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Attornment And Non Disturbance Agreement
"I need an Attornment and Non-Disturbance Agreement for a commercial office building in Karachi, where ABC Bank is the lender for a PKR 500 million mortgage, and we have a major tech company as tenant occupying three floors with a 10-year lease starting March 2025."
1. Parties: Identifies all parties to the agreement: Landlord, Tenant, and Lender
2. Background: Recitals explaining the lease arrangement, mortgage/financing, and need for this agreement
3. Definitions: Defines key terms used throughout the agreement including Property, Lease, Mortgage, Default, etc.
4. Attornment: Tenant's agreement to recognize Lender as landlord upon foreclosure or other enforcement
5. Non-Disturbance: Lender's commitment not to disturb tenant's possession if tenant is not in default
6. Representations and Warranties: Each party's confirmations regarding their authority, lease status, and other key facts
7. Notice Requirements: Procedures for giving notices of defaults, enforcement actions, or other significant events
8. Term and Termination: Duration of the agreement and circumstances under which it may terminate
9. Governing Law and Jurisdiction: Specifies Pakistani law as governing law and relevant jurisdiction for disputes
1. Subordination: Include if the agreement also subordinates the lease to the mortgage - making it a full SNDA
2. Rent Payment Provisions: Include if specific arrangements for rent payment to lender after enforcement are needed
3. Mortgage Modifications: Include if parties want to address future modifications to the mortgage
4. Insurance and Casualty: Include if specific arrangements regarding insurance proceeds or casualty events are needed
5. Assignment and Subletting: Include if there are specific restrictions or requirements for tenant transfers
1. Schedule 1 - Property Description: Legal description of the mortgaged property
2. Schedule 2 - Lease Details: Key details of the lease including date, parties, and any amendments
3. Schedule 3 - Mortgage Details: Details of the mortgage/charge including date, amount, and registration
4. Appendix A - Notice Details: Contact information and addresses for service of notices
5. Appendix B - Special Conditions: Any property-specific or relationship-specific conditions
Authors
Real Estate
Banking & Finance
Commercial Property
Retail
Industrial & Manufacturing
Hospitality
Office Space
Shopping Centers & Malls
Logistics & Warehousing
Healthcare
Legal
Real Estate
Property Management
Credit Risk
Facilities Management
Asset Management
Commercial Lending
Property Development
Investment Management
Compliance
Real Estate Lawyer
Property Manager
Commercial Lease Manager
Real Estate Director
Banking Lawyer
Credit Risk Manager
Property Development Manager
Facilities Manager
Legal Counsel
Chief Legal Officer
Asset Manager
Commercial Property Director
Lending Manager
Real Estate Investment Manager
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