2-A
1009
4.7805
%
3-A
1010
4.7579
%
4-A
1011
4.5636
%
5-A
1012
1.6352
%
6-A
1013
1.7325
%
7-A
1014
1.7325
%
8-A
1015
1.7325
%
9-A
1016
1.7325
%
10-A
1017
1.7325
%
11-A
1018
1.7325
%
12-A
1019
1.7325
%
13-A
1020
1.7325
%
14-A
1021
1.7440
%
15-A
1022
1.3998
%
16-A
1023
1.7484
%
17-A
1024
1.7207
%
18-A
1025
1.7711
%
19-A
1026
1.7711
%
20-A
1027
1.7711
%
28-A
1035
0.4446
%
10
EXHIBIT B
SNDA
11
LENDER
EXHIBIT
SUBORDINATION, NON-DISTURBANCE,
AND ATTORNMENT AGREEMENT
THIS AGREEMENT, made as of the
day of
(this
"Agreement") between NYT REAL ESTATE COMPANY LLC, a New York limited liability
company, with offices at 620 Eighth Avenue, New York, New York ("Tenant") and
, a
having offices at
(as hereinafter defined; and
in such capacity, together with its successors in such capacity, "Mortgagee").
W I T N E S S E T H :
WHEREAS, Mortgagee is the present owner and holder of the mortgages described in
Schedule 1 attached hereto and made a part hereof (such mortgages, as the same
may be amended, modified, extended, renewed, supplemented, spread, consolidated
or replaced, and all advances heretofore made, or hereafter to be made, pursuant
thereto, being hereinafter collectively referred to as the "Mortgage") covering
the lessee's interest under a certain lease more particularly described in
Exhibit "A-1", including an interest in certain leasehold condominium units in
The New York Times Building Condominium more particularly described on
Exhibit "A-2", located in the building having a street address of 620 Eighth
Avenue, New York, New York (hereinafter all or any portion of the foregoing
leasehold interest subject to the lien of the Mortgage shall be referred to as
the "Property"); and
WHEREAS,
("Landlord") is the
owner of the aforementioned Property.
WHEREAS, Tenant is the holder of a subleasehold estate in the Property (the
"Premises") under and pursuant to the provisions of a certain Lease Agreement
dated as of
, 2009, between Landlord and Tenant (such
Lease Agreement (including all exhibits and schedules attached thereto, as the
same may be amended, modified, extended, renewed, supplemented or replaced with,
to the extent required hereunder, the consent of Mortgagee, being hereinafter
referred to as the "Lease"); and
WHEREAS, Tenant has agreed to subordinate the Lease to the Mortgage and to the
lien thereof and Mortgagee has agreed to grant non-disturbance to Tenant under
the Lease on the terms and conditions hereinafter set forth;
NOW, THEREFORE, Mortgagee and Tenant agree as follows:
1.
Subordination.
Tenant agrees that the Lease and all of the
terms, covenants and provisions thereof and all rights, remedies and options of
Tenant thereunder are and shall at all times continue to be fully subject and
subordinate in all respects to the Mortgage, and to all advances heretofore
made, and hereafter to be made,
pursuant thereto provided that, as between Landlord and Tenant, nothing
contained in this Agreement shall be deemed to affect the obligations of
Landlord or