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References in periodicals archive ?
One of the sources said Goldman was paid $1 million, far less than it was seeking, to give its approval for the non-disturbance agreement. Neither El Fassi nor the Goldman estate returned calls for comment.
To protect the lender's interests, a non-disturbance agreement may include certain conditions.
Therefore, an automatic non-disturbance agreement between the tenant and owner also will benefit the lender.
"In a sense, the non-disturbance agreement is like an insurance policy protecting the tenant against someone else's catastrophe," says Loehr.
Non-Disturbance Agreements. Even if the building's mortgage is not currently being foreclosed, the landlord is often asked by new tenants for protection from a future foreclosure of the mortgage.
Most frequently subordination will be conditioned upon the tenant and the landlord's mortgagee entering into an agreement known as a "subordination and non-disturbance agreement" whose basic purpose is to recognize the priority of the mortgage lien while at the same time preserving the tenant's rights under the lease.
Jones' practice includes experience in amendments, subordination and non-disturbance agreements, assignments, subleases and letter agreements.
But lenders hold firm on key structural elements, such as requiring seller non-disturbance agreements as well as tortious interference clauses, the report said.
If the landlord has given recognition and non-disturbance agreements in favor of the tenant's subtenants and the subtenants have agreed to attorn to the landlord (i.e., agree to become the direct tenant of the landlord under the terms of their sub-leases following a termination of the ground lease), then any existing occupancy subleases will become senior leases if the ground lease is terminated prior to the end of its term.
Other topics include prepayment and defeasance; mezzanine lending, multi-lender transactions; subordinate financing; letters of credit in real estate transactions; non-disturbance agreements; title insurance; and recent court decisions that affect lenders and their counsel.
If he walks away, we can take over and there are no non-disturbance agreements with any of the tenants."