name / content

name: Subordination

Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device"), now or hereafter placed by Lessor upon the real property of which the Premises are a part, to any and all advances made on the security thereof, and to all renewals, modifications, consolidations, replacements and extensions thereof. Lessee agrees that the Lenders holding any such Security Device shall have no duty, liability or obligation to perform any of the obligations of Lessor under this Lease, but that in the event of Lessor's default with respect to any such obligation, Lessee will give any Lender whose name and address have been ...
SUBORDINATION. THIS NOTE IS SUBJECT TO (A) THE SUBORDINATION AGREEMENT, DATED AS OF JANUARY 22, 1996, AMONG THE MAKER, THE PAYEE AND THE BANK OF NEW YORK COMMERCIAL CORPORATION, AS AGENT (THE "LENDER SUBORDINATION AGREEMENT"), UNDER WHICH THIS NOTE AND THE MAKER'S OBLIGATIONS HEREUNDER ARE SUBORDINATED IN THE MANNER SET FORTH THEREIN TO THE PRIOR PAYMENT OF CERTAIN OBLIGATIONS TO THE HOLDERS OF SENIOR INDEBTEDNESS AS DEFINED THEREIN; AND (B) THE INTERCREDITOR AND SUBORDINATION AGREEMENT, DATED AS OF JANUARY 20, 1996, AMONG THE MAKER, THE PAYEE, JR AND SCOTT (THE "PARTNERSHIP SUBORDINATION AGREEMENT"; AND TOGETHER WITH THE LENDER SUBORDINATION AGREEMENT, THE "SUBORDINATION AGREEMENTS"), UNDER WHICH THIS NOTE AND THE MAKER'S OBLIGATIONS HEREUNDER ARE ...
SUBORDINATION. Any of the indebtedness of the Borrower relating to the Guaranteed Obligations now or hereafter owing to Holdings is hereby subordinated to the Guaranteed Obligations of the Borrower owing to the Guaranteed Creditors; and if the Administrative Agent so requests at a time when an Event of Default exists, all such
SUBORDINATION. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, and at the election of Landlord or any mortgagee with a lien on the Building or the Site or any ground lessor with respect to the Building or the Site, but provided, however, that any such mortgagee, or ground lessor recognizes
Subordination. Any indebtedness of the Borrower now or hereafter held by the Guarantor is hereby subordinated to the indebtedness of the Borrower to the Senior Managing Agents and the Banks; and such indebtedness of the Borrower to the Guarantor, if any Senior Managing Agent, after an Event of Default has occurred, so requests, shall be collected, enforced and received by the Guarantor as trustee for the Banks and be paid over to the Banks on account of the indebtedness of the Borrower to the Banks, but without affecting or impairing in any manner the liability of the Guarantor under the other provisions of this Guaranty. Prior to the transfer by the Guarantor of any note or negotiable instrument evidencing any indebtedness of the Borrower to the ...
Subordination. This Lease and the term, rights and leasehold estate of Lessee shall be subject and subordinate to any Mortgages, all renewals, modifications, consolidations, replacements or extensions of any such Mortgage, in all amounts and all advances thereon, in favor of the holder of any such Mortgage provided the Mortgagee in question has executed, acknowledged, and delivered the non disturbance agreement referred to below. The provisions of this Section 23.3 shall be self operative, and no further instruments of subordination shall be required by any such Lessor or Mortgagee. However, upon request of Lessor, Lessee shall at any time or times, execute, acknowledge and deliver to Lessor and the Mortgagee, without expense to Lessor, any instrument ...
Subordination. (a) This LEASE, at LANDLORD'S option, shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation 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, TENANT'S right to quiet possession of the Premises shall not be disturbed if TENANT is not in default and so long as TENANT shall pay the rent and observe and perform all 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 ...
SUBORDINATION. The subordination provisions contained in the Senior Subordinated Note Documents are enforceable against the Borrower and the holders thereof, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.
Subordination. Guarantor subordinates all indebtedness owing to Guarantor from Debtor to the Indebtedness. Guarantor further subordinates any liens or security interest it may have in the collateral or security of Debtor (or any other party) to the liens and security interests in favor of Creditor securing the Indebtedness and the Obligations. Guarantor agrees not to accept any payments or satisfaction of any kind of any indebtedness of Debtor to Guarantor. If Guarantor should receive any such payment or satisfaction for indebtedness of Debtor to Guarantor in violation of the above terms, Guarantor agrees to deliver the payment or satisfaction to Creditor, and until delivered, Guarantor agrees to hold the same in trust for Creditor.
SUBORDINATION. Any and all rights of Guarantor under any and all debts, liabilities and obligations owing from Borrower to Guarantor, including any security for and guaranties of any such obligations, whether now existing or
Subordination. This Lease is subject and subordinate to the lien of all ground or underlying leases and to all mortgages and/or deeds of trust which may now or hereafter affect such leases or the real property of which the demised premises form a part, and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self operative and no further instrument of subordination shall be required by an mortgagee or trustee. Not withstanding the foregoing, in confirmation of such subordination, Tenant shall at Landlord's request promptly execute any requisite or appropriate certificate, subordination agreement or other document.
Subordination. The following provisions shall govern the relationship of this Lease to any underlying lease, mortgage or deed of trust which now or hereafter affects the Premises or Landlord's interest or estate therein and any renewal, modification, consolidation, replacement, or extension thereof (a "Security Instrument").
SUBORDINATION. Tenant hereby agrees that its leasehold interest hereunder is subordinate to any mortgages or Deeds of Trust now on, or hereafter to be placed on, the Premises leased hereunder. This subordination agreement shall be self operative and no further instrument or certificate of subordination shall be required from Tenant, but if requested Tenant agrees to execute any documents presented to evidence the subordination. In the event of enforcement by any Trustee under any Deed
Subordination. Subordinated Creditor hereby subordinates all indebtedness, obligations, and liabilities now or hereafter owing by Debtor to Subordinated Creditor, including without limitation, all principal, interest, fees, expenses, and other charges (the "Subordinated Debt"), to the payment of any and all indebtedness, obligations and liabilities now or hereafter owing by Debtor to Senior Creditor, plus all principal, interest, fees, expenses, and other charges accruing on such principal sum (the "Senior Debt"), to the extent and in the manner set forth below, and Subordinated Creditor agrees not to demand, accept or receive, directly or indirectly, any payment or repayment of principal, interest or other amount on the Subordinated Debt, or from any ...
SUBORDINATION. Guarantor hereby subordinates and makes inferior to the Obligations any and all indebtedness now or at any time hereafter owed by Borrower to Guarantor. Guarantor agrees that after the occurrence of any Default or Event of Default it will neither permit Borrower to repay such
SUBORDINATION. Guarantor and Guarantor's spouse hereby subordinate any indebtedness of Borrower or any of their Subsidiaries to Guarantor or Guarantor's spouse to the Guaranteed Obligations. Guarantor and Guarantor's spouse agree that Purchaser shall be entitled to receive payment on the Guaranteed Obligations before Guarantor or Guarantor's spouse receives payment of any indebtedness of Borrower or any of their Subsidiaries to Guarantor or Guarantor's spouse. Any payments on such indebtedness of Borrower or their Subsidiaries to Guarantor or Guarantor's spouse, if Purchaser so requests, shall be collected, enforced and received by Guarantor or Guarantor's spouse as trustee for Purchaser and be paid over to Purchaser on account of the Guaranteed ...
Subordination. Upon the written request of Landlord, Tenant shall enter into a recordable agreement with the holder of any present or future mortgage of the Premises, Building or Lot which shall provide that (i) this Lease shall be subordinated to such mortgage, (ii) in the event of foreclosure of said mortgage or any other action thereunder by the mortgagee, the mortgagee (and its successors in interest) and Tenant shall be directly bound to each other to perform the respective undischarged obligations of Landlord and Tenant hereunder (in the case of Landlord accruing after such foreclosure or other action and in the case of Tenant whether accruing before or after such foreclosure or other action), (iii) this Lease shall continue in full force and ...
SUBORDINATION. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property.
SUBORDINATION. This Lease, at Landlord's option, shall subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation for security now or hereafter placed upon the Building and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof.
SUBORDINATION. This Lease is subject and subordinate to all ground or underlying Leases and to all mortgages and/or deeds of trust and/or other security interests which may now or hereafter affect the real property of which the Demised Premises form a part, and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self operative and no further instrument of subordination shall be required to effect this subordination. Notwithstanding the foregoing, in confirmation of such subordination, Tenant shall at Landlord's request execute and deliver to Landlord within ten (10) business days after Landlord's request, any requisite or appropriate certificate, subordination agreement or other document that may be ...