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Non Disturbance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Disturbance Agreement

"I need a Non Disturbance Agreement under Swiss law for a high-end retail space in Geneva's shopping district, where my company is the tenant and Credit Suisse is providing financing to the landlord; the lease starts March 2025 and we need special provisions for our unique store fit-out requirements."

Document background
The Non-Disturbance Agreement (NDA) is a critical document in Swiss commercial real estate transactions where a property is both leased and mortgaged. It becomes necessary when a landlord seeks financing using their property as collateral while having existing tenants, or when new tenants require assurance about their continued occupancy rights. The agreement typically includes detailed provisions about the rights and obligations of all parties, foreclosure scenarios, and the continuation of lease terms, all structured within the framework of Swiss federal and cantonal laws. This document is particularly important in Switzerland's commercial centers like Z��rich, Geneva, and Basel, where complex commercial property arrangements are common. The NDA must comply with Swiss formal requirements for real estate documentation and should address specific provisions of Swiss mortgage and tenancy laws.
Suggested Sections

1. Parties: Identification of all parties: Lender, Landlord, and Tenant, including full legal names and addresses

2. Background: Context of the agreement, including details of the existing lease, mortgage/security interest, and reason for the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Lease, Mortgage, and Security Documents

4. Non-Disturbance Provisions: Core provisions establishing the lender's commitment not to terminate the lease upon foreclosure or enforcement of security

5. Recognition of Lease: Lender's acknowledgment of the lease and agreement to respect tenant's rights

6. Tenant's Obligations: Confirmation of tenant's obligations under the lease and any additional requirements

7. Notice Requirements: Procedures for serving notices between parties, including specific Swiss law requirements

8. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent courts

9. Execution: Formal execution requirements complying with Swiss legal standards

Optional Sections

1. Subordination Provisions: Optional provisions subordinating the lease to the mortgage, used when combining an NDA with a subordination agreement

2. Attornment Provisions: Provisions requiring tenant to recognize lender as landlord after foreclosure, if not covered in main lease

3. Insurance and Casualty: Specific provisions regarding insurance proceeds and restoration obligations, if not adequately covered in main lease

4. Modifications to Lease: Restrictions on lease modifications without lender consent, if required by lender

5. Lender Cure Rights: Provisions giving lender right to cure landlord defaults, if desired by lender

6. Assignment and Subletting: Additional provisions regarding assignment rights, if not fully covered in main lease

Suggested Schedules

1. Copy of Lease: Complete copy of the existing lease agreement and any amendments

2. Property Description: Legal description of the property as registered in the Swiss land registry

3. Mortgage Details: Summary of relevant mortgage or security interest documentation

4. Signing Authority: Evidence of signing authority for each party, including any required corporate resolutions

5. Contact Information: Detailed contact information for notices to all parties

6. Required Cantonal Forms: Any specific forms required by the relevant Swiss canton for real estate matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Office Space

Hospitality

Healthcare

Manufacturing

Relevant Teams

Legal

Real Estate

Property Management

Corporate Finance

Asset Management

Risk Management

Facilities Management

Commercial Operations

Investment

Relevant Roles

Real Estate Lawyer

Commercial Property Manager

Legal Counsel

Banking Relationship Manager

Real Estate Investment Manager

Lease Administrator

Property Development Manager

Asset Manager

Commercial Tenant Representative

Corporate Real Estate Manager

Finance Director

Property Portfolio 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

Find the exact document you need

Attornment Agreement

A legal agreement under Swiss law where parties formally submit to Swiss court jurisdiction for dispute resolution in commercial and financial matters.

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Subordination And Non Disturbance Agreement

A Swiss law agreement establishing priorities between creditors while protecting tenant rights in commercial property financing arrangements.

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Real Estate Subordination Agreement

A Swiss law-governed agreement establishing the priority ranking between different security interests in real estate property, subordinating one creditor's security interest to another's.

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Non Disturbance Agreement

A Swiss law-governed agreement ensuring tenant's lease rights survive landlord's default and foreclosure, establishing obligations between tenant, landlord, and lender.

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