NYC 9/11 Public Portal Document
ARTICLE 19
SUBORDINATION AND NON-DTSTURBANCE
(A) This Lease shall be subject and subordinate to all existing mortgages of record or
future mortgages from a reputable lender or lending institution which may affect the real property
of which the Demised Premises form a part, provided, and as a condition precedent to the
subordination of this Lease to any of said mortgages, the mortgagee shall execute and deliver to
Tenant an agreement in recordable form and in the form reasonably acceptable to Tenant whereby
said mortgagee agrees that should it become necessary to foreclose such mortgage or should the
mortgagee otherwise come into possession of the premises, such mortgagee will not join Tenant
under this Lease in foreclosure or summary proceedings and will not disturb the use and
occupancy of Tenant under this Lease so long as Tenant is not in default under any of the terms,
covenants and conditions of this Lease.
(B) Notwithstanding anything to the contrary in the foregoing Subparagraph A.,
Landlord agrees, at its sole cost and expense, to deliver to Tenant, prior to-the , 1998,
a fully negotiated and executed Subordination, Nondisturbance and Attornment Agreement,
signed by, Landlord (if required) and Landlord’s current mortgagees., \V\ «
(C) This Lease, and all rights of Tenant hereunder, are and shall be subject and
subordinate in all respects to the Underlying Lease, all ground leases, overriding leases and
underlying leases of the Land and/or the Building now or hereafter existing and to all mortgages
which may now or hereafter affect the Land and/or the Building and/or any of such leases.
whether or not such mortgages shall also cover other lands and/or buildings, to each and every
advance made or hereafter to4)^m^ nil^gage^aijd^ alhre^i^^ mo^^i^tions,
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NYC-WTC_000170292
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