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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."
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
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
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
Real Estate
Banking & Finance
Commercial Property
Retail
Industrial
Office Space
Hospitality
Healthcare
Manufacturing
Legal
Real Estate
Property Management
Corporate Finance
Asset Management
Risk Management
Facilities Management
Commercial Operations
Investment
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
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.
Subordination And Non Disturbance Agreement
A Swiss law agreement establishing priorities between creditors while protecting tenant rights in commercial property financing arrangements.
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.
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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