Subordination of lease clause samples

16.0 Subordination of Lease. Tenant agrees that Landlord may subordinate this Lease to its present or any subsequent mortgage on the leased premises, provided that such subordination shall not interfere with Tenant’s continued occupancy of the premises pursuant to the Term of this Lease and provided that Landlord provides to Tenant a commercially reasonable non-disturbance agreement. Tenant agrees to execute any and all instruments as may be reasonably requested from time to time by Landlord in order to widence the above described subordination of this Lease to any mortgage. Tenant agree to execute, acknowledge and deliver to Landlord written request from Landlord within thirty (30) days of a statement in writing certifying this Lease is unmodified and in full force and effect (or ifthere have been modifications , that the same ,is in ful1 force and effect as modified, and stating said modifications), and the dates to which the rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser, mortgagee, or assignee.

Section23.1 Subordination of Lease. This Lease is and shall be subject and subordinate to the lien of all mortgages, deeds of trust, security instruments, deeds to secure debt, ground leases, master leases, and easement agreements, covering all or any part of the Project or Office Component, and to all modifications, consolidations, renewals, replacements and extensions thereof, whether now existing or hereafter created.

13.1Subordination of Lease. This Lease is subject and subordinate to all present and future ground or underlying leases of the demised premises and to the lien of any mortgages or trust deeds now and hereafter in force against the demised premises and to all renewals, extensions, modifications, consolidations and replacements thereof, and to all advances made or hereafter to be made upon the security thereof, provided that, and as a condition thereto, Landlord shall deliver to Tenant from the holder thereof a Subordination Non-Disturbance and Attornment Agreement in a commercial reasonable form.

17.1Subordination of Lease. This Lease shall be subject and subordinate at all times to the lien of any existing mortgage and other financing documents and the lien of any mortgages and other financing documents that hereafter may be made a lien upon the Building and the real property upon which it is situated; provided, however, that the secured party named in each such mortgage or other financing document (a “Mortgagee”) shall agree to recognize this Lease in the event of foreclosure if Tenant is not then in default and if Tenant agrees to attorn to such Mortgagee as Landlord under this Lease. In the event a Mortgagee elects to have this Lease a prior encumbrance, then and in such event upon Mortgagee notifying Tenant to that effect, this Lease shall be deemed a prior encumbrance whether this Lease is dated prior or subsequent to the date of Mortgagee’s encumbrance. Within fifteen (15) business days following Landlord’s request, Tenant will execute and deliver a subordination agreement in substantially the form reasonably required by Landlord’s lender, any certificates of subordination and other documents desirable to effect the purpose of this Section 17.1; provided, however, that each Mortgagee shall agree to recognize this Lease in the event of foreclosure if Tenant is nit then in default.

1. Subordination of Lease. Lender and Tenant do hereby covenant and agree that the Lease with all rights, options, liens and charges created thereby, is and shall continue to be subject and subordinate in all respects to the lien created by the First Lien Mortgage, including any renewals, modifications, consolidations, replacements and extensions thereof. The advancement of additional monies, the repayment of which is secured by the First Lien Mortgage, shall not affect the subordination provided for in this Agreement.

1.Subordination of Lease. The lien of the Lease is, and shall at all times during the term of the Mortgage be, subject and subordinate to the provisions and lien of the Mortgage to the extent of the secured indebtedness under the Mortgage.

23.1.Subordination of Lease. This Lease shall be subject and subordinate at all times to the lien of all mortgages and deeds of trust securing any amount now or hereafter encumbering Landlord’s interest in the Premises or Building, all without the necessity of having further instruments executed on the part of Tenant in order to effectuate such subordination. Upon the written request of Landlord, Tenant shall execute, acknowledge and deliver to Landlord such further instruments evidencing the subordination of this Lease to the lien of any such mortgages or deeds of trust as may be required by Landlord, and Tenant shall attorn to any such mortgagee or beneficiary under any mortgage or deed of trust in the event of a foreclosure or a deed in lieu of foreclosure, or other purchaser or a grantee in respect thereof; provided, however, that each mortgagee or beneficiary under any such mortgage or deed of trust, or purchaser or grantee in respect thereof, shall agree not to terminate or disturb Tenant’s possession of the Premises under this Lease in the event of a foreclosure of such mortgage or deed of trust or a deed in lieu thereof, as long as Tenant is not in default under this Lease at such time. Notwithstanding the foregoing, any mortgagee or beneficiary under a mortgage or deed of trust may at any time subordinate its mortgage or deed of trust to this Lease in all or in part, without Tenant’s consent, by execution of a written instrument subordinating such mortgage or deed of trust to this Lease, in which case this Lease shall be deemed prior to such mortgage or deed of trust without regard to their respective dates of execution, delivery and/or recording.

17.1 Subordination of Lease. This Lease shall be subject and subordinate at all times to the lien of any existing mortgage and other financing documents and the lien of any mortgages and other financing documents that hereafter may be made a lien upon the Complex and the real property upon which it is situated; provided, however, that such subordination shall not become effective until and unless the holder of such mortgage or deed of trust that the secured party named in each such mortgage or other financing document (a “Mortgagee”) shall agree to deliver to Tenant a non-disturbance agreement (which may include Tenant’s agreement to attorn as set forth below) recognizing this Lease and allowing Tenant to remain in occupancy of the Premises in the event of foreclosure of any such mortgage or deed of trust if Tenant is not then in default and if Tenant agrees to attorn to such Mortgagee as Landlord under this Lease. Within ten (10)days following Landlord’s request, Tenant will execute and deliver a subordination and non-disturbance agreement in substantially the form reasonably required by Landlord’s lender, any certificates of subordination, and other documents desirable to effect the purpose of this Section17.1; provided, however, that each Mortgagee shall agree to recognize this Lease in the event of foreclosure if Tenant is not then in default. Failure of Tenant to comply with the foregoing requirements within fifteen (15)days following Landlord’s request shall be deemed an Event of Default.

15.02. Subordination of Lease. It is agreed that the rights and interest of Tenant under this Lease shall be (i)subject or subordinate to any present or future mortgage or mortgages and to any and all advances to be made thereunder, and to the interest of the holder thereof in the Premises or any property of which the Premises are a part if such mortgagee shall elect by notice to Tenant to subject or subordinate the rights and interest of Tenant under this Lease to such mortgage or (ii)prior to any present or future mortgage or mortgages, if such mortgagee shall elect, by notice to Tenant, to give the rights and interest of Tenant under this Lease priority to such mortgage. In the event of either of such elections, and upon notification by mortgagee to that effect, the rights and interest of Tenant under this Lease shall be deemed to be subordinate to, or have priority over, as the case may be, said mortgage or mortgages, irrespective of the time of execution or time of recording of any such mortgage or mortgages. Tenant agrees it will, within ten (10)days of Landlord’s or any such mortgagee’s request therefor, execute, acknowledge and deliver any and all instruments deemed by Landlord, or by the requesting mortgagee, necessary or desirable to give effect to or notice of such subordination or priority. Tenant also agrees that if it shall fail at any time to execute, acknowledge and deliver any such instrument requested by Landlord, or any such mortgagee, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in Tenant’s name; and Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact, coupled with an interest with full power of substitution, and in its name, place and stead so to do. Any mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder, in its sole discretion, deems necessary or appropriate.

18.1 SUBORDINATION OF LEASE. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to (a) all ground leases, overriding leases, and underlying leases of the Building, Property, and/or the Complex now or hereafter existing; (b) all mortgages which may now or hereafter affect the Building, Property, or Complex and any of such leases, whether or not such mortgages shall also cover other lands and/or buildings; (c) each and every advance made or hereafter to be made under such mortgages; and (d) to all renewals, modifications, replacements, and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This S 18.1 shall be self-operative, and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder ("Holder") of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this Lease is, at the time referred to, subject and subordinate pursuant to this Article 18 are hereinafter sometimes referred to as "Superior Leases"; the mortgages to which this Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as "Superior Mortgages"; and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a "Lessor." Notwithstanding the foregoing, Tenant agrees, upon written request from Landlord or any Holder or Lessor, to reorder the relative priority of the Lease with respect to any particular Superior Mortgage or Superior Lease so as to subordinate the lien of any such Superior Mortgage or Superior Lease to the Lease. Tenant agrees to execute any instrument which Landlord or any Holder or Lessor may present in order to effect such prioritization of the Lease, provided that such instrument does not modify any material term of the Lease or increase Tenant's obligations thereunder.

19.SUBORDINATION OF LEASE.This Lease shall be subject and subordinate to any mortgage or deed of trust or ground lease (including all renewals, modifications and extensions thereof) now or hereafter encumbering or affecting the Building or the land thereunder or Landlord's interest therein; provided, however, that so long as Tenant is not in default under this Lease beyond applicable notice and cure periods, neither this Lease nor Tenant’s right to remain in exclusive possession of the Leased Premises shall be affected or disturbed by reason of any default under any such mortgage, deed of trust, or ground lease, and if such mortgage or deed of trust shall be foreclosed or if such mortgagee or trustee shall exercise any of its remedies under such mortgage or deed of trust, this Lease and all of Tenant’s rights and obligations under this Lease shall survive such foreclosure and continue in full force and effect.This provision shall be self-operative without the execution of any further instruments.Notwithstanding the foregoing, however, Tenant hereby agrees to execute any reasonable instrument(s) which Landlord, its mortgagee or prospective mortgagee may deem desirable to evidence the subordination of this Lease to any and all such mortgages or ground leases, including but not limited to a Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto as Exhibit “D”, which shall be executed by Landlord, Tenant and Landlord’s mortgagee within sixty (60) days after the Effective Date.

3. 18.1 Subordination of Lease. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate in all respects to (a)all ground leases, overriding leases, and underlying leases of the Building, Property, and/or the Complex now or hereafter existing; (b)all mortgages which may now or hereafter affect the Building, Property, or Complex and any of such leases, whether or not such mortgages shall also cover other lands and/or buildings; (c)each and every advance made or hereafter to be made under such mortgages; and (d)to all renewals, modifications, replacements, and extensions of such leases and such mortgages and spreaders and consolidations of such mortgages. This §18.1 shall be self-operative, and no further instrument of subordination shall be required. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord, the lessor of any such lease or the holder (“Holder”) of any such mortgage or any of their respective successors in interest may reasonably request to evidence such subordination. The leases to which this Lease is, at the time referred to, subject and subordinate pursuant to this Article18 are hereinafter sometimes referred to as “Superior Leases”; the mortgages to which this Lease is, at the time referred to, subject and subordinate are hereinafter sometimes referred to as “Superior Mortgages”; and the lessor of a superior lease or its successor in interest at the time referred to is sometimes hereinafter referred to as a “Lessor.” Notwithstanding the foregoing, Tenant agrees, upon written request from Landlord or any Holder or Lessor, to reorder the relative priority of the Lease with respect to any particular Superior Mortgage or Superior Lease so as to subordinate the lien of any such Superior Mortgage or Superior Lease to the Lease. Tenant agrees to execute any instrument which Landlord or any Holder or Lessor may present in order to effect such prioritization of the Lease, provided that such instrument does not modify any material term of the Lease or increase Tenant’s obligations thereunder.

2.Subordination of Lease.The parties agree that, subject to the terms and conditions of the Lease and this Agreement, the Lease is and shall be subject and subordinate to the lien of the Mortgage, and to all renewals, modifications, consolidations, replacements, and extensions of the Mortgage, to the full extent of the principal sum and all other amounts secured thereby, and interest thereon.

1.Subordination of Lease. Subject to the terms and provisions of this Agreement, the Lease and the entire right, title and interest of the Tenant thereunder are and shall be subject and subordinate in all respects to the lien of the Mortgage and all advances made or to be made thereunder.