This excerpt taken from the CA 8-K filed Aug 21, 2006.
SECTION 24.1. Lessors Mortgages and Lessees Nondisturbance.
(a) Lessor shall have the right from time to time to enter into such Mortgages as Lessor shall elect in its sole discretion. This Lease is and shall be subject and subordinate to each and any Mortgage and to all advances under any Mortgage, and any restatements, renewals, increases, supplements, modifications, consolidations, spreaders, replacements, substitutions, or extensions of any Mortgage, whenever made; provided that such subordination shall be effective only if the applicable Mortgagee shall have entered into a subordination, non-disturbance and attornment agreement in favor of Lessee in the form of Exhibit D or in such other form as Lessee, Lessor and such Mortgagee may agree upon (a Mortgagee Nondisturbance Agreement).
(b) If Lessor and each Mortgagee shall not execute and deliver a Mortgagee Nondisturbance Agreement, then as condition to the permissibility of the related Mortgage hereunder and the exercise by such Mortgagee of any rights accorded to a Mortgagee hereunder, such Mortgagee shall execute and deliver to Lessee a separate agreement containing the terms of Section 8 of Exhibit D hereto. Without limiting the effect of the immediately preceding sentence or Lessees rights if the same is violated, any provision hereof requiring approval or consent of, or notice to, a Mortgagee (including Section 25.11(c)) shall only be applicable if Lessor and Mortgagee shall have executed and delivered to Lessee a Mortgagee Nondisturbance Agreement or the agreement described above in this Section. All notices sent to Mortgagee at its address provided in said Mortgagee Nondisturbance Agreement or said separate agreement in the manner provided in Section 25.2 shall be deemed delivered in accordance with the terms of Section.25.2.
SECTION 24.2. Attornment. Lessee agrees that this Lease shall not be terminable by Lessee by reason of any foreclosure of a Mortgage, nor by reason of the institution of any suit, action, summary or other proceeding against Lessor or any foreclosure proceeding brought by a Mortgagee to recover possession of the Property by operation of law or otherwise and that the same shall not result in the cancellation or termination of this Lease by Lessee or of the obligations of Lessee hereunder. If at any time prior to the expiration of the Term, any Mortgagee comes into possession of the Property or a receiver shall be appointed for Lessors Interests, Lessee agrees, at the election and upon demand of any such Mortgagee in possession, to attorn, from time to time, to any such Mortgagee or any Person acquiring the interest of Lessor as a result of any such foreclosure of a Mortgage or the granting of a deed or assignment in lieu of foreclosure, upon the then executory terms and conditions of this Lease for the remainder of the Term. The provisions of this Section 24.2 shall inure to the benefit of any such successor Lessor, shall apply notwithstanding that, as a matter of law, this Lease may terminate upon the foreclosure of a Mortgage, and shall be self-operative upon any such demand, and no further instrument shall be required to give effect to said provisions. Lessee, however, upon demand of any such successor Lessor, shall execute, from time to time, instruments in confirmation of the forgoing provisions of this Section 24.2 reasonably satisfactory to any such successor Lessor and Lessee, acknowledging such attornment. Notwithstanding anything in this Section 24.2 to the contrary, the obligations of Lessee, and the rights of any Mortgagee or other Person, under this Section 24.2 shall be subject to the Mortgagees assumption (subject to the terms of any Mortgagee Nondisturbance Agreement in favor of Lessee from such Mortgagee) of the obligations of Lessor hereunder.