Laserfiche WebLink
wiili Uic same terms as arc contained herein except for charges <br />and encumbrances caused or suITered by Tenant. <br />Any new lease entered into pursuant to this Section 5.4 shall be <br />superior to all rights, liens and interest inter\cning between the <br />dale of this Lease and the date of such new lease. Upon the <br />request of the new tenant. Landlord shall execute and deliver a <br />memorandum of the new lease in recordable form so that notice <br />of the new lea.se may be placed of record by the new tenant. <br />The rights hereunder of llolder3 shall be exercisable by such <br />I folders in the order of the priority of lien or other security <br />interest of their resp>ectivc Mortgages. <br />At Tenant's expense, upon written request of Tenant, any <br />Holder, or any prospective tfolder. Landlord slull deliver to <br />them or any of them a separate w ritten instrument signed and <br />acknuw ledged by Landlord setting forth and confirming the <br />provisions of this Section 5.4. and acknow ledging to them or <br />any of them in w riting the receipt by Landlord of an> notice or <br />instrument given, sent or delivered to f.andlord pursuant to the <br />provisions of this Section 5.4. <br />When a new lease is entered into such Holder or (if rea.sonably <br />approved by f.andlord pursuant to the Development Agreement) <br />its designee (such holder or designee the “Acquiring Holder.” <br />and the Mortgage of such Acquiring Holder the “Acquiring <br />Holder’s Lca.sehold Mortgage”), the liens on and estates and <br />other interests in the Development Property or this f.case of all <br />persons holding directly or indirectly under or through Tenant <br />(including the Acquiring Holder’s Leasehold Mortgage), other <br />than liens, estates and interests which arc subordinate to the <br />Acquiring ffolder's Leasehold Mortgage, shall immediately and <br />without documentation continue in effect, attach to the new <br />lease and be reinstated as to each other to the same e.xtent. and in <br />the same manner, order and priority, os if (i) the new lease were <br />this Lease, (ii) this Lease had not been teiminated, and (iii) the <br />Acquiring Holder had acquired the leasehold estate under this <br />Lease by assignment on the date the term of the new lease <br />commences. Each lien, estate or interest which could have been <br />e.xtinguished by the foreclosure of the Acquiring Holder’s <br />Leaseiiold Mortgage shall be deemed to be subordinate to the <br />Acquiring Holder’s Leasehi*ld Mortgage. <br />Nolw ithsianding any provision of this Section 5.4 apparently to <br />the cimtrary . Landlord shall not be required to provide any <br />notice to any Holder under this Section 5.4 unless such Holder <br />has provided Landlord written notice of its existence in <br />accordance with Section 5.2 hereof.