Attornment And Non Disturbance Agreement Template for Ireland

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Key Requirements PROMPT example:

Attornment And Non Disturbance Agreement

"I need an Attornment and Non-Disturbance Agreement under Irish law for a multi-tenant office building in Dublin, where ABC Bank is the lender and we need to include specific provisions for data center tenants with enhanced security requirements."

Document background
The Attornment And Non-Disturbance Agreement (ANDA) is a critical document in Irish commercial real estate transactions where a property is subject to both a mortgage and a lease. It is typically used when a property owner obtains financing secured by a property that is (or will be) leased to commercial tenants. The agreement serves three main purposes: it ensures the tenant will continue to recognize their obligations under the lease if the lender takes over the property; it protects the tenant's right to remain in the property even if the landlord defaults on their loan; and it preserves the lender's security interest in the property. Under Irish law, this agreement is particularly important as it provides certainty and protection for all parties involved, aligning with both Irish property law principles and commercial lending practices.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement: Landlord, Tenant, and Lender

2. Background: Recitals explaining the existing lease, mortgage/charge, and the purpose of this agreement

3. Definitions: Defines key terms used throughout the agreement, including Property, Lease, Mortgage, etc.

4. Attornment: Tenant's agreement to recognize the Lender as landlord in the event of enforcement of the mortgage

5. Non-Disturbance: Lender's covenant not to disturb tenant's possession and quiet enjoyment of the property

6. Recognition: Mutual recognition of rights and obligations between all parties

7. Tenant's Obligations: Confirmation of tenant's obligations under the lease and any additional requirements

8. Lender's Rights: Specification of lender's rights regarding the property and lease

9. Notice Requirements: Procedures for giving notices between parties

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Governing Law: Confirmation of Irish law as governing law and jurisdiction

Optional Sections

1. Multiple Properties: Additional provisions when the agreement covers multiple properties or units

2. Assignment and Subletting: Specific provisions regarding the tenant's right to assign or sublet

3. Insurance Requirements: Specific insurance obligations beyond those in the original lease

4. Step-In Rights: Detailed provisions for lender's step-in rights in case of landlord default

5. Modifications to Lease: Provisions regarding future modifications to the lease and requirement for lender consent

6. Priority and Subordination: Additional provisions regarding the priority of different interests when needed

7. Costs and Expenses: Allocation of costs and expenses related to the agreement

Suggested Schedules

1. Property Description: Detailed legal description of the property including any relevant plans or maps

2. Lease Details: Summary or copy of the key terms of the existing lease

3. Mortgage Details: Summary of the relevant mortgage or charge details

4. Form of Notices: Template forms for various notices required under the agreement

5. Authorized Signatories: List of authorized signatories for each party if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Commercial Real Estate

Banking and Financial Services

Retail

Office Space and Commercial Property

Industrial and Manufacturing

Healthcare Facilities

Hospitality and Tourism

Education

Technology and Data Centers

Logistics and Warehousing

Relevant Teams

Legal

Real Estate

Property Management

Finance

Risk Management

Asset Management

Commercial Lending

Operations

Facilities Management

Corporate Services

Relevant Roles

Real Estate Lawyer

Commercial Property Manager

Leasing Manager

Commercial Banker

Real Estate Investment Manager

Property Development Director

Facilities Manager

Legal Counsel

Risk Manager

Commercial Property Broker

Asset Manager

Mortgage Specialist

Tenant Relations Manager

Commercial Lease Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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