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Lease Subordination Agreement
"I need a Lease Subordination Agreement for a multi-tenant retail property in Ontario, where a new mortgage is being placed on March 1, 2025, and we need to ensure all existing tenants' leases are subordinated to the new mortgage while protecting their occupancy rights."
1. Parties: Identifies all parties to the agreement including the landlord, tenant, and lender/mortgagee
2. Background: Recitals explaining the existing lease arrangement, the mortgage or other senior interest, and the purpose of the subordination
3. Definitions: Defines key terms used throughout the agreement including 'Lease', 'Mortgage', 'Property', and 'Subordination'
4. Subordination: Core provision establishing that the lease and all rights thereunder are subordinate to the mortgage or other senior interest
5. Acknowledgments: Confirmations by the tenant regarding the validity of the lease and acceptance of the subordination arrangement
6. Non-Disturbance: Lender's agreement not to disturb tenant's possession if compliant with lease terms
7. Attornment: Tenant's agreement to recognize the lender as landlord upon foreclosure or other enforcement
8. Notice Requirements: Procedures for giving notice between parties
9. Representations and Warranties: Basic representations about authority to enter agreement and validity of underlying documents
10. General Provisions: Standard boilerplate including governing law, amendments, successors and assigns
1. Further Assurance: Commitment to execute additional documents if needed - include when complex property interests are involved
2. Priority of Future Advances: Specifically addresses subordination to future advances under the mortgage - include when mortgage contemplates future advances
3. Estoppel Provisions: Tenant's confirmation of lease terms and status - include when required by lender
4. Insurance and Casualty: Special provisions regarding insurance proceeds and restoration - include for high-value properties
5. Multiple Properties: Additional provisions for handling multiple properties under single agreement - include when multiple properties involved
6. Costs and Expenses: Allocation of costs for agreement preparation and registration - include when significant costs anticipated
1. Schedule A - Property Description: Legal description of the property or properties subject to the agreement
2. Schedule B - Lease Details: Summary or copy of key lease terms and amendments
3. Schedule C - Mortgage Details: Summary or copy of relevant mortgage terms
4. Schedule D - Authorized Signatories: List of authorized signatories for each party if required
5. Schedule E - Registration Particulars: Details required for registration of the agreement on title
Authors
Real Estate
Banking & Financial Services
Commercial Property
Retail
Industrial & Manufacturing
Healthcare
Hospitality
Office Space & Commercial Buildings
Multi-family Residential
Legal
Real Estate
Finance
Risk Management
Property Management
Commercial Leasing
Asset Management
Corporate Services
Compliance
Real Estate Lawyer
Commercial Property Manager
Mortgage Specialist
Real Estate Development Manager
Legal Counsel
Commercial Leasing Manager
Risk Manager
Property Administrator
Asset Manager
Commercial Real Estate Broker
Finance Director
Corporate Counsel
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