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Attornment And Non Disturbance Agreement Template for Pakistan

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Key Requirements PROMPT example:

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."

Document background
The Attornment And Non-Disturbance Agreement is a crucial document in Pakistani real estate and financing transactions where property is both leased and mortgaged. It becomes necessary when a property owner (landlord) has both tenants occupying their property and a mortgage with a lender. The agreement serves to balance the interests of all three parties by ensuring that: (1) the tenant's lease rights are protected even if the landlord defaults on their mortgage, (2) the lender's security interest is preserved, and (3) the landlord can effectively manage their property while meeting both lease and mortgage obligations. This type of agreement is particularly important in commercial property transactions in Pakistan, where it provides certainty and protection for all parties involved. The document must comply with Pakistani contract law, property law, and registration requirements to be legally enforceable.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Banking & Finance

Commercial Property

Retail

Industrial & Manufacturing

Hospitality

Office Space

Shopping Centers & Malls

Logistics & Warehousing

Healthcare

Relevant Teams

Legal

Real Estate

Property Management

Credit Risk

Facilities Management

Asset Management

Commercial Lending

Property Development

Investment Management

Compliance

Relevant Roles

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

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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Attornment And Non Disturbance Agreement

A Pakistani law-governed agreement between landlord, tenant, and lender that protects tenant occupancy rights and lender interests in mortgaged property scenarios.

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Landlord Subordination Agreement

A Pakistani law-governed agreement where a landlord agrees to subordinate their rights to a lender's security interests in relation to a tenant's financing arrangement.

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