Subordination Clause Example with 9 Variations from Business Contracts

This page contains Subordination clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgage or dee...d of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. View More

Variations of a "Subordination" Clause from Business Contracts

Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Building and the Common Areas, and Landlord's interest or estate in the Building, therein, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, tr...ustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. lease. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. Landlord or its mortgage holder or assignee thereof. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this This Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or 17 underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgag...e or deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. At Tenant's request and at Tenant's sole expense, Landlord shall use commercially reasonable efforts to obtain from its current (if any) and any future mortgagee a non-disturbance agreement in favor of Tenant, but the failure to obtain such non-disturbance agreement shall not be a failure of condition of this Lease. Tenant shall reimburse Landlord for any fees and charges imposed by said mortgagee in connection with the non-disturbance agreement, as well as for reasonable attorneys' fees and costs incurred by Landlord. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgage or dee...d of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such 13 subordination or superiority of this Lease as may be required by Landlord. At Tenant's request and at Tenant's sole expense, Landlord shall make request of any future mortgagee (there is no current mortgagee) that it provide a non-disturbance agreement in favor of Tenant, but the failure to obtain such non-disturbance agreement shall not be a failure of condition of this Lease. Tenant shall reimburse Landlord for any fees and charges imposed by said mortgagee in connection with the non-disturbance agreement, as well as for reasonable attorneys' fees and costs incurred by Landlord. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgage or dee...d of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. foregoin g, Tenant covenants and agrees to execute and deliver within ten (10) (IO) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. As of the date of Landlord's execution of this Lease, Landlord confirms that there is no mortgagee with a lien on Landlord's interest in the Building. In the event of a future mortgagee with a lien on Landlord's interest in the Building, then, upon Tenant's request therefor, and at Landlord's cost (not to exceed $200.00), Landlord shall use reasonable efforts to obtain from such mortgagee a subordination, non-disturbance and attornment agreement in favor of Tenant on such mortgagee's standard form. View More
Subordination. Landlord represents that, as of the execution date of this Lease, there is no mortgage debt encumbering or otherwise affecting the Building. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the ...Building, or any ground or underlying lease; provided, however, that feat if the lessor, mortgagee, trustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. 14 Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. The subordination provided above is contingent upon Landlord's delivery of a non-disturbance agreement in favor of Tenant from any and all current and future holders of a mortgage or deed of trust on such holder's standard form. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Building Landlord's interest or estate in the Building, Building or any ground or underlying lease; provided, however, this Lease shall be subordinate to future mortgages and dee...ds of trust affecting the Building only if the holder thereof agrees in writing to recognize this Lease in the event of foreclosure so long as Tenant is not in default and provided further that if the lessor, mortgagee, trustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds 17 of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgage or ...deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. Landlord represents that there is currently no mortgage or deed of trust encumbering the Building. Notwithstanding the foregoing, the subordination of this Lease to any future mortgage or deed of trust shall be conditioned upon Tenant's receipt of a subordination, non-disturbance and allotment agreement in the lender's standard commercially reasonable form. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgage or dee...d of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any such mortgagee, ground lessor or deed of trust holder on such mortgagee's, ground lessor's or holder's standard form recognizing Tenant's rights under this Lease subject to the terms, provisions and conditions set forth therein. Landlord represents that there are no ground leases, mortgages or deeds of trust now encumbering the Building or Parcel. View More
Subordination. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Building, Landlord's interest or estate in the Building, or any ground or underlying lease; provided, however, that if the lessor, mortgagee, trustee, or holder of any such mortgage or dee...d of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, upon receipt of a written request from Tenant, Landlord will use its reasonable efforts to obtain a subordination, non-disturbance and attornment agreement from any further mortgagee on such mortgagee's then-standard form. Tenant covenants and agrees to execute and deliver within ten (10) days of Landlord's request upon demand such further commercially reasonable instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. Tenant's subordination to any future mortgage may be conditioned upon Tenant's receipt of a commercially reasonable nondisturbance agreement. View More