest, shall come into possession of the premises, or shall become owner of the premises, or take over the rights of the Lessor in the premises, it will not disturb the possession, use, or enjoyment of the leased property by the Lessee, its successors or assigns, nor disaffirm this lease or the Lessee's rights or estate hereunder, so long as all of the obligations of the Lessee are fully performed in accordance with the terms of this paragraph 30(b)Lease.
Appears in 2 contracts
Sources: Lease Agreement (Dyax Corp), Lease Agreement (Dyax Corp)
Subordination. (a) 37.1 This Lease, at LessorLESSOR's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are LEASED PREMISES is a part and to any and all advances made on the security thereof hereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeLESSEE's right to quiet possession of the Premises LEASED PREMISES shall not be disturbed if Lessee LESSEE is not in default and so long as Lessee LESSEE shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeLESSEE, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or to subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee 37.2 LESSEE agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeLESSEE's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee LESSEE hereunder, or, at LessorLESSOR's option, Lessor LESSOR shall execute such documents on behalf of Lessee LESSEE as LesseeLESSEE's attorney-in-fact. Lessee LESSEE does hereby make, constitute constitute, and irrevocably appoint Lessor LESSOR as LesseeLESSEE's attorney-in-fact and in LesseeLESSEE's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Paragraph 37.2.
Appears in 2 contracts
Sources: Office Lease (Merge Technologies Inc), Office Lease (Merge Technologies Inc)
Subordination. (a) This Lease, at LessorLease and Tenant's option, rights hereunder shall be subject and subordinate at all times in lien and priority to any ground lease, mortgage, deed of trust, first mortgage or any other hypothecation or security primary encumbrance now or hereafter placed upon or affecting the real property of which Property or the Premises are a part Premises, and to any and all advances made on second mortgage or encumbrance with the security thereof consent of the first mortgagee, and to all renewals, modifications, consolidations, replacements consolidations and extensions thereof, without the necessity of any further instrument or act on the part of Tenant. Notwithstanding such subordination, Lessee's right to quiet possession of Tenant shall execute and deliver upon demand any further instrument or instruments confirming the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions subordination of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its any such first mortgage or to the lien of any other mortgage, deed if requested to do so by Landlord with the consent of trust or ground leasethe first mortgagee, and shall give written any further instrument or instruments of attornment that may be desired by any such mortgagee or Landlord, provided, however, that any holder of such lien or mortgage agrees not to disturb the use and occupancy of the Premises in accordance with the terms of this Lease Agreement upon any foreclosure. Notwithstanding the foregoing, any mortgagee may at any time subordinate its mortgage to this Lease, without Tenant's consent, by giving notice thereof in writing to Lessee, Tenant and thereupon this Lease shall be deemed prior to such mortgage, deed mortgage without regard to their respective dates of trust, or ground lease, whether execution and delivery. In that event such mortgagee shall have the same rights with respect to this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make as though this Lease had been executed prior to the lien execution and delivery of the mortgage and had been assigned to such mortgagee. Landlord agrees that it will use best efforts to obtain and deliver to Tenant then holder(s) of any mortgagemortgage or other security interest affecting the Premises of Building. In the event Landlord fails to deliver such instrument, deed Tenant shall have the right to terminate this Lease Agreement by delivery of trust or ground lease, as the case may be. Lessee's failure written notice thereof to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Landlord.
Appears in 2 contracts
Sources: Office Space Lease (Nco Group Inc), Office Space Lease (CRW Financial Inc /De)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's =s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's =s option, Lessor shall execute such documents on behalf of Lessee as and Lessee's =s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's =s attorney-in-fact and in Lessee's =s name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.)
Subordination. (a) This Lease, at Lessor's option, Lease shall be subordinate subordinated to any ground lease, mortgage, deed of trust, mortgages that may now exist or any other hypothecation or security now or that may hereafter be placed upon the real property of which the Demised Premises are a part and to any and all advances made on thereunder, and to the security thereof interest upon the indebtedness evidenced by such mortgages, and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding In the event of execution by Landlord after the date of this Lease of any such subordinationmortgage, Lessee's right renewal, replacement or extension, Tenant agrees to quiet possession of execute a subordination agreement with the Premises holder thereof in such form as Landlord reasonably requests, including but not limited to provisions to the effect that: a. Such mortgage holder shall not be disturbed if Lessee disturb the possession and other rights of Tenant under this Lease so long as Tenant is not in default hereunder beyond the applicable cure period specified in this Lease; b. In the event of acquisition of title to the Demised Premises by such mortgage holder, then such holder shall accept Tenant as lessee of the Demised Premises under the terms and so long as Lessee conditions of this Lease and shall pay the rent and observe and perform all the obligations of Landlord hereunder; and c. Tenant shall recognize such holder as Landlord hereunder. Tenant shall, within fifteen (15) days of receipt of a request from Landlord therefor, execute and deliver to Landlord or to any proposed holder of a mortgage or trust deed or to any proposed purchaser of the provisions of Property a certificate in such form as Landlord reasonably requests, certifying that this Lease is in full force and effect and that there are no offsets against rent nor defenses to Tenant's performance under this Lease, unless this Lease is otherwise terminated pursuant to its terms. If or setting forth any mortgagee, trustee such offsets or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasedefenses claimed by Tenant, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Office/Warehouse Lease (Possis Medical Inc), Office/Warehouse Lease (Possis Medical Inc)
Subordination. (a) This Lease, at Lessor's Landlord’s sole option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, refinancings and extensions thereof. Notwithstanding such subordination, Lessee's ▇▇▇▇▇▇’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee . If any mortgage or deed of trust to which this Lease is subordinate is foreclosed or a deed in lieu of foreclosure is given to the mortgagee or beneficiary, Tenant shall attorn to the purchaser at the foreclosure sale or to the grantee under the deed in lieu of foreclosure; if any ground lease to which this Lease is subordinate is terminated, Tenant shall attorn to the ground lessor. ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, or to evidence such attornnent. Lessee's failure to execute Any such documents within 10 days after written demand document of attorn vent shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor also provide that the successor shall execute such documents on behalf not disturb Tenant in its use of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents the Premises in accordance with this paragraph 30(b)Lease.
Appears in 2 contracts
Sources: Full Service Lease (Cyan Inc), Full Service Lease (Cyan Inc)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee . Tenant agrees to execute any documents required requiring to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in Lessee's Tenant s name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 2 contracts
Sources: Commercial Lease (Hit Entertainment Inc), Commercial Lease (Hit Entertainment Inc)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, . deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's ’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ’s option, Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 2 contracts
Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.)
Subordination. (a) This Lease, at LessorLease and all of Lessee's optionrights and interest hereunder, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, in form, substance and content acceptable to any first deed of trust beneficiary. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(bParagraph 31(b).
Appears in 1 contract
Sources: Industrial Lease (Golden West Brewing Company, Inc.)
Subordination. (a) This Lease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If Lessor or any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its a mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to any such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure be (including, without limitation, a Subordination, Non-Disturbance and Attornment Agreement in the standard form used by Lessor’s lender), and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitute, and irrevocably appoint Lessor as Lessee's attorney-in-’s attorney in fact and in Lessee's ’s name, place and stead, to execute do so. Upon Lessee’s written request to Lessor, Lessor shall request that its lender issue to Lessee a non-disturbance agreement on such documents lender’s standard form; provided, however, the failure of such lender to issue such a non-disturbance agreement shall in accordance with no way affect Lessee’s obligations under this paragraph 30(b)Lease, including this Section 12.1.
Appears in 1 contract
Sources: Lease Agreement (Overstock Com Inc)
Subordination. (a) This Lease, at Lessor's option, shall be ▇▇▇▇▇▇ agrees upon request of Lessor to confirm the subordinate nature of this Lease to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which existing mortgage encumbering the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless subordinate this Lease is otherwise terminated pursuant to and its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior rights hereunder to the lien of its any other or future mortgage, deed of trust or ground leaseother voluntary hypothecation arising out of any security instrument duly executed by Lessor charged against the Premises or any portion or portions thereof and to execute at any time and from time to time within ten (10) days after a written request is made a subordination, non-disturbance and attornment agreement substantially in the form of Exhibit E hereto in order to effectuate such subordination; provided, however, that Lessee shall give written notice thereof not be required to Lessee, this Lease shall be deemed prior to effectuate any such mortgage, deed of trust, subordination or ground lease, whether this Lease is dated prior other document hypothecating any interest in the Premises unless the mortgagee or subsequent to the date of said mortgage, beneficiary named in such mortgage or deed of trust shall agree in writing that so long as Lessee is not in default of any of the terms, covenants, or ground lease or the date condition of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornmentthis Lease, a subordination or to make neither this Lease prior to nor any of the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf rights of Lessee as Lesseehereunder shall be terminated or modified or be subject to termination or modification by any trustee's attorneysale, any action or proceeding in foreclosure, or any sale in lieu of the foregoing and any successor-in-factinterest to Lessor shall fulfill all of the obligations of "Lessor" hereunder. In the event of any sale of the Premises by ▇▇▇▇▇▇, (i) Lessor shall be relieved of all liability hereunder and (ii) if requested by Lessor or such transferee, Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorneyshall attorn to the new lessor in consideration for customary non-in-fact and in Lessee's name, place and stead, to execute disturbance assurances by such documents in accordance with this paragraph 30(b)lessor.
Appears in 1 contract
Sources: Lease Agreement (Corporate Realty Income Fund I L P)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or to subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Sources: Industrial Lease (Cerprobe Corp)
Subordination. (a) This Lease, at Attornment: At Lessor's option, this lease shall be subject and subordinate to all ground and underlying leases which now exist or may hereinafter be executed affecting the Building or the land upon which the Building is situated or both, and to the lien of any ground lease, mortgage, deed mortgages or deeds of trust, trust in any amount or any other hypothecation or security amounts whatsoever now or hereafter placed upon on or against the real property land or improvements of which the Premises leased premises are a part part, on or against Lessor's interest or estate therein, or on or against any ground or underlying lease, without the necessity of the execution and to delivery of any and all advances made further instruments on the security thereof and part of Lessee to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding effectuate such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease his lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of the recording thereof.
(b) . Lessee covenants and agrees to execute any documents required and deliver upon demand without charge therefor, such further instruments evidencing such subordination of this lease to effectuate an attornment, a subordination such ground or to make this Lease prior underlying leases and to the lien of any mortgage, deed such mortgages or deeds of trust or ground lease, as the case may bebe required by Lessor. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, hereby appoints Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and steadirrevocably, to execute and deliver any such documents in accordance with this paragraph 30(b)agreements, instruments, releases or other documents.
Appears in 1 contract
Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably irrevocable appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's Lessees' attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. See Paragraph 30(a) (continued) of Addendum.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Sublease Agreement (Intervu Inc)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which Premises and to the Premises are a part lien therof and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required ▇▇▇▇▇red to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 docum▇▇▇▇ ▇ithin ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee L▇▇▇▇▇ does hereby ▇▇▇▇▇y make, constitute and irrevocably an▇ ▇▇▇▇vocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's namean▇ ▇▇ ▇esse▇'▇ ▇▇me, place and stead, to execute such exe▇▇▇▇ ▇uch documents in accordance with this paragraph 30(bParagraph 17(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.ground
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as and Lessee's attorney-in-fact. Lessee does hereby herby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lesseelessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Full Service Lease Gross (National Scientific Corp/Az)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, trust or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, lease and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, lease whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or as of the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably irrevocable appoint Lessor as Lessee's attorney-in-attorney in fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give have written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or to subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Leased Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Leased Premises and any o,pti~ons to renew or purchase shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents reasonably required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall entitle Landlord to execute such documents on behalf of Lessee Tenant as LesseeTenant's attorney-in-in- fact. Lessee Tenant does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(bParagraph 16(b).
Appears in 1 contract
Subordination. (a) 30.1. This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) 30.2. Lessee agrees to execute any all documents required to effectuate an attornment, a subordination subordination, or to make this Lease granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by lessee hereunder without further notice to Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)30.2.
Appears in 1 contract
Subordination. (a) This Lease, at At Lessor's option, this Lease, and the leasehold interests and rights of Lessee, shall be subordinate to any ground lease, master or superior lease, mortgage, deed of trust, or any other hypothecation hypothecation, or security 'interest now or hereafter placed upon the real property of which affecting the Premises are a or any part of the Premises, and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises during the Term shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its termsbe observed and performed by Lessee. If any mortgagee, trustee trustee, lessor or ground lessor security interest holder shall elect to have this Lease regarded as being prior and superior to the lien of its mortgage, deed of trust trust, lease or ground leasesecurity interest, and shall give written notice Notice thereof to Lessee, this Lease shall be deemed prior and superior to such mortgage, deed of trust, lease or ground leasesecurity interest, whether this Lease is dated prior before or subsequent to after the date of said mortgage, deed of trust trust, lease or ground lease security interest, or the date of or recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior and superior to the lien of any mortgage, deed of trust trust, lease or ground leasesecurity interest, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Notice from Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute any such documents in accordance with this paragraph 30(b)document.
Appears in 1 contract
Sources: Lease (United Industries Corp)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If , if any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-attorney in fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Sources: Standard Industrial Lease (Rosetta Inpharmatics Inc)
Subordination. (a) This Lease, ▇▇▇ any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Standard Industrial Lease (Profile Technologies Inc)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Tenant agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure be and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-attorney in fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Sources: Industrial Lease (Rockford Corp)
Subordination. (a) This LeaseLease Agreement, at LessorLESSOR's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Leased Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeCITY's right to quiet possession of the Leased Premises shall not be disturbed if Lessee CITY is not in default and so long as Lessee CITY shall pay the rent and observe and perform all of the provisions of this LeaseLease Agreement, unless this Lease Agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease Agreement and any options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeCITY, this Lease Agreement and such options shall be deemed prior to such mortgage, deed of trust, or trust or ground lease, whether this Lease is Agreement or such options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee . CITY agrees to execute any documents reasonably required to effectuate an attornmentattomment, a subordination subordination, or to make this Lease Agreement or any option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeCITY's failure to execute such documents within 10 sixty (60) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such CITY hereunder without further notice to CITY. Such documents may be executed on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)CITY by the City Manager.
Appears in 1 contract
Sources: Office Space Lease
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if If Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is Is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasegroundlease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in In accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) a. This Lease, at Lessor's option, Lease shall be subordinate to any all ground leaseor underlying leases, mortgagemortgages, deed deeds of trusttrust and conditions, or any other hypothecation or security now or covenants and restrictions, reciprocal easements and rights of way, if any, which may hereafter placed upon affect the real property of which the Premises are a part and to any and all advances made on the security thereof Premises, and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination; provided, Lessee's right to quiet possession of the Premises shall not be disturbed if that so long as Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of under this Lease, unless this Lease is otherwise shall not be terminated or ▇▇▇▇▇▇'s quiet enjoyment of the Premises disturbed in the event of termination of any such ground or underlying lease, or the foreclosure of any such mortgage or deed of trust, to which Lessee has subordinated this Lease pursuant to its termsthis Section. If In the event of a termination or foreclosure, Lessee shall become a tenant of and attorney to the successor-in-interest to ▇▇▇▇▇▇ upon the same terms and conditions as are contained in this Lease, and shall execute any mortgageeinstrument reasonably required by ▇▇▇▇▇▇'s successor for that purpose. Lessee shall also, trustee or ground lessor shall elect upon written request of Lessor, execute and deliver all instruments as may be required from time to have time to subordinate the rights of Lessee under this Lease prior to any ground or underlying lease or to the lien of its mortgage, deed of trust any mortgage or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or if requested by Lessor, to subordinate, in whole or in part, any ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground underlying lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, mortgage or deed of trust or ground lease, as the case may be. Lessee's failure to this Lease.
b. Failure of Lessee to execute such documents any statements or instruments necessary or desirable to effectuate the provisions of this Article within 10 ten (10) days after written demand request by Lessor, shall constitute a material default under this Lease. In that event, Lessor, in addition to any other rights or remedies it might have, shall have the right, by Lessee hereunderwritten notice to Lessee, or, at to terminate this Lease as of a date not less than twenty (20) days after the date of ▇▇▇▇▇▇'s notice. Lessor's option, Lessor election to terminate shall execute such documents on behalf not relieve Lessee of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)any liability for its default.
Appears in 1 contract
Sources: Lease Agreement (Casinovations Inc)
Subordination. (a) This Lease, and any Option granted hereby, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's ’s failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ’s option, Lessor shall execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Sublease Agreement (Inamed Corp)
Subordination. (a) This Provided that Lessee receives a nondisturbance agreement acceptable to Lessee this Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Industrial Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, . this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trusttrusts, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modificationsmodification, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, Lessee's Tenant’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this Lease, Lease unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof therof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or of ground lease or the date of recording thereof.
(b) Lessee . Tenant agrees to execute any documents required requiring to effectuate an attornment, a effect such subordination or to make this Lease Lease, prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, make constitute and irrevocably appoint Lessor Landlord as Lessee's attorney-in-Tenant’s attorney in fact and in Lessee's Tenant’s name, place place, and stead, stead to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Sources: Commercial Lease (View Systems Inc)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, provided that Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in material default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee trustee, or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Option shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any such reasonable documents as required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents or to provide Lessee's reasonable objections thereto within 10 the twenty (20) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This 29.1 Lessor shall have the right to subordinate this Lease, and Lessee shall, at Lessor's optionrequest, shall be subordinate its rights under this Lease, to any existing or future ground lease, mortgagecovenants, deed conditions and restrictions, easements, rights of trust, way or any other hypothecation construction, operation and reciprocal easement agreements, deeds of trust or security now or hereafter placed upon mortgages encumbering the real property of which the Premises are a part and to Building Project, any and all advances made on the security thereof and to all any renewals, modifications, consolidations, replacements and or extensions thereof, whenever made or recorded. Notwithstanding such subordinationHowever, Lessee's right to quiet possession of the Premises during the Term shall not be disturbed if Lessee is not in default and so long as Lessee shall pay pays the rent and observe and perform performs all of the provisions of this Lease, unless Lessee's obligations under this Lease and is not otherwise terminated pursuant to its termsin default. If any mortgageeground lessor, trustee beneficiary or ground lessor shall elect mortgagee elects to have this Lease prior to the lien of its mortgageground lease, deed of trust or ground leasemortgage, and shall give gives written notice thereof to Lessee, then this Lease shall be deemed prior to such mortgageground lease, deed of trust, trust or ground leasemortgage, whether this Lease is dated prior or subsequent to the date of said mortgageground lease, deed of trust or ground lease mortgage or the date of recording thereof.
(b) 29.2 If Lessor's interest in the Premises is acquired by any ground lessor, beneficiary under a deed of trust, mortgagee or purchaser at a foreclosure sale, Lessee agrees shall attorn to execute the transferee of or successor to Lessor's interest in the Premises and recognize such transferee of or successor as Lessor under this Lease, provided that the purchaser or lessor shall acquire and accept the Premises subject to this Lease. Lessee waives the protection of any statute or rule of law which gives or purports to give Lessee any right to terminate this Lease or surrender possession of the Premises upon the transfer of Lessor's interest.
29.3 The effective subordination of this Lease to any future mortgages, deeds of trust, other security interest or leases shall be subject to the fulfillment of the conditions precedent that the holder of such mortgage or other lien on the Building shall first have agreed in writing that so long as Lessee is not in default, the Lease shall not be terminated by foreclosure or sale pursuant to the terms of such mortgage or lien and such subordination shall not otherwise materially restrict or limit the rights or increase the obligations of Lessee under this Lease. Lessee shall sign and deliver an instrument or documents required necessary or appropriate to effectuate an attornment, a evidence any such attornment or subordination or agreement to make do so, including such reasonable conditions as the prospective lender or ground lessor may require, provided that such interests or documents recognize that Lessee's right to quiet possession of the Premises shall not be disturbed so long as Lessee is not in default of its obligations pursuant to this Lease prior beyond any applicable notice and cure period.
29.4 Notwithstanding anything to be contrary herein, Lessor hereby represents and warrants to Lessee that the Premises are not currently subject to the lien of any mortgagedeed of trust, and that Lessee shall not be requested to subordinate to the lien of a deed of trust or ground lease, as during the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)initial term hereof.
Appears in 1 contract
Sources: Standard Lease (Microelectronic Packaging Inc /Ca/)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. be Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-attorney- in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, shall be Lease is subject and subordinate to any all ground leaseand underlying leases and all mortgages, mortgage, deed deeds of trust, trusts or any other hypothecation or security agreements which now or hereafter placed upon the real property of which affect the Premises are a part and to any and all advances advancements to be made on the security thereof thereunder and to all renewals, modifications, consolidations, replacements replacements, and extensions thereof, whenever made or recorded. Notwithstanding Tenant shall cooperate with Landlord and any lender which is acquiring a security interest in the Premises or the Lease. Tenant shall execute such subordinationfurther documents and assurances as such lender may require, Lessee's provided that Tenant’s obligations under this Lease shall not be increased in any material way (the performance of ministerial acts shall not be deemed material), and Tenant shall not be deprived of its rights under this Lease. Tenant’s right to quiet possession of the Premises during the Lease Term shall not be disturbed if Lessee is not in default and so long as Lessee shall pay Tenant pays the rent and observe and perform performs all of the provisions of this Lease, unless Tenant’s obligations under this Lease and is not otherwise terminated pursuant to its termsin default. If any mortgageeground lessor, trustee beneficiary or ground lessor shall elect mortgagee elects to have this Lease prior superior to the lien of its mortgageground lease, deed of trust or ground lease, mortgage and shall give gives written notice thereof to LesseeTenant, this Lease shall be deemed prior superior to such mortgageground lease, deed of trust, trust or ground lease, mortgage whether this Lease is dated prior or subsequent to the date of said mortgageground lease, deed of trust or ground lease mortgage or the date of recording thereof. Landlord shall endeavor to obtain an executed commercially reasonable Subordination, Non-Disturbance and Attornment Agreement (“SNDA”) from any lender on the Project within thirty (30) days following Lease execution.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions extension thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, lessee this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an any attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's ' option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, lease and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's ' option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security interest now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's T▇▇▇▇▇’s right to quiet enjoyment and possession of the Premises shall not be disturbed if Lessee Tenant is not in default Material Default, and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor landlord shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice Notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee . T▇▇▇▇▇ agrees to execute any such documents required reasonably necessary to effectuate an attornmentattornment or subordination, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute , provided such documents do not otherwise attempt to amend, modify or alter any provision of this Lease. Tenant shall respond to such document request within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf receipt of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)Notice therefor.
Appears in 1 contract
Sources: Office Lease (Sollensys Corp.)
Subordination. (a) This Lease, at Lessor's option, shall be The Lease and all rights of Lessee thereunder are subject and subordinate to the Mortgage and to any ground lease, mortgage, deed deeds of trust, mortgages, ground leases or other instruments of security which do now or may hereafter cover the Project or any other hypothecation or security now or hereafter placed upon interest of Lessor therein (collectively, the real property of which the Premises are a part “Prior Encumbrances”) and to any and all advances made on the security thereof and to any and all increases, renewals, modifications, consolidations, replacements and extensions thereofof the Mortgage or of any of the Prior Encumbrances. Notwithstanding This provision is acknowledged by Lessee to be self-operative and no further instrument shall be required to effect such subordination of the Lease. Lessee shall, however, upon demand at any time or times execute, acknowledge and deliver to Mortgagee any and all instruments and certificates that in Mortgagee’s judgment may be necessary or proper to confirm or evidence such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as . If Lessee shall pay the rent fail or neglect to execute, acknowledge and observe and perform all of the provisions of this Leasedeliver any such instrument or certificate, unless this Lease is otherwise terminated pursuant Mortgagee may, in addition to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leaseother remedies Mortgagee may have, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute agent and irrevocably appoint Lessor as Lessee's attorney-in-fact of Lessee, execute, acknowledge and in deliver the same and Lessee hereby irrevocably appoints Mortgagee as Lessee's name’s agent and attorney-in-fact for such purpose. However, place notwithstanding the generality of the foregoing provisions of this paragraph, Lessee agrees that Mortgagee shall have the right at any time to subordinate the Mortgage, and steadany such other Mortgagee or ground lessor shall have the right at any time to subordinate any such Prior Encumbrances, to execute the Lease on such documents terms and subject to such conditions as Mortgagee, or any such other Mortgagee or ground lessor, may deem appropriate in accordance with this paragraph 30(b)its discretion.
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. , Lessee's failure to execute such documents within 10 ten (10) business days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, Lease is and shall be subordinate to any ground leaseencumbrance now of record or recorded after the date of this Lease affecting the Building, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property improvements and land of which the Premises are a part and to part. Such subordination is effective without any and all advances made further act on the security thereof part of Lessee. Within ten (10) business days after the Commencement Date, Lessor must obtain and deliver to all renewalsLessee a non-disturbance and attornment agreement, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises executed by Lessor’s lender providing in substance that this Lease shall not be disturbed if Lessee is not in default and terminated by Lessor’s lender so long as Lessee shall pay has not committed an Event of Default which Event of Default has not been cured after the rent and observe and perform all giving of the provisions appropriate notice required by Paragraph 19 hereof. and that if any lender instructs Lessee to pay any rent to said lender said payment will be deemed to be the payment of such rental obligation under this Lease. Lessee shall from time to time on request from Lessor execute and deliver any commercially reasonable documents or instruments that may be required by a lender to effectuate any subordination of this Lease, unless Lease to any encumbrance now of record or recorded after the date of this Lease on the condition that any such instrument contain a quiet enjoyment clause guaranteeing Lessee’s rights hereunder so long as Lessee does not commit an Event of Default which is otherwise terminated pursuant not cured after the giving of the appropriate notice required by Paragraph 19 hereof. Lessee’s failure to its terms. If execute and deliver any mortgagee, trustee such documents or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give instruments within ten (10) business days written notice thereof to Lessee, this Lease Lessee requesting such execution shall be deemed prior to such mortgage, deed an Event of trust, or ground lease, whether Default under this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereofLease.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, ; Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust deed, trustee or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornmentattainment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, . Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b). 31.
Appears in 1 contract
Subordination. (a) This Leaselease, at Lessor's ’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's ’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent Rent and observe and perform all of the provisions of this Leaselease, unless this Lease lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor Lessor shall elect to have this Lease lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure If Lessee fails to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's optiondemand, Lessor shall may execute such documents on behalf of Lessee as Lessee's ’s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's ’s attorney-in-fact and in Lessee's ’s name, place and stead, to execute such documents in accordance with this paragraph 30(b28(b).
Appears in 1 contract
Subordination. (a) 17.1. This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements replacements, and extensions thereof. Notwithstanding such subordination, LesseeTenant's right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to after the date of said mortgage, deed of trust trust, or ground lease lease, or the date of recording thereof.
(b) Lessee 17.2. Tenant agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee Tenant hereunder, or, at LessorLandlord's option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as LesseeTenant's attorney-in-fact. Lessee Tenant does hereby make, constitute constitute, and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)paragraph.
Appears in 1 contract
Sources: Lease Agreement
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, LesseeTenant's right rights to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee Tenant agrees to execute and deliver any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as LesseeTenant's attorney-in-fact and in LesseeTenant's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Sources: Lease Agreement (Cutter & Buck Inc)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination▇▇▇▇▇▇▇▇'s election to subordinate this Lease shall not be effective unless the ground lessor, Lesseemortgagee or trustee shall execute with Tenant a nondisturbance agreement recognizing that ▇▇▇▇▇▇'s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee ▇▇▇▇▇▇ agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LesseeTenant's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee Tenant hereunder, or, or at LessorLandlord's option, Lessor Landlord shall execute such documents on behalf of Lessee Tenant as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee ▇▇▇▇▇▇ does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee▇▇▇▇▇▇'s attorney-in-fact and in LesseeTenant's name, place and stead, stead to execute such documents in accordance with this paragraph 30(b)documents.
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, shall be lease is subject and subordinate to any all ground lease, mortgage, deed of trust, or any other hypothecation or security underlying leases and to all mortgages which may now or hereafter placed upon affect such leases or the real property of which the Premises are a part and to any and all advances made on the security thereof Real Property, and to all renewals, modifications, consolidations, replacements and extensions thereofof any such underlying instruments. Notwithstanding This clause shall be self-operative and no further instrument of subordination shall be needed by any ground or underlying lessee or mortgagee affecting any lease or the Real Property. In confirmation of such subordination, Lessee's right to quiet possession of Tenant shall promptly execute any certificate that Landlord (or the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If lessor under any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien holder of any mortgagesuch mortgage or any of their respective successors in interest) may request. If ▇▇▇▇▇▇ fails to execute, deed of trust acknowledge or ground lease, as the case may be. Lessee's failure to execute deliver any such documents instrument within 10 ten days after written demand shall constitute a material default by Lessee hereunderrequest therefor, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee Tenant hereby irrevocably constitutes and appoints Landlord as Lessee▇▇▇▇▇▇'s attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and steadcoupled with an interest, to execute and deliver any such documents instrument for and in behalf of Tenant.
(b) Notwithstanding the provisions of Section 11.01(a), subject to the provisions herein set forth, and at the election of the holder of any current or future mortgage encumbering all or a portion of the premises of which the Demised Premises are a part, such mortgage shall be subordinate to this lease with the same force and effect as if this lease had been executed, delivered and recorded prior to the execution, delivery and recording of the said mortgage, except however that the said subordination of the mortgage to the lease shall not affect nor be applicable to and does expressly exclude:
(i) the prior right, claim or lien of the said mortgage in, to and upon any award or other compensation heretofore or hereafter to be made for any taking by eminent domain of any part of the mortgaged premises, and to the right of disposition thereof in accordance with the provisions of the said mortgage;
(ii) the prior right, claim and lien of the said mortgage in, to and upon any proceeds payable under all policies of fire and rent insurance upon the said mortgaged premises and as to the right of disposition thereof in accordance with the terms of the said mortgage; and
(iii) any lien, right, power or interest, if any, which may have arisen or intervened in the period between the recording of the said mortgage and the execution of this paragraph 30(blease, or any lien or judgment which may arise at any time under the terms of this lease. Although this clause shall be self-operative upon the election of any such mortgagee, in confirmation hereof, Tenant shall execute promptly any certificate that Landlord or such mortgagee may request, and the last sentence of Section 11.01(a) shall apply to this Section 11.01(b) (with appropriate changes in points of detail).
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b33(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereofthere.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) business days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Subordination. (a) This Lease, and any Option granted hereby, at Lessor's optionLess▇▇'▇ ▇ption, shall be subordinate to any ground lease, mortgage, deed of trust, or any other of the hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Corporate Center and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee mortgagee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, mortgage or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees Less▇▇ ▇▇▇ees to execute any documents required to effectuate an attornment, a subordination or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure Less▇▇'▇ ▇ailure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, orhereunder without further notice to Less▇▇ ▇▇, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorneyLess▇▇ ▇▇ Less▇▇'▇ ▇ttorney-in-fact. Lessee does Less▇▇ ▇▇▇s hereby make, constitute and irrevocably appoint Lessor as Lessee's attorneyLess▇▇ ▇▇ Less▇▇'▇ ▇ttorney-in-fact and in Lessee's nameLess▇▇'▇ ▇ame, place and stead, to execute such documents in accordance with this paragraph 30(bParagraph 29(b).
Appears in 1 contract
Sources: Tenant Lease (Kensey Nash Corp)
Subordination. (a) This Lease, at LessorLandlord's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises Property are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee▇▇▇▇▇▇'s right to quiet possession of the Premises Property shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its termsthe terms of this Lease. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee ▇▇▇▇▇▇ agrees to execute and deliver any documents required to effectuate an attornment, a such subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunderdemand, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee▇▇▇▇▇▇'s attorney-attorney- in-fact and in Lessee▇▇▇▇▇▇'s name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Sources: Lease Agreement
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Standard Office Lease (NMXS Com Inc)
Subordination. (a) This Lease, and any Option or right of first refusal granted hereby, at Lessor's option, shall shall, without the necessity of Lessee or any other party executing any additional documentation, be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part Office Building Project and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease and any Options granted hereby prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease and such Options shall be deemed prior to such mortgage, deed of trust, trust or ground lease, lease whether this Lease is or such Options are dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination subordination, or to make this Lease or any Option granted herein prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, hereunder without further notice to Lessee or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Standard Office Lease (Dental Medical Diagnostic Systems Inc)
Subordination. (a) This LeaseSublease, at LessorSublessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Without limiting the foregoing, Sublessee acknowledges that this Sublease is subordinate to the liens, mortgages and leases created under the Financing Documents. Notwithstanding such subordination, LesseeSublessee's right to quiet possession of the Premises shall not be disturbed if Lessee Sublessee is not in default and so long as Lessee Sublessee shall pay the rent and observe and perform all of the provisions of this LeaseSublease, unless this Lease Sublease is otherwise terminated pursuant to its terms. If any mortgageemortgage, trustee or ground lessor shall elect to have this Lease Sublease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to LesseeSublessee, this Lease Sublease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease Sublease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee Sublessee agrees to execute any documents required to effectuate an attornment, a such subordination or to make this Lease Sublease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure be and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor Sublessor as LesseeSublessee's attorney-in-attorney in fact and in LesseeSublessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b)do so.
Appears in 1 contract
Subordination. (a) This LeaseProvided Tenant shall have received a subordination, at Lessor's optionnon-disturbance and attornment agreement in the form attached hereto as Exhibit I, or such other commercially reasonable form required by any ground lessor or mortgagee of Landlord, this Lease shall be subject and subordinate in all respects to any underlying leases, ground leaseleases, mortgage, deed of trustlicenses, or any other hypothecation or security agreements, and to all mortgages which may now or hereafter be placed upon on or affect such leases, licenses, or agreements or the real property of which Land or the Premises are a part Demised Premises, and to any and all advances made on the security thereof and also to all renewals, modifications, consolidations, replacements and extensions thereofof such underlying leases, ground leases, licenses, agreements, and mortgages. Notwithstanding Tenant shall execute and deliver such subordinationfurther instruments confirming such subordination as may be reasonably required by any holder of any such mortgage or by any lessor, Lessee's right licensor, or party to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Leasean agreement under any such underlying lease, unless ground lease, license, or agreement, respectively. If any underlying lease, ground lease, license, or agreement to which this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, subject and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trustsubordinate terminates, or ground lease, whether if any mortgage to which this Lease is dated prior or subsequent subordinate is foreclosed, Tenant shall, on timely request, attorn to the date holder of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination reversionary interest or to make this Lease prior to the lien of any mortgage, deed of trust or ground leasemortgagee in possession, as the case may be. Lessee's failure If Landlord shall notify Tenant that the Demised Premises or the Building is encumbered by a mortgage, then notwithstanding anything in this Lease to execute the contrary, no notice of default intended for Landlord shall be deemed properly given unless a copy thereof is simultaneously sent to such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and mortgagee in Lessee's name, place and stead, to execute such documents the manner provided for in accordance with this paragraph 30(b)Paragraph 18.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date ▇▇▇▇ of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in In accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Standard Industrial Lease (Atmi Inc)
Subordination. (a) This Lease, at Lessor's Landlord’s option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or for security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewalsrenewal, modifications, consolidations, replacements and extensions thereof. Notwithstanding any such subordination, Lessee's Tenant’s right to quiet possession of the Premises shall not be disturbed if Lessee Tenant is not in default and so long as Lessee Tenant shall pay the rent and observe and perform all of the other provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee trustee, or ground lessor shall elect to have this Lease prior to the lien of its mortgage, mortgage or deed of trust or ground lease, and shall give written notice thereof to LesseeTenant, this Lease shall be deemed prior to such mortgage, deed of trust, trust or ground lease, whether this Lease is dated prior to or subsequent to the date of said such mortgage, deed of trust or ground lease lease, or the date of recording thereof.
(b) Lessee . Tenant agrees to execute any documents required to effectuate an attornment, a effect such subordination or to make this Lease prior to the lien of any mortgage, deed of trust trust, or ground lease, as the case may be. Lessee's failure , and failing to execute such documents do so within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee from Landlord does hereby make, constitute and irrevocably appoint Lessor Landlord as Lessee's attorney-in-Tenant’s attorney in fact and in Lessee's Tenant’s name, place and steadstead to do so provided that Tenant shall have received a customary non disturbance agreement from the mortgagee, to execute such documents in accordance with this paragraph 30(b)trustee, or ground lessor.
Appears in 1 contract
Subordination. (a) This Lease, at Lessor's option, shall be The Lease and all rights of Lessee thereunder are subject and subordinate to the Mortgage and to any ground lease, mortgage, deed deeds of trust, mortgages, ground leases or other instruments of security which do now or may hereafter cover the Project or any other hypothecation or security now or hereafter placed upon interest of Lessor therein (collectively, the real property of which the Premises are a part "Prior Encumbrances") and to any and all advances made on the security thereof and to any and all increases, renewals, modifications, consolidations, replacements and extensions thereofof the Mortgage or of any of the Prior Encumbrances. Notwithstanding This provision is acknowledged by Lessee to be self-operative and no further instrument shall be required to effect such subordination of the Lease. Lessee shall, however, upon demand at any time or times execute, acknowledge and deliver to Mortgage any and all instruments and certificates that in Mortgagee's judgement may be necessary or proper to confirm or evidence such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as . If Lessee shall pay the rent fail or neglect to execute, acknowledge and observe and perform all of the provisions of this Leasedeliver any such instrument or certificate, unless this Lease is otherwise terminated pursuant Mortgagee may, in addition to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground leaseother remedies Mortgagee may have, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute agent and irrevocably appoint Lessor as Lessee's attorney-in-fact of Lessee, execute, acknowledge and in deliver the same and Lessee hereby irrevocably appoints Mortgagee as Lessee's nameagent and attorney-in-fact for such purpose. However, place notwithstanding the generality of the foregoing provisions of this paragraph, Lessee agrees that Mortgagee shall have the right at any time to subordinate the Mortgage, and steadany such other mortgagee or ground lessor shall have the right at any time to subordinate any such Prior Encumbrances, to execute the Lessee on such documents terms and subject to such conditions as Mortgage or any such other mortgagee or ground lessor, may deem appropriate in accordance with this paragraph 30(b)its discretion.
Appears in 1 contract
Sources: Office Lease (Newgen Results Corp)
Subordination. (a) This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, . Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Standard Industrial Lease (Unity First Acquisition Corp)
Subordination. (a) 29.0.1 This Lease, at Lessor's option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part apart and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. thereof Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof.
(b) 29.0.2 Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 ten (10) days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this paragraph 30(b).
Appears in 1 contract
Sources: Assignment of Lease Agreement (Progressive Training, Inc.)
Subordination. (a) This 29.1 Lessor shall have the right to subordinate this Lease, and Lessee shall, at Lessor's optionrequest, shall be subordinate its rights under this Lease, to any existing or future ground lease, mortgagecovenants, deed conditions and restrictions, easements, rights of trust, way or any other hypothecation construction, operation and reciprocal easement agreements, deeds of trust or security now or hereafter placed upon mortgages encumbering the real property of which the Premises are a part and to Office Building Project, any and all advances made on the security thereof and to all any renewals, modifications, consolidations, replacements and or extensions thereofthereof , whenever made or recorded. Notwithstanding such subordinationHowever, Lessee's right to quiet possession of the Premises during the Term shall not be disturbed if Lessee is not in default and so long as Lessee shall pay pays the rent and observe and perform performs all of the provisions of this Lease, unless Lessee's obligations under this Lease and is not otherwise terminated pursuant to its termsin default. If any mortgageeground lessor, trustee beneficiary or ground lessor shall elect mortgagee elects to have this Lease prior to the lien of its mortgageground lease, deed of trust or ground leasemortgage, and shall give gives written notice thereof to Lessee, then this Lease shall be deemed prior to such mortgageground lease, deed of trust, trust or ground leasemortgage, whether this Lease is dated prior or subsequent to the date of said mortgageground lease, deed of trust or ground lease mortgage or the date of recording thereof.
(b) 29.2 If Lessor's interest in the Premises is acquired by any ground lessor, beneficiary under a deed of trust, mortgagee or purchaser at a foreclosure sale, Lessee agrees shall attorn to execute the transferee of or successor to Lessor's interest in the Premises and recognize such transferee or successor as Lessor under this Lease, provided that the purchaser or lessor shall acquire and accept the Premises subject to this Lease. Lessee waives the protection of any statute or rule of law which gives or purports to give Lessee any right to terminate this Lease or surrender possession of the Premises upon the transfer of Lessor's interest.
29.3 Lessee shall sign and deliver any instrument or documents required necessary or appropriate to effectuate an attornment, a evidence any such attornment or subordination or agreement to make do so provided that such interests or documents recognize that Lessee's right to quiet possession of the Premises shall not be disturbed so long as Lessee is not in default of its obligations pursuant to this Lease prior beyond any applicable notice and cure period. If Lessee fails to the lien of any mortgage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents do so within 10 ten (10) days after written demand request, such failure shall constitute be a material material, non-curable default by and Lessee hereunderhereby makes, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute constitutes and irrevocably appoint Lessor as Lessee's appoints Lessor, or any transferee or successor of Lessor, the attorney-in-fact and in Lessee's name, place and stead, of Lessee to execute and deliver any such documents in accordance with this paragraph 30(b)instrument or document.
Appears in 1 contract