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Tenant Subordination Agreement
"Need a Tenant Subordination Agreement for our commercial office building in Chicago, where we're refinancing with Wells Fargo in March 2025 and need all existing tenants to subordinate their leases to the new mortgage."
1. Parties: Identifies all parties involved: Tenant, Landlord, and Lender
2. Background/Recitals: States the existing lease arrangement, lender's security interest, and purpose of subordination
3. Definitions: Defines key terms including Lease, Mortgage, Property, and Security Interest
4. Subordination: Core provision stating tenant's lease is subordinate to lender's mortgage/security interest
5. Non-Disturbance: Lender's commitment not to disturb tenant's possession if following lease terms
6. Attornment: Tenant's agreement to recognize lender as landlord upon foreclosure
7. Governing Law: Specifies jurisdiction and applicable law
8. Execution: Signature blocks for all parties
1. Estoppel Certificates: Tenant's confirmation of lease terms and status - include when lender requires current lease status confirmation
2. Insurance Requirements: Specific insurance obligations - include when additional insurance requirements beyond lease are needed
3. Notice Provisions: Specific requirements for notices between parties - include when different from lease notice provisions
4. Modification Restrictions: Limitations on lease modifications without lender consent - include when lender wants control over lease changes
1. Schedule A - Property Description: Legal description of the property
2. Schedule B - Lease Details: Summary of key lease terms and amendments
3. Schedule C - Mortgage Details: Summary of mortgage or security instrument
4. Exhibit A - Form of Estoppel Certificate: Standard form for future estoppel certificates if required
Authors
Property
Lease
Original Lease
Mortgage
Security Interest
Lender
Landlord
Tenant
Lease Documents
Permitted Use
Premises
Rent
Additional Rent
Term
Effective Date
Event of Default
Successor Landlord
Subordination
Non-Disturbance
Attornment
Notice
Business Day
Governing Law
Recording Office
Security Deposit
Improvements
Alterations
Assignment
Liens
Non-Disturbance
Attornment
Representations and Warranties
Notice Requirements
Default and Remedies
Assignment and Transfer
Mortgage Priority
Lease Recognition
Estoppel Provisions
Insurance Requirements
Property Access
Modification Restrictions
Recording Requirements
Governing Law
Severability
Entire Agreement
Amendment and Waiver
Counterparts
Further Assurances
Successors and Assigns
Force Majeure
Notices
Dispute Resolution
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