Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

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Estoppel Certificate. Within Landlord shall at any time and from time to time upon not less then ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, days' prior written notice from Tenant or any part thereofLeasehold Mortgagee execute, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to Tenant or the requesting party Leasehold Mortgagee a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Landlord's knowledge, any uncured defaults on the part of the requesting party Tenant hereunder, or specifying such defaults if they are claimed; and (diii) certifying to such other matters, relative matters relating to the Premises, this Lease and Tenant, as Landlord Tenant or the Leasehold Mortgagee may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinestate and/or the improvements. The Landlord's failure to deliver such a statement within such the time shall, at Landlord’s option be an Event of Default hereunder and prescribed shall be conclusive and binding upon the party upon whom the request is made that: Landlord (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting partyTenant; (ii) that there are no uncured defaults on the requesting party’s in Tenant's performance; and (iii) no Rent has the accuracy of such other matters relating to this Lease as Tenant as may have been paid set forth in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the request.

Appears in 4 contracts

Samples: Development and Disposition Agreement, Development and Disposition Agreement, Development Agreement

Estoppel Certificate. Within At any time and from time to time, Tenant shall, within ten (10) days after written request therefor by Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writingcertificate certifying: (a) certifying that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect as modified, without modification and stating the date and nature of each modification); (b) the Commencement Date and the Expiration Date determined in accordance with Article 2 and the date, if any, to which all rent and other sums payable hereunder have been paid; (c) that no notice has been received by Tenant of any default by Tenant hereunder which has not been cured, except as to defaults specified in such certificate; (d) that Landlord is not in default under this Lease, except as to defaults specified in such certificate; and (e) such other matters as may be represented reasonably requested by Landlord or any actual or prospective purchaser or mortgage lender. Any such certificate may be relied upon by Landlord and any actual or prospective purchaser or mortgage lender of the requesting party; Property or any part thereof. At any time and from time to time, Tenant shall, within ten (ii10) there are no uncured defaults on days after written request by Xxxxxxxx, deliver to Landlord copies of all current financial statements (including a balance sheet, an income statement, and an accumulated retained earnings statement), annual reports, and other financial and operating information and data of Tenant prepared by Tenant in the requesting partycourse of Tenant’s performance; and (iii) no Rent has been paid in advancebusiness. If Tenant is required or requested Unless available to execute more than one estoppel certificate or similar document in any twelve (12) month periodthe public, Landlord shall reimburse Tenant for its legal fees incurred in having disclose such documents reviewedfinancial statements, up annual reports and other information or data only to a total charge actual or prospective purchasers or mortgage lenders of five hundred dollars ($500.00)the Property or any part thereof, and otherwise keep them confidential unless other disclosure is required by law.

Appears in 4 contracts

Samples: Lease (Bloom Energy Corp), Lease (Bloom Energy Corp), Lease (Bloom Energy Corp)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit G, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease or the Premises as may be requested thereon. Upon Landlord’s request, Tenant shall cause the Guarantor to also execute and Tenant, as Landlord may requestdeliver such statement within such time period. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant and constitute Tenant’s irrevocable acknowledgement and agreement that all of the party upon whom the request is made that: (i) this Lease is matters stated in full force such statement are true, correct and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)complete.

Appears in 3 contracts

Samples: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.), Lease (Carisma Therapeutics Inc.)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by of receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit I, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProject. The failure If Tenant fails to deliver such statement within such prescribed time and such failure continues for more than three (3) business days following written notice thereof from Landlord, such failure shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 3 contracts

Samples: Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.)

Estoppel Certificate. Within Tenant agrees, at any time and from time to time, upon not less than ten (10) days after request therefor prior written notice by Xxxxxxxx, to execute, acknowledge and deliver to Landlord or any person designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect effect, or, if modifiedthere have been modifications specifying the same; (ii) certifying that Xxxxxx has accepted possession of the Premises, and that any improvements required by the terms of this Lease to be made by the Landlord have been completed to the satisfaction of the Tenant or, if not, describing such unsatisfactory improvements; (iii) stating that no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (iv) stating the nature of such modification and address to which notices to Tenant should be sent; (v) certifying that Tenant, as of the date of any such certification, has no charge, lien or claim of set-off under this Lease, as so modifiedor otherwise, is in full force and effectagainst rents or other charges due or to become due hereunder; (bvi) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are stating whether or not, to such party’s the best of Tenant's knowledge, Landlord is in default in the performance of any uncured defaults on the part covenant, agreement or condition contained in this Lease, and, if so, specifying each such default of the requesting party hereunder, or specifying such defaults if they are claimedwhich Tenant may have knowledge; and (dvii) certifying to such containing any other matters, relative to the Premises, this Lease and Tenant, statement as Landlord may reasonably request. Any such statement delivered pursuant to this Section may be relied upon by any owner of the Building, any prospective purchaser of the Building, any mortgagee or lender prospective mortgagee of all the Building or of Landlord's interest, or any portion prospective assignee of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)mortgagee.

Appears in 2 contracts

Samples: Office Lease Agreement (Metro Information Services Inc), Office Lease Agreement (Metro Information Services Inc)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging acknowledging, to Tenant’s actual knowledge, that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying setting forth such further information, to such other mattersTenant’s actual knowledge, relative with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such time shall, at the option of Landlord’s option be an Event , constitute a Default under Section 20(g) of this Lease (subject to the cure right set forth therein), and, in the event that such Default hereunder and is not timely cured by Tenant, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Samples: Lease Agreement (Elan Corp PLC), Lease Agreement (Prothena Corp PLC)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior request therefor by Landlord, or if on any saleexisting or prospective Mortgagee or Ground Lessor, assignment Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or hypothecation by other occupant of the Leased Premises claiming by, through or under Tenant, to complete, execute and deliver to Landlord of or Landlord’s interest in the Premisesdesignee or to any existing or prospective mortgagee or ground lessor, or any part thereof, an a written estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (ai) certifying that this Lease is unmodified and is in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying effect and setting forth the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partymodifications); (ii) there are no uncured defaults on the requesting partyamounts of the monthly installments of Base Rental, Tenant’s performanceForecast Additional Rental, Tenant’s Additional Rental Adjustment and other sums then required to be paid under this Lease by Tenant; (iii) the date to which the Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental Adjustment and other sums required to be paid under this Lease by Tenant have been paid; (iv) that Landlord is not in default under any of the provisions of this Lease, or if in default, the nature thereof in detail and what is required to cure same; and (iiiv) no Rent has been paid in advance. If Tenant is required such other information concerning the status of this Lease or the parties’ performance hereunder reasonably requested by Landlord or the party to execute more than one whom such estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up is to a total charge of five hundred dollars ($500.00)be addressed.

Appears in 2 contracts

Samples: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Estoppel Certificate. Within At any time, and from time to time, Lessee shall, promptly and in no event later than ten (10) days Business Days after a request therefor by Landlordfrom Lessor or any Lender or mortgagee of Lessor, execute, acknowledge and deliver to Lessor or if on any salesuch Lender or mortgagee, assignment or hypothecation by Landlord of Landlord’s interest as the case may be, a certificate in the Premisesform supplied by Lessor, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingcertifying: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating Lessee has accepted the nature of such modification and certifying that this Lease, as so modified, is in full force and effectProperties; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect and has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, without modification the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the Rentals have been paid under this Lease and the amount thereof then payable; (e) whether there are then any existing defaults by Lessor in the performance of its obligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Lessee of any default under this Lease which has not been cured, except as may be represented by to defaults specified in the requesting partycertificate; (iig) there are no uncured defaults the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Lessee; (h) that neither Lessor nor any Lender or mortgagee has actual involvement in the requesting party’s performancemanagement or control of decision making related to the operational aspects or the day‑to‑day operation of the Properties, including any handling or disposal of Hazardous Materials or Regulated Substances; and (iiii) no Rent has been paid in advanceany other information reasonably requested by Lessor or any Lender or mortgagee, as the case may be. If Tenant is required Lessee shall fail or requested refuse to sign a certificate in accordance with the provisions of this Section within ten (10) days following a request by Lessor, Lessee irrevocably constitutes and appoints Lessor as its attorney‑in‑fact to execute more than one estoppel and deliver the certificate or similar document in to any twelve (12) month periodsuch third party, Landlord shall reimburse Tenant for its legal fees incurred in having it being stipulated that such documents reviewed, up to a total charge power of five hundred dollars ($500.00)attorney is coupled with an interest and is irrevocable and binding.

Appears in 2 contracts

Samples: Master Lease Agreement (Synalloy Corp), Master Lease Agreement (Synalloy Corp)

Estoppel Certificate. Within (a) At any time and from time to time, upon the written request of Landlord, and/or any party designated by Landlord, Tenant within ten (10) days after of the date of such written request therefor agrees to execute and deliver to Landlord and/or party designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified without charge and in full force and effect orform reasonably satisfactory to Landlord and/or any party designated by Landlord, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made thata written statement: (i) ratifying this Lease; (ii) confirming the commencement and expiration dates of the Term; (iii) certifying that Tenant is in occupancy of the Demised Premises, and that this Lease is in full force and effecteffect and has not been modified, without modification assigned, supplemented or amended, except by such writings as shall be stated; (iv) certifying that all conditions and agreements under this Lease to be satisfied or performed by Landlord have been satisfied and performed, except as may shall be represented by the requesting partystated; (iiv) certifying that Landlord is not in default under this Lease and there are no uncured defenses or offsets against the enforcement of this Lease by Landlord, or stating the defaults on and/or defenses and/or offsets claimed by Tenant; (vi) reciting the requesting party’s performanceamount of Advance Rental, if any, paid by Tenant and the date to which Base Annual Rent and Additional Charges have been paid; (vii) reciting the amount of Security Deposit, if any; and (iiiviii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, other information which Landlord and/or any party designated by Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)reasonably require.

Appears in 2 contracts

Samples: Lease (Bankrate Inc), Lease (Bankrate, Inc.)

Estoppel Certificate. Within Tenant shall upon not less than ten (10) days after request therefor by Landlordday’s prior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) certifying that this Lease is unmodified and in is full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; and (diii) certifying stating the correctness or incorrectness of any other fact related to such other matters, relative to Tenant’s use and occupancy of the Premises, Premises or either or both Landlord’s and Tenant’s rights and obligations under this Lease and Tenant, as Landlord may requestbe reasonably requested. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The At Landlord’s option, Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon a material default under this Lease or shall be conclusively entitle Landlord or any third party to rely on the party upon whom the request is made that: facts (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) no Rent that not more than one month’s rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Lease (Control4 Corp), Lease (Control4 Corp)

Estoppel Certificate. Within ten Tenant shall, within Ten (10) days after request therefor by Landlord's written request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writing: (a) certifying written declaration that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are notno incurred defaults in Landlord's performance; that this Lease has not been assigned, to such party’s knowledgemodified, any uncured defaults on the part of the requesting party hereundersupplemented, or specifying amended (except by such defaults writings as shall be stated); that all conditions under this Lease to be performed by Landlord have been satisfied; that there are no defenses or offsets against the enforcement of this Lease by the Landlord, or stating those claimed by Xxxxxx; the amount of advance rent, if they are claimedany (or none if such is the case) paid by Tenant; the date to which rent has been paid; and (d) certifying the amount of security deposited with Landlord. Such declaration shall be executed and delivered by Xxxxxx from time to such other matters, relative to the Premises, this Lease and Tenant, time as Landlord may request. Any such statement may be relied requested by Landlord. Xxxxxxxx's mortgage lenders and/or purchasers shall be entitled to rely upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest thereinsame. The Tenant's failure to deliver such statement declaration within such the time shall, at Landlord’s option be an Event of Default hereunder and permitted hereby shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without except to the extent any modification except as may be has been represented by the requesting party; (ii) Landlord, and that there are no uncured incurred defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent that not more than one month's rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Lease Agreement (Universal Technical Institute Inc), Universal Technical Institute Inc

Estoppel Certificate. Within ten (10) days after request therefor by Landlordeither party, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant other party shall deliver to the requesting party party, in recordable form, a statement in writing: certificate certifying (if such be the case, or otherwise setting forth any exceptions thereto) that (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advancedate of Tenant's most recent payment of Rent, if any; or setting forth any exceptions (c) acknowledging that there are notthe certifying party has no defenses or offsets outstanding, or stating those offsets or defenses claimed by the certifying party; (d) that to such the certifying party’s 's knowledge, any uncured defaults on the part of the requesting party hereunderhas no defenses or offsets outstanding, or specifying such defaults if they are claimedstating those offsets or defenses claimed by the other party; and (de) certifying to such and any other matters, relative to the Premises, this Lease and information reasonably requested. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The 's failure to deliver such statement within such said certificate in time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) there are no uncured defaults on the requesting party’s performancein Landlord's performance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one period's Base Rent has been paid in advance. If Tenant Landlord's failure to deliver said certificate in time shall be conclusive upon Landlord that: (x) this Lease is required or requested in full force and effect, without modification except as may be represented by Tenant; (y) there are no uncured defaults in Tenant's performance; and (z) Tenant's representation as to execute more than one estoppel the amount of Base Rent that has been paid in advance is correct. Failure of a party to deliver such a certificate or similar document to the other party within ten (10) days following Landlord's request therefor shall be deemed such party's acknowledgment of the correctness of the statements made in any twelve (12the foregoing sentence and that the requesting party's mortgagee(s) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and/or purchaser(s) may rely on said statements.

Appears in 2 contracts

Samples: Agreement Regarding Lease (Iomega Corp), Office Lease (Jni Corp)

Estoppel Certificate. Within Tenant shall execute (and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within not less than ten (10) business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, resulting from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Estoppel Certificate. Within Each party hereto agrees that at any time and from time to time during the term of this Lease, it will promptly, but in no event later than ten (10) days after request therefor by Landlordthe other party hereto, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting such other party a statement in writing: certificate stating, to the best of such party's knowledge, (a) certifying that whether or not this Lease is unmodified and in full force and effect or(or if there have been modifications, if that this Lease is in force and effect as modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectsetting forth any modifications); (b) certifying the dates date to which the Basic Rent, Additional Rent and other charges are paid in advance, if anysums payable hereunder have been paid; (c) acknowledging that whether or not there is an existing default by Lessee in the payment of Basic Rent or any other sum required to be paid hereunder, and whether or not there is any other existing default by Lessee with respect to which a notice of default has been served or of which the signer has Actual Knowledge, and, if there is any such default, specifying the nature and extent thereof, (d) whether or not there are notany existing setoffs, to such party’s knowledge, any uncured defaults on the part defenses or counterclaims against enforcement of the requesting obligations to be performed hereunder existing in favor of the party hereunder, executing such certificate; (e) stating that Lessee is in possession of the Demised Premises or specifying such defaults if setting forth the parties in possession and identifying the instruments pursuant to which they are claimedtook possession; and (df) certifying to stating such other matters, relative information with respect to the Premises, Demised Premises and/or this Lease and Tenant, as Landlord may requestbe reasonably requested. Any such statement certificate may be relied upon by Lessor and the Mortgagee and by any prospective potential purchaser from the Lessor or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Mortgagee.

Appears in 2 contracts

Samples: Lease Agreement (Holiday Rv Superstores Inc), Lease Agreement (Holiday Rv Superstores Inc)

Estoppel Certificate. Within Tenant shall, without charge, at any time and from time to time, within ten (10) business days after the request therefor by Landlord, any ground lessor, the holder of any indebtedness secured by the Land, the Building or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesboth, or any part thereofprospective purchaser of the Land, an estoppel certificate shall be required from Tenantthe Building or both, Tenant shall or to any other person or entity designated by Landlord, execute, acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such certificate: (a) certifying that this Lease is unmodified and in full force and effect or(or if there has been a modification, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect as modified and setting forth such modifications); (b) the amounts of Monthly Base Rent, without modification except as Percentage Rent and Additional Rent currently due and payable by Tenant; (c) that Tenant has accepted possession of the Premises; (d) to the best of Tenant's knowledge, whether or not there are then existing any setoffs, charges, liens, claims or defenses against the enforcement of any right hereunder (and, if so, specifying the same in detail); (e) that Tenant has no knowledge of any then uncured defaults by Landlord of its obligations under this Lease; (f) that Tenant is not in default; and (g) to the best of Tenant's knowledge, any other factual certifications requested. Any statement delivered pursuant to this paragraph may be represented relied on by the requesting party; (ii) there are no uncured defaults on . Tenant's failure to timely deliver the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, after request by Landlord immediately shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge be deemed an Event of five hundred dollars ($500.00)Default without cure under this Lease.

Appears in 2 contracts

Samples: Agreement of Lease (New York Restaurant Group Inc), Agreement of Lease (Smith & Wollensky Restaurant Group Inc)

Estoppel Certificate. Within Tenant agrees that from time to time within ten (10) days after of written request therefor by received from Landlord, or if on the holder of any saleFirst Mortgage, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, Tenant (or any part thereofpermitted assignee, an estoppel certificate shall be required from subtenant, licensee, concessionaire or other occupant of the Premises claiming by, through or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any First Mortgage, a statement in writing: writing signed by Tenant (and/or such other party) certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advance, if anyhave been paid; (c) acknowledging that Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; ( e) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or involuntary, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunder, United States or specifying such defaults if they are claimedany State thereof; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord or the requesting party; (ii) there are no uncured defaults on holder of the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)First Mortgage.

Appears in 2 contracts

Samples: Office Lease (Caladrius Biosciences, Inc.), Office Lease (Regado Biosciences Inc)

Estoppel Certificate. Within Each party ("Certifying Party") shall, at any time and from time to time, but not more frequently than twice in any twelve (12) month period, upon not less than ten (10) days after request therefor business days' prior notice by Landlordthe other party ("Requesting Party") execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Requesting Party a statement in writing: , certifying (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectmodifications); (b) certifying the dates amount of monthly Minimum Rent and the increases in Additional Lease Charges payable monthly by Tenant and the date to which the these components of Rent and other charges are have been paid in advance; (c) the amount of any security deposited with Landlord; (d) the Commencement Date and the last date of the Term and the number and duration of option periods, if any; (ce) acknowledging that whether or not there are not, to such party’s knowledge, then existing any uncured defaults on defenses against the part enforcement of any of the requesting party hereunderobligations of Tenant under this Lease (and, if so, specifying same); (f) whether or not Landlord is in default hereunder (and, if so, specifying such defaults if they are claimedsame); and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented reasonably requested by the requesting party; (ii) there are no uncured defaults Requesting Party. Any prospective purchaser, ground lessor, lender, or other interested party shall be entitled to rely on the requesting party’s performancetruth of all of the matters contained in such statement; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document however, the Certifying Party may provide in any twelve (12) month periodsuch certificate that it shall have no liability for any misstatement contained therein. Failure to comply with this Section shall be a material breach of this Lease by the Certifying Party and in addition to all of the other rights and remedies hereunder, Landlord the Requesting Party shall reimburse Tenant for its legal fees incurred in having such documents reviewedhave the right to collect from the Certifying Party all damages caused by the loss of a loan, up sale, or other transaction which may result from said party's failure to a total charge of five hundred dollars ($500.00)comply with this Section 16.3.

Appears in 2 contracts

Samples: Office Lease (NBC Internet Inc), Office Lease (Cnet Inc /De)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesrequest therefor, or any part thereof, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anytermination date hereof; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except as may such writing as shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied; (e) there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; (h) the amount of the security deposit, if any; and (iiii) no Rent such other information as Landlord may reasonably request. In the event that Tenant fails within ten (10) days after Landlord has been paid delivered to Tenant an estoppel certificate pursuant to this Section to properly execute and deliver the same to Landlord, Tenant shall be deemed to have consented to such estoppel certificate as written; provided, however, that such non-consent shall not relieve Tenant from its responsibilities for default under this Lease by reason of its failure to return an estoppel certificate in advanceaccordance with this Section. If Mortgage lenders and/or purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant or which Tenant is required or requested deemed to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)have consented.

Appears in 2 contracts

Samples: Lease Agreement (Forevergreen Worldwide Corp), Lease Agreement (Whole Living Inc)

Estoppel Certificate. Within Each of Landlord and Tenant shall at any time and from time to time upon not less than ten (10) days after request therefor by Landlordbusiness days’ prior notice from the other party (the “Requesting Party”), or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Requesting Party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified and stating the modifications), and the dates to which the Yearly Rent and other charges are have been paid in advance, if any; (c) acknowledging that there are not, to stating whether or not the Requesting Party is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; default and (d) certifying to such other mattersfacts as the Requesting Party may reasonably request, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of the Building or lender of all the Building and the land or of any interest of Landlord therein or of any interest in Tenant, any mortgagee or prospective mortgagee thereof, any lessor or prospective lessor thereof, any lessee or prospective lessee thereof, or any portion prospective assignee of any mortgage thereof. Time is of the Premises essence in respect of any such requested certificate, each party hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If either of Landlord or any leasehold interest thereinTenant fails to so execute and deliver such estoppel certificate within such ten (10) day period, then the requesting party shall be entitled to send the other party a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), and if the other party fails to execute and deliver such estoppel certificate within three (3) days after the Second Notice, then such failure shall be deemed to be a default of the other party’s obligations under the Lease. The failure provisions of Section 26(d) shall not apply to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) any default pursuant to this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Section 17.5.

Appears in 2 contracts

Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)

Estoppel Certificate. Within ten (10a) Tenant shall, without charge, at any time and 641 from time to time, within twenty (20) days after request therefor by Landlord or Landlord’s mortgagee, certify by 642 written instrument, duly executed, acknowledged and delivered, addressed to Landlord or any party 643 designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: that (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating there shall have 644 been modifications that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (beffect as modified and stating the modifications) certifying and 645 the dates to which the Rent rent and other charges are paid in advancehave been paid, if any; (cii) acknowledging that there are the date of expiration of the Term, (iii) 646 the Rent then payable under this Lease, (iv) whether or not, to the best knowledge of the officer executing 647 such party’s certificate on behalf of Tenant, Landlord is in default in performance of any covenant, agreement or 648 condition contained in this Lease and, if so, specifying each such default of which the person executing 649 such certificate may have knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (dv) certifying any other matter reasonably requested by Landlord. 650 651 (b) Landlord shall, without charge, at any time and from time to such other matterstime, relative within twenty (20) 652 days after request by Tenant or Tenant’s mortgagee, certify by written instrument, duly executed, 653 acknowledged and delivered, addressed to the Premises, this Lease and Tenant or any party designated by Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: that (i) this Lease is 654 unmodified and in full force and effecteffect (or if there shall have been modifications that the same is in full 655 force and effect as modified and stating the modifications) and the dates to which the rent and other 656 charges have been paid, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and date of expiration of the Term, (iii) no the Rent has been paid in advance. If then payable under this 657 Lease, (iv) whether or not, to the best knowledge of the officer executing such certificate on behalf of 658 Landlord, Tenant is required in default in performance of any covenant, agreement or condition contained in this 659 Lease and, if so, specifying each such default of which the person executing such certificate may have 660 knowledge, and (v) any other matter reasonably requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).by Tenant. 661

Appears in 2 contracts

Samples: Parking Lease Agreement, Parking Lease Agreement

Estoppel Certificate. Within Tenant shall, at any time and from time to time, within ten (10) days after request therefor by Landlordwritten request, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a written instrument in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingrecordable form: (a1) ratifying this Lease; (2) confirming the Possession Date, the Rent Commencement Date and the expiration date of the term; (3) certifying that this Lease is unmodified and in full force and effect orand has not been assigned, if modified, stating supplemented or amended, except by such writings as shall be stated therein and attached thereto; (4) certifying that to the nature best knowledge of the signer of such modification certificate, all conditions and agreements in this Lease to be satisfied or performed by Landlord have been satisfied and performed (except as shall be stated) and certifying that Landlord is not in default under this Lease, as so modified, is in full force Lease and effectthat there are no defenses or offsets against the enforcement of this Lease by Landlord (or stating the defaults and/or defenses claimed); (b5) certifying the dates to which the Rent and other charges are paid in advanceamount of advance rent, if any, paid by Tenant and the date to which rent has been paid; (c6) acknowledging that there are not, to such party’s knowledge, any uncured defaults on certifying the part amount of the requesting party hereunder, or specifying such defaults if they are claimedSecurity Deposit; and (d7) certifying any other information that may be reasonably requested (the “Estoppel Certificate”). If Tenant fails to such other mattersreturn the Estoppel Certificate within ten (10) days after written request, relative to the Premises, this Lease and Tenant, as Landlord may requestan Event of Default by Tenant has occurred. Any Tenant agrees that any such statement may be relied upon by any actual or prospective purchaser or lender Mortgagee of all the Tract or any portion interest therein, and by any assignee of the Premises Landlord’s interest in this Lease or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)part thereof.

Appears in 2 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.)

Estoppel Certificate. Within ten Tenant shall, at any time and from time to time, upon not less than five (105) days after request therefor by days’ prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (athe “Estoppel Certificate”) certifying the following information, (but not limited to the following information if further information is requested by Landlord): (i) that this Lease is unmodified and in full force and effect (or, . if modified, . stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (ciii) the amount of Tenant’s security deposit, if any; and (iv) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both. would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; . It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement contained in the Estoppel Certificate delivered by Tenant as provided herein may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinReal Property. The Tenant’s failure to deliver such statement within such time shallshall constitute an admission by Tenant that all statements contained therein are true and correct. if Tenant fails to timely deliver the Estoppel Certificate to Landlord, at Landlordthen Tenant hereby irrevocably appoints Landlord as Tenant’s option be an Event of Default hereunder attorney-in-fact and shall be conclusive in Tenant’s name, place and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested stead to execute more than one estoppel certificate or similar document any and all documents described in any twelve (12) month this Article 25 if Tenant fails to do so within the specified time period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

Estoppel Certificate. Within Tenant agrees that from time to time upon not less than ten (10) days after days’ prior request therefor by Landlord, or if on any saleexisting or prospective Mortgagee or Ground Lessor, assignment Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or hypothecation by other occupant of the Premises claiming by, through or under Tenant, to complete, execute and deliver to Landlord of or Landlord’s interest in the Premisesdesignee or to any existing or prospective Mortgagee or Ground Lessor, or any part thereof, an a written estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (a) certifying that this Lease is unmodified and is in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effecteffect and setting forth the modifications); (b) certifying the dates to which amounts of the monthly installments of Base Rent and other charges are Additional Rent Estimate then required to be paid in advance, if anyunder this Lease; (c) acknowledging the date to which Rent has been paid; (d) that there are not, to such partythe best of Tenant’s knowledge, Landlord is not in default under any uncured defaults on the part of the requesting party hereunderprovisions of this Lease, or specifying such defaults if they are claimedin default, the nature thereof in detail and what is required to cure same; and (de) certifying to such other matters, relative to information concerning the Premises, status of this Lease and or the parties’ performance hereunder reasonably requested by Landlord or the party to whom such estoppel certificate is to be addressed. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The ’s failure to complete, execute and deliver such statement estoppel certificate within the aforesaid 10-day period, if such time shallfailure continues for five (5) days after written notice to Tenant of such failure, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) deemed to be a Default under Section 19 of this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Estoppel Certificate. Within ten Subtenant shall, at any time and from time to time upon not less than twenty (1020) days after request therefor days’ prior notice by LandlordSublandlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Sublandlord a statement in writing: (a) certifying that this Lease Sublease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as so modified and stating the modifications), the dates to which the Rent and other charges are have been paid in advance, if any; (c) acknowledging that there are not, stating to the actual knowledge of Subtenant, whether or not Sublandlord is in default in the performance of any covenant, agreement, or condition contained in this Sublease and, if so, specifying each such party’s knowledge, default of which Subtenant may have knowledge and containing any uncured defaults on other information and certifications relating to this Sublease and the part rights and obligations of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord parties hereunder that reasonably may requestbe requested by Sublandlord. Any such statement delivered pursuant to this Section 18 may be relied upon by Sublandlord and any prospective purchaser of the Building or lender of all the land thereunder or any portion of mortgagee, ground lessor or other like encumbrancer upon the Premises Building or any the Land, or Sublandlord’s leasehold interest therein. The Subtenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) deemed a statement that this Lease Sublease is in full force and effect, without modification modification, except as may be represented by the requesting party; (ii) Sublandlord in such request, that there are no uncured Events of Default or events that with the giving of notice or passage of time would constitute Events of Default, that there are no material defaults on the requesting partyin Sublandlord’s performance; , and (iii) no that not more than one month’s installment of Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Office Lease (Cascadian Therapeutics, Inc.), Sublease and Recognition Agreement (Cti Biopharma Corp)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Infiniti Solutions LTD), Lease Agreement (Interlink Electronics)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit K, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such prescribed time and a period of five (5) additional days after Landlord gives Tenant written notice of such failure shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Samples: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Estoppel Certificate. Within ten Either Landlord or Tenant shall, within fifteen (1015) days after request therefor by Landlordof receipt of written notice from the other, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit I (as the same may be modified to reflect Landlord as the signing party), or on any other form reasonably requested by a proposed Lender or purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)

Estoppel Certificate. Within ten Tenant shall, within five (105) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesrequest therefor, or any part thereof, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyExpiration Date; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing as may shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; and (iiih) no Rent has been paid in advancesuch other information as Landlord may request. Landlord’s mortgage lenders and purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant. If Tenant is required or requested fails to execute more than one such estoppel certificate or similar document in any twelve within such five (125) month day period, Landlord may execute the same on behalf of Tenant as Tenant’s duly authorized attorney-in-fact. For such purpose, Tenant hereby makes, constitutes and appoints Landlord as Tenant’s true and lawful attorney to act for Tenant and in Tenant’s name, place and stead and for Tenant’s use and benefit. Such power of attorney shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 2 contracts

Samples: Lease Agreement (Herbst Gaming Inc), Lease Agreement (Herbst Gaming Inc)

Estoppel Certificate. Within ten (a) LESSEE'S OBLIGATION TO EXECUTE ESTOPPEL CERTIFICATE WHEN REQUESTED From time to time, upon at least TEN (10) days after request therefor by DAYS' prior written notice from Lessor or Ground Lease Landlord, or if on any saleLessee shall execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to Lessor or Ground Lease Landlord, as the requesting party case may be, at no cost to Lessor, a statement in writing: writing (ai) certifying that that, as of the date of such statement, this Sublease and the Ground Lease is are each unmodified and in full force and effect (or, if modifiedmodified at such time, stating the nature of such modification and certifying that this Sublease or the Ground Lease, as the case may be, as so modified, is then in full force and effect; ), (bii) certifying the dates Base Rent Commencement Date, (ii) certifying the date to which the Rent and or other charges are then paid in advance, if any; , and the amount of the Rent and other charges paid by Tenant, AND (ciii) acknowledging that that, as of the date of such statement, there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of Lessor hereunder or any uncured defaults on the requesting party hereunderpart of Lessor or Ground Lease Landlord under the Ground Lease, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Subleased Premises.

Appears in 2 contracts

Samples: Sublease Agreement (Tumbleweed Inc), Sublease Agreement (Tumbleweed Inc)

Estoppel Certificate. Within The Tenant agrees that from time to time upon not less than ten (10) days after business days' prior request therefor by Landlord, or if on the holder of any saleMortgage or any ground lessor, assignment the Tenant (or hypothecation by Landlord of Landlord’s interest in the Premisesany permitted assignee, subtenant, licensee, concessionaire, or any part thereofother occupant of the Premises claiming by, an estoppel certificate shall be required from through, or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any Mortgage or ground lessor, a statement in writing: writing signed by Tenant certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunderUnited States or any State thereof, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord, the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceholder of any Mortgage or ground lessor. If Tenant is required or requested to execute more than one estoppel certificate or requests a similar document in any twelve (12) month period, statement stain the status of this Lease Landlord shall reimburse provide same to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)within ten 10 business days.

Appears in 2 contracts

Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Estoppel Certificate. Within The Tenant agrees that from time to time upon not less than ten (10) days after business days' prior request therefor by Landlord, or if on the holder of any saleMortgage or any ground lessor, assignment the Tenant (or hypothecation by Landlord of Landlord’s interest in the Premisesany permitted assignee, subtenant, licensee, concessionaire, or any part thereofother occupant of the Premises claiming by, an estoppel certificate shall be required from through, or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any Mortgage or ground lessor, a statement in writing: writing signed by Tenant certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunderUnited States or any State thereof, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord, the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceholder of any Mortgage or ground lessor. If Tenant is required or requested to execute more than one estoppel certificate or requests a similar document in any twelve (12) month periodstatement, stating the status of this Lease, Landlord shall reimburse provide same to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars within ten ($500.00)10) business days.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Net Lease Agreement (Zoned Properties, Inc.)

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the PremisesProject, Building, Lot and/or Parking Area, or any part thereof, an estoppel Estoppel certificate shall be required from Tenant, Tenant shall deliver deliver, in recordable form, such a certificate to any proposed mortgagee or purchaser, and to Landlord, certifying (if such be the requesting party a statement in writing: case) that (ai) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (bii) certifying the dates to which the Rent date of Tenant’s most recent payment of Rent, and other charges are paid in advancethat Tenant has no defenses or offsets outstanding, if anyor stating those offsets or defenses claimed by Tenant; (ciii) acknowledging that there are not, to such partyand any other information reasonably requested. Tenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such said certificate in time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) there are no uncured defaults on the requesting partyin Landlord’s performanceperformance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one period’s Base Rent has been paid in advance. If Failure of Tenant is required to deliver such a certificate to Landlord or requested to execute more than one estoppel certificate any proposed mortgagee or similar document purchaser within ten (10) days following Landlord’s request therefor shall be deemed Tenant’s acknowledgment of the correctness of the statements made in any twelve (12the foregoing sentence and that the aforementioned mortgagee(s) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and/or purchaser(s) may rely on said statements.

Appears in 2 contracts

Samples: Consent to Assignment Agreement (Zogenix, Inc.), Lease (Zogenix, Inc.)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit G, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within the prescribed time shall, if such time failure continues for more than five (5) calendar days after Landlord gives Tenant written notice thereof shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit "D" with the blanks filled in, and on any other form reasonably requested by a proposed lender or purchaser, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advanceadvanced, if any; , (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; claimed and (diii) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon by Landlord. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such time shall, at the option of Landlord’s option be an Event of , constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Samples: Lease (Lexicon Genetics Inc/Tx)

Estoppel Certificate. Within ten Tenant shall, within fifteen (1015) business days after following receipt of a written request therefor by from Landlord, execute, acknowledge and deliver to Landlord or if on to any salelender, assignment purchaser or hypothecation prospective lender or purchaser designated by Landlord of Landlord’s interest a written statement, in the Premisesform attached hereto as Exhibit D or in such other form as Landlord may reasonably request, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (ai) certifying that this Lease is unmodified and in full force and effect and unmodified (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (bii) certifying the dates date to which the Rent and other charges are paid in advancerent has been paid, if any; (ciii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, (or specifying such defaults if they any are claimed; ), and (div) certifying to such any other matters, relative to matters or state of facts reasonably required respecting the Lease or Tenant’s occupancy of the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender mortgagee of all or any portion part of the Premises or any leasehold interest thereinBuilding. The In the event that Tenant fails to deliver to Landlord the aforesaid certificate within the time period described hereinabove, then Tenant herein unconditionally agrees that it shall be liable on demand to pay Landlord the sum of $1,000.00 for each day that Tenant is late in delivering the aforesaid certificate to Landlord, such sum to be as and for Landlord’s full and complete liquidated and agreed monetary damages suffered by reason of Tenant’s failure to timely deliver such statement within such time shallan estoppel certificate to Landlord. In addition to the foregoing, Landlord reserves the right to exercise any further rights or remedies available to it under the Lease, at Landlordlaw or equity by reason of Tenant’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)default hereunder.

Appears in 1 contract

Samples: Lease (Celldex Therapeutics, Inc.)

Estoppel Certificate. Within ten Tenant shall, without charge, at any time and from time to time, within five (105) days after request therefor by Landlord, or if on Mortgagee, any salepurchaser of the Land, assignment or hypothecation by Landlord of Landlord’s interest in the PremisesEquipment, any Additional Equipment or any part thereofBuilding or any other interested person, an estoppel certificate shall be required from Tenantexecute, Tenant shall acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such estoppel certificate, the following: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except effect as may be represented by the requesting partymodified and setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is occupying the Premises (or, if Tenant is not occupying the Premises, so stating); (iv) the amounts of Base Rent and Additional Rent currently due and payable by Tenant; (v) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including Base Rent or Additional Rent (or, if alleged, specifying the same in detail); (vi) that no Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (vii) that Tenant has no knowledge of any then uncured defaults on default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the requesting party’s performancesame in detail); (viii) that Tenant is not in default (or, if Tenant is in default, specifying the same in detail); (ix) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, specifying the correct address); and (iiix) no Rent has been paid in advance. If Tenant is required or any other certifications consistent with this Lease requested by Landlord, with any qualifications to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant such certifications that are needed for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)accuracy.

Appears in 1 contract

Samples: Master Lease Agreement (Blue Rhino Corp)

Estoppel Certificate. Within ten (10) days after Landlord and Tenant agree, from time to time, upon not less than 10 business days' prior written request therefor by Landlordfrom one of the parties, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting other party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect effect; that the party providing the statement has no defenses, offsets or counterclaims against its obligations to perform its covenants under this Lease; that, in the case of the Tenant providing such statement, the Tenant has no defenses, offsets or counterclaims against its obligations to pay the Annual Base Rent and additional rent under this Lease; that there are no uncured defaults of Landlord or Tenant under this Lease (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effecteffect as modified and stating the modifications, and, if there are any defenses, offsets, counterclaims, or defaults, setting them forth in reasonable detail); (b) certifying the dates to which the Rent Annual Base Rent, additional rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedhave been paid; and (d) certifying to such any other matters, relative to the Premises, this Lease and information reasonably requested by Landlord or Tenant, as Landlord may request. Any such statement delivered pursuant to this Section 10.9 shall be in a form reasonably acceptable to and may be relied upon by any prospective purchaser or lender of all or any portion of the property including the Premises or any leasehold interest thereincurrent or prospective Holder of a Security Instrument, or by a prospective lender of the Tenant. The failure If Tenant fails to deliver such statement certificate within such time shall10 business day period, at Landlord’s option Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute such certificate on Tenant's behalf, whereupon such certificate will be an Event of Default hereunder and shall be conclusive final and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant.

Appears in 1 contract

Samples: Lease Agreement (Prime Response Inc/De)

Estoppel Certificate. Within Tenant shall at any time (but not more than twice in any calendar year unless in connection with a pending sale or financing transaction) within ten (10) business days after following the request therefor by of Landlord, or if on any sale, assignment or hypothecation by Landlord of execute and deliver in recordable form and in substance reasonably satisfactory to Landlord’s interest in the Premises, or any part thereof, an written estoppel certificate shall be required from Tenant, certifying: the date Tenant shall deliver to accepted occupancy of the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating Demised Premises; the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates date to which Rent has been paid; the Rent and other charges are paid in advance, if anyamount of any Security Deposit; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been modified or amended (or if modified or amended, without modification except as may be represented by describing the requesting party; (iisame) and that there are no uncured defenses or offsets thereto or defaults on of Landlord under this Lease (or if any be claimed, describing the requesting party’s performancesame); that Tenant has accepted the Demised Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or if Tenant does not believe the Demised Premises have been satisfactorily completed or believes it has any claims against Landlord, a full and complete explanation thereof); and (iii) no Rent has been paid in advancesuch other matters as Landlord may reasonably request. If Tenant is required or requested does not complete, execute and deliver to execute more than one Landlord the estoppel certificate or similar document in as and when required herein, then if Landlord serves upon Tenant a second request and Tenant does not complete, execute and deliver to Landlord the estoppel certificate within three (3) business days after service of such second request, then such failure by Tenant shall be deemed a “default” under Section 17.1 (d) above (i.e., without the requirement that Landlord provide Tenant with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up further notice and opportunity to a total charge of five hundred dollars ($500.00cure same).

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Estoppel Certificate. Within ten 33.01 Landlord and Tenant (10as applicable, the “Certifying Party”) days after request therefor each agrees, when requested by Landlordthe other party hereto (the “Requesting Party”), or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall to execute and deliver to the requesting party Requesting Party or its designee a statement in writing: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; effect as modified and stating the modifications), (bii) certifying the dates to which the Fixed Rent have been paid, (iii) whether any dispute exists with respect thereto and other charges are paid in advance, if any; (c) acknowledging that there are stating whether or not, to such partythe Certifying Party’s actual knowledge, the Requesting Party is in default in performance of any uncured defaults on of its obligations under this Lease, and, if so, specifying each such default of which the part of the requesting party hereunderCertifying Party may have knowledge, or specifying such defaults if they are claimed; and (div) certifying to such any other mattersinformation which Requesting Party shall reasonably require, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser or lender of all or any portion others. Such statement shall be served upon the Requesting Party by the Certifying Party within ten (10) Building Days (excluding Saturdays) of the Premises or any leasehold interest thereinRequesting Party’s request. The failure If the Certifying Party fails to deliver such statement or its objections thereto within such time shallten (10) Building Day (excluding Saturdays) period and continues to fail to do so within five (5) Building Days (excluding Saturdays) after receipt (or rejection) of a second request therefor, at Landlord’s option be an Event of Default hereunder and then the Certifying Party shall be conclusive and binding upon deemed to have executed the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having as delivered and the Certifying Party hereby grants the Requesting Party a limited power of attorney to sign such documents reviewed, up to a total charge estoppel certificate on behalf of five hundred dollars ($500.00)the Certifying Party.

Appears in 1 contract

Samples: Lease Agreement (GX Acquisition Corp.)

Estoppel Certificate. Within ten (10) days after Tenant shall at any time upon the request therefor by of Landlord, or if on any sale, assignment or hypothecation by Landlord of execute and deliver in recordable form and in substance satisfactory to Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, certifying: the date Tenant shall deliver to accepted occupancy of the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating Demised Premises; the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates date to which Rent has been paid; the Rent and other charges are paid in advance, if anyamount of any Security Deposit; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been modified or amended (or if modified or amended, without modification except as may be represented by describing the requesting party; (iisame) and that there are no uncured defenses or offsets thereto or defaults on of Landlord under this Lease (or if any be claimed, describing the requesting party’s performancesame); that the Demised Premises have been completed in accordance with the terms and provisions hereof and the Work Letter, if any, that Tenant has accepted the Demised Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or if Tenant does not believe the Demised Premises have been satisfactorily completed or believes it has any claims against Landlord, a full and complete explanation thereof); and such other matters as Landlord may reasonably request. Tenant's failure to deliver such certificate within fifteen (iii15) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord days of the demand therefor shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to be a total charge of five hundred dollars ($500.00)default hereunder.

Appears in 1 contract

Samples: Lease Agreement (Global Preferred Holdings Inc)

Estoppel Certificate. Within ten Each party shall, at any time and from time to time, within twenty (1020) days after request therefor by Landlordthe other party, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party (or to such person or entity as the requesting party may designate) a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) effect as modified and stating the modifications), certifying the Commencement Date, the Expiration Date and the dates to which the Fixed Rent, Additional Charges and the Electric Charge have been paid, the amount of Fixed Rent, the Tax Payment, Operating Payment and the Electric Charge then payable under this Lease and whether or not any amount of Rent and other charges are has been paid more than one (1) month in advance, if any; (c) acknowledging that there are whether or not Tenant is in possession of the Premises, whether or not all improvements required to be constructed by Landlord have been completed in accordance with the terms of this Lease, whether or not all allowances or contributions required to be paid by Landlord toward the cost of improvements constructed by Tenant have been paid, and whether or not, to the best knowledge of such party’s , the other party is in default in performance of any of its obligations under this Lease, and, if so, specifying each such default of which such party has knowledge, it being intended that any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may shall be deemed a representation and warranty to be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure party to deliver whom such statement within is addressed. Tenant and Landlord shall also include or confirm in any such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) statement such other information concerning this Lease is in full force and effectas Landlord or Tenant, without modification except as applicable, may reasonably request or as may be represented requested by any lender that may provide a loan secured by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required Project or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)interest therein.

Appears in 1 contract

Samples: National Financial Partners Corp

Estoppel Certificate. Within Tenant shall, at any time and from time to time, within ten (10) days after request therefor by written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: (a) certifying , in a form provided by Landlord to Tenant, certifying, among other things, that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent rent and other charges charges, if any, are paid in advanceadvance and the amount of Tenant's security deposit, if any; (c) , and acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, and that there are no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder (or specifying such defaults defaults, events or conditions, if they any are claimed; ). It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any a portion of the Premises or any leasehold interest thereinProject. The Tenant's failure to deliver such statement within such time shall, at the Landlord’s option be an Event of Default hereunder and shall 's election, be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, effect without modification (except as may be represented by the requesting party; (ii) Landlord), that there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iii) that no Rent more than one month's rent has been paid in advance. If Tenant is required or requested shall be liable to execute more than one estoppel certificate or similar document Landlord for any consequential damages suffered by Landlord and occasioned by Tenant's failure to deliver such certificates in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the manner described above.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

Estoppel Certificate. Within Tenant agrees that from time to time upon not less than ten (10) days after days' prior request therefor by Landlord, Tenant or if on any sale, assignment or hypothecation by Landlord Tenant's duly authorized representative having knowledge of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant following facts shall deliver to the requesting party Landlord a statement in writing: writing certifying (a) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating there have been modifications that the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect); (b) certifying the dates to which the Rent rent, rent adjustments and other charges are paid in advance, if anyhave been paid; (c) acknowledging that there are notneither Landlord nor Tenant is in default under any provision of this Lease, to such party’s knowledgeor, any uncured defaults on if in default, the part of the requesting party hereunder, or specifying such defaults if they are claimednature thereof in detail; and (d) certifying to such other matters, relative that there are no offsets or defenses to the Premisespayment of Base Rent, additional rent or any other sums payable under this Lease and TenantLease, as Landlord may requestor if there are any such offsets or defenses, specifying such in detail. Any In the event Tenant fails to deliver such statement to Landlord within such 10-day period, Tenant hereby irrevocably appoints Landlord as attorney-in-fact for Tenant with full power and authority to execute and deliver in the name of Tenant any such statement, which statement shall be binding upon Tenant and may be relied upon by Landlord and any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting third party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: Winston Furniture Co of Alabama Inc

Estoppel Certificate. Within ten Lessee shall, within five (105) days after request therefor by LandlordLessor's request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, execute and deliver to Lessor an estoppel certificate in favor of Lessor and other persons as Lessor shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyend of the Term or Extended Term; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing signed by Lessor as may shall be represented by the requesting partystated); (iid) there are that all conditions under this Lease to be performed by Lessor have been satisfied, or, in the alternative, those claimed by Lessee to be unsatisfied; (e) that no uncured defaults on defenses or offsets exist against the requesting party’s performanceenforcement of this Lease by Lessor, or, in the alternative, those claimed by Lessee; (f) the amount of advance rent, if any (or none if such is the case), paid by Lessee; (g) the date to which rent has been paid; (h) the amount of any security deposit; and (iiii) no Rent has been paid in advancesuch other information as Lessor may request. If Tenant is required or requested Lessor's mortgage lenders and purchasers shall be entitled to execute more than one rely on any estoppel certificate or similar document in any twelve not returned within such five (125) month day period, Landlord and Lessee shall reimburse Tenant be deemed to have admitted and confirmed to Lessor and Lessor's mortgage lenders and purchasers the information contained in such certificate, or in the alternative, at Lessor' selection, Lessor may execute the same on behalf of Lessee as Lessee's duly authorized attorney-in-fact. For such purpose, Lessee makes, constitutes and appoints Lessor as Lessee's true and lawful attorney to act for its legal fees incurred Lessee and in having such documents reviewedLessee's name, up place and stead and for Lessee's use and benefit. Such power of attorney shall be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 1 contract

Samples: Lease Agreement (Vermillion Ventures Inc)

Estoppel Certificate. Within ten (10) days after Tenant will, following any request therefor by Landlord, or if on any sale, assignment or hypothecation by promptly execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to in the requesting party a statement in writing: form attached as Exhibit C (ai) certifying that this Lease is unmodified and in full force and effect effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; , (bii) certifying stating the dates date to which the Rent rent and other charges are paid in advance, if any; , (ciii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (div) certifying to such other mattersinformation about this Lease as may be reasonably requested by Landlord, relative its Lender or prospective lenders, investors or purchasers of the Building or the Property. Tenant's failure to execute and deliver such estoppel certificate within ten (10) days after Landlord's written request therefor, at Landlord's option, shall be a material default by Tenant under this Lease, and Landlord shall have all of the Premisesrights and remedies available to Landlord as Landlord would otherwise have in the case of any other material default by Tenant, including the right to terminate this Lease and sue xxx damages proximately caused thereby, it being agreed and understood by Tenant that Tenant, as 's failure to so deliver such estoppel certificate in a timely manner could result in Landlord may requestbeing unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Any such Landlord and Tenant intend that any statement delivered pursuant to this paragraph may be relied upon by any prospective Lender or purchaser or lender prospective Lender or purchaser of all the Building, the Property, or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)them.

Appears in 1 contract

Samples: Lease (Webex Inc)

Estoppel Certificate. Within (a) Lessee shall at any time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Lessor execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The (b) At Lessor's option, Lessee's failure to deliver such statement within such time shall, at Landlord’s option shall be an Event a material breach of Default hereunder and this Lease or shall be conclusive and binding upon the party upon whom the request is made that: Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii) that there are no 6 uncured defaults on the requesting party’s in Lessor's performance; , and (iii) no Rent that not more than one moth's rent has been paid in advanceadvance or such failure may be considered by Lessor as a default by Lessee under this Lease. (c) If Tenant is Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or requested to execute more than one estoppel certificate purchaser. Such statements shall Include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor and such lender or similar document in any twelve (12) month period, Landlord purchaser In confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 1 contract

Samples: Rockford Corp

Estoppel Certificate. Within ten (10) business days after written request therefor by Landlordeither party, or if on any salethe other party shall execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent and any other charges payable by Tenant hereunder are paid in advance, if any; , (cii) acknowledging that there are not, to such the certifying party’s knowledge, any uncured defaults on the part of the requesting party hereunder, hereunder or specifying such defaults if they any are claimed; , and (diii) certifying in case of a transfer of Landlord’s interest, attorning to such other mattersthe transferee, relative to provided the transferee acknowledges Txxxxx’s rights under this Lease. Landlord and Tenant hereby acknowledge that prospective purchasers and encumbrancers of the Premises, this Lease and Tenant’s business, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises Property, may incur obligations or any leasehold interest thereinextend credit in reliance upon the representations contained in such statement. The failure If the certifying party fails to deliver such statement to the requesting party within said ten (10) business day period, the requesting party shall give the certifying party an additional written notice of such time shallrequest. If such statement in not received by the requesting party within two (2) business days after such additional request, at Landlord’s option be an Event of Default hereunder such failure shall conclusively evidence the representation and shall be conclusive and binding upon the party upon whom the request is made agreement that: (i) this Lease is in full force and effect, without modification modification, except as may be represented by the requesting partyparty may represent; (ii) there are no uncured defaults on in the requesting party’s performanceperformance hereunder; and (iii) no Rent Txxxxx has been not paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document month’s rent in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)advance.

Appears in 1 contract

Samples: Commercial Lease (Ciprico Inc)

Estoppel Certificate. Within ten Tenant shall, within five (105) days after Landlord's request therefor by Landlordtherefore, or if on any sale, assignment or hypothecation by execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyExpiration Date; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing as may shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; and (iiih) no Rent has been paid in advancesuch other information as Landlord may request. Landlord's mortgage lenders and purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant. If Tenant is required or requested fails to execute more than one such estoppel certificate or similar document in any twelve within such five (125) month day period, Landlord may execute the same on behalf of Tenant as Tenant's duly authorized attorney-in-fact. For such purpose, Tenant hereby makes, constitutes and appoints Landlord as Tenant's true and lawful attorney to act for Tenant and in Tenant's name, place and stead and for Tenant's use and benefit. Such power of attorney shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 1 contract

Samples: Herbst Gaming Inc

Estoppel Certificate. Within Tenant agrees that, from time to time, upon not less than ten (10) days after prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the PremisesTenant, or any part thereofTenant’s duly-authorized representative having knowledge of the following fasts, an estoppel certificate shall be required from Tenant, Tenant shall will deliver to the requesting party Landlord a statement in writing: writing certifying to the extent true (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect) ; (bii) certifying the dates to which the Rent and other charges are paid have been paid; (iii) that the Landlord is not in advancedefault under any provision of this Lease, or, if any; (c) acknowledging that there are notin default, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimednature thereof in reasonable detail; and (div) certifying to such other mattersfurther matters as are set forth on the form of estoppel certificate attached hereto as Exhibit “C” and made a part hereof, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being intended that any such statement may be relied upon by any prospective purchaser or lender of all mortgagees thereof, or any portion prospective assignee of any mortgage thereof, Tenant shall execute and deliver to Landlord, the Premises or any leasehold interest therein. The failure estoppel certificate attached as Exhibit “C” and whatever reasonable instruments may be required for such purposes, and in the event Tenant fails so to deliver such statement do within such time shalltwenty (20) days after demand writing, Tenant may, at Landlord’s option option, be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) considered in default under this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 1 contract

Samples: Agreement of Lease (Acell Inc)

Estoppel Certificate. Within ten Lessee shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Lessor, within not less than five (5) days after request therefor by LandlordLessor provides such to Lessee, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the requesting party hereunder, Lessor hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord Lessor may requestreasonably require. Any such statement may be conclusively relied upon by Lessor and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Lessee's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Lessee that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLessor; (iib) there are no uncured defaults on the requesting party’s in Lessor's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Lessee pays Rent quarterly in advance pursuant to Paragraph 8 hereof, then not more than three month's Rent has been paid in advance. If Tenant is required Failure by Lessee to so deliver such certified estoppel certificate shall be a default of the provisions of this Lease. Lessee shall be liable to Lessor, and shall indemnify Lessor from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Lessee to execute more than one or deliver to Lessor any such certified estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Samples: Lease Agreement (Bikers Dream Inc)

Estoppel Certificate. Within (a) Tenant shall, within ten (10) business days after request therefor by of receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit I, or on any other form reasonably requested by a proposed Lender or purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further factual information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such time the prescribed time, if such failure continues for more than five (5) days after Landlord gives Tenant written notice thereof (which notice shall state, in bold and prominent print, that failure to reply shall result in a Default under this Section 21(a)), shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease and, in any event, shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred execution. However, no such certificate shall have the effect of amending this Lease, and in having such documents reviewedthe case of any conflict between this Lease and any certificate, up to a total charge of five hundred dollars ($500.00)this Lease shall prevail.

Appears in 1 contract

Samples: Lease (Aveo Pharmaceuticals Inc)

Estoppel Certificate. Within At any time and from time to time upon ten (10) days after Business Days prior request therefor by Landlord, or if on any saleTenant will promptly execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to Landlord, a certificate indicating to the requesting party a statement in writing: extent true (a) certifying that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may modified, and stating the date and nature of each modification), (b) that Tenant is in occupancy of the Demised Premises and any work to be represented performed by Landlord has been satisfactorily completed, (c) the requesting party; date to which rental and other sums payable hereunder have been paid, (iid) that neither Landlord nor Tenant is in default under this Lease and Xxxxxx knows of no fact which with the passage of time or giving of notice would constitute such a default by Landlord or Tenant, (e) there are no uncured defaults on actions, whether voluntary or otherwise, pending, or to its knowledge threatened, against Tenant under the requesting party’s performance; bankruptcy laws of the United States or any state thereof, and (iiif) no Rent has been paid such other matters as may be reasonably requested by Landlord or its mortgagee. Any such certificate may be relied upon by any prospective purchaser, mortgagee, or beneficiary under any deed of trust of the Building or any part thereof. In the event Tenant shall fail to deliver the certificate within the time period stated above, such failure shall be a default under this Lease and Tenant shall be deemed to have confirmed as true the matters stated in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12a) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars through ($500.00)e) above.

Appears in 1 contract

Samples: Lease (Conifer Holdings, Inc.)

Estoppel Certificate. Within ten Xxxxxx agrees, at any time, and from time to time, upon not less than fifteen (1015) days after request therefor days' prior notice by Landlord, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord, a statement in writing: (a) writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect (or, without modification except if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Xxxxxx has accepted possession, that the lease term has commenced, Tenant is occupying the Leased Premises and is open for business, and stating whether or not there exists any default by either party in the performance of any covenant, agreement, term, provision or condition contained in this Lease, and, if so, specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant, it being intended that any such statement delivered pursuant hereto may be represented relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the requesting party; (ii) there are no uncured defaults on Leased Premises or the requesting party’s performance; and (iii) no Rent has been paid in advanceProperty. If Tenant is required or requested does not deliver such statement to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having within such documents reviewed, up to a total charge of five hundred dollars ($500.00).fifteen

Appears in 1 contract

Samples: Lease Agreement (Dixie Group Inc)

Estoppel Certificate. Within Tenant shall from time to time, upon written request by Landlord or Lender, deliver to Landlord or Lender, within ten (10) days after request therefor by Landlordfrom receipt of such request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of identifying such modification modifications and certifying that this the Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent and other charges are paid in advance, if anyhas been paid; (ciii) acknowledging that there are not, to such party’s knowledge, Landlord is not in default under any uncured defaults on the part provision of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant(or if Landlord is in default, as Landlord may request. Any specifying each such default); and, (iv) the address to which notices to Tenant shall be sent; it being understood that any such statement so delivered may be relied upon by in connection with any prospective purchaser lease, mortgage or lender of all or any portion of the Premises or any leasehold interest thereintransfer. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification effect and not modified except as Landlord may be represented by the requesting partyrepresent; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no not more than one month's Rent has been paid in advance; (iii) there are no defaults by Landlord; and, (iv) notices to Tenant shall be sent to Tenant's Address as set forth in Article I of this Lease. If Notwithstanding the presumptions of this Article, Tenant is required or requested shall not be relieved of its obligation to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)deliver said statement.

Appears in 1 contract

Samples: Office Lease (Sunquest Information Systems Inc)

Estoppel Certificate. Within (A) At any time and from time to time upon written request by Landlord, Tenant hereby agrees to deliver within ten (10) days after request therefor request, a certificate ("Estoppel Certificate") to Landlord or to any present or proposed (a) mortgagee, (b) lessor under a Superior Lease, or (c) purchaser designated by Landlord, or in the form supplied, certifying: (1) that Tenant has accepted the Premises (or, if on any saleTenant has not done so, assignment or hypothecation by Landlord of Landlord’s interest in that Tenant has not accepted the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to and specifying the requesting party a statement in writing: reasons therefor): (a2) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect and has not been modified (or if modified, serving forth all modifications), or, if this Lease is not in full force and effect, without modification the certificate shall so specify the reasons therefor (3) the Commencement Date, the Expiration Date and the terms of any extension options of Tenant; (4) the date to which the Base Rent and Additional Rent have been paid under this Lease and the amount thereof then payable; (5) the amount of the Security Deposit and prepaid rent, if any, being held by landlord; (6)whether there are then any existing defaults by Landlord in the performance of its obligations under this Lease, and if there are any such defaults, specifying the nature and extent thereof; (7) that no notice has been received by Tenant of any default under this Lease which has not been cured, except as may be represented by to defaults specified in the requesting partycertificate; (ii) there are no uncured defaults 8) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on the requesting party’s performancebehalf of Tenant; and (iii9) no Rent has been paid in advance. If Tenant is required any other information reasonably requested by Landlord or requested to execute more than one estoppel certificate its present or similar document in proposed purchaser, holder of any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to Mortgage or lessor under a total charge of five hundred dollars ($500.00)Superior Lease.

Appears in 1 contract

Samples: Lease (Espos Inc)

Estoppel Certificate. Within ten Tenant shall, without charge, at any time and from time to time, within five (105) days after request therefor by Landlord, or if on Mortgagee, any sale, assignment or hypothecation by Landlord purchaser of Landlord’s interest in the Premises, all or any part thereofportion of the Project or any other interested person, an estoppel certificate shall be required from Tenantexecute, Tenant shall acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such estoppel certificate, the following: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except effect as may be represented by the requesting partymodified and setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or, if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured defaults on default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the requesting party’s performancesame in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, specifying the correct address); and (iiixi) no Rent has been paid in advance. If Tenant is required or any other certifications requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)by Landlord.

Appears in 1 contract

Samples: Office Lease (Synplicity Inc)

Estoppel Certificate. Within Upon not less than ten (10) days after request therefor by prior written notice from Landlord, Tenant shall execute and deliver to Landlord, or if on any saleLandlord's designee, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a written statement in writing: certifying (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (b) certifying the dates amount of the minimum monthly rent then in effect, the current Operating Expense which Tenant is paying, and the date to which the Rent rent and other charges are Operating Expense have been paid in advance; (c) the amount of any security deposited with Landlord; (d) the Commencement Date, the Expiration Date of the Term, and the number and duration of option periods, if any; (ce) acknowledging that whether or not there are not, to such party’s knowledge, then existing any uncured defaults on defenses against the part enforcement of any of the requesting party hereunderobligations of Tenant under this Lease (and, if so, specifying same); (f) whether or not Landlord is in default hereunder (and, if so, specifying such defaults if they are claimedsame); and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented reasonably requested by the requesting party; (ii) there are no uncured defaults Landlord. Any prospective purchaser, ground lessor, lender, or other interested party shall be entitled to rely on the requesting party’s performancetruth of all of the matters contained in Xxxxxx's statement. Failure to comply with the Section shall be a material breach of this Lease by Xxxxxx; and (iii) no Rent has been paid in advance. If Tenant is required or requested addition to execute more than one estoppel certificate or similar document in any twelve (12) month periodall of Landlord's other rights and remedies hereunder, Landlord shall reimburse have the right to collect from Tenant for its legal fees incurred in having such documents reviewedall damages caused by the loss of a loan, up sale, or other transaction which may result from Xxxxxx's failure to a total charge of five hundred dollars ($500.00)comply with this Section 37.

Appears in 1 contract

Samples: berkeleyca.gov

Estoppel Certificate. Within At any time and from time to time, upon not less than ten (10) days after request therefor business days’ prior written notice, Tenant (and each subtenant subleasing two or more floors) shall execute, acknowledge and deliver to Landlord and/or any other person or entity designated by Landlord, or if on any salea written statement certifying, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingextent true: (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effecteffect as modified and stating the modifications); (b) certifying the dates to which the Rent rent and any other charges are paid in advance, if anyhave been paid; (c) acknowledging that there are not, to such partyTenant’s actual knowledge, whether or not Landlord is in default in the performance of any uncured defaults on obligation, and if so, specifying the part nature of such default; (d) the requesting party hereunderaddress to which notices to Tenant are to be sent; (e) that this Lease is subject and subordinate to all Mortgages encumbering the Building or the Land (subject to the terms of Article XXI hereof or any fully executed SNDA); (f) that Tenant has accepted the Premises and that all work thereto has been completed (or if such work has not been completed, or specifying such defaults if they are claimedthe incomplete work); and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request. Any such statement may be relied upon by any owner of the Building or the Land, any prospective purchaser of the Building or lender the Land, any holder or prospective holder of all a Mortgage or any portion other person or entity. Tenant acknowledges that time is of the Premises or any leasehold interest therein. The essence to the delivery of such statements and that Tenant’s failure to deliver timely such statements may cause substantial damages resulting from, for example, delays in obtaining financing, and if such statement is not executed and delivered within such time shallfive (5) days after receipt of a second written notice stating in bold, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If capital letters “FAILURE TO RETURN THIS ESTOPPEL WITHIN FIVE DAYS WILL RESULT IN A PENALTY OF $1.000 A DAY” Tenant is required or requested agrees to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up pay a late fee equal to a total charge of five hundred dollars One Thousand Dollars ($500.00)1,000.00) per day for each day until the certificate is executed and returned to Landlord.

Appears in 1 contract

Samples: Office Lease Agreement (Qualtrics International Inc.)

Estoppel Certificate. Within ten Tenant shall, at any time and from time to time, upon not less than seven (107) calendar days after request therefor by following receipt of prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesacknowledge, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall and deliver to the requesting party Landlord a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and such other matters concerning this Lease and the Tenant as may be reasonably requested by Landlord, its lenders, or any potential assignee of Landlord including the dates to which the Rent and other charges are paid in advancepaid, if any; (c) and acknowledging that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder (or specifying such defaults offsets, claims, or defaults, if they any are claimed; ). It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises Building Complex or by any leasehold interest thereinother person to whom it is delivered. The Tenant’s failure to deliver such statement within statement, after having received a second notice from Landlord providing Tenant with three (3) additional calendar days to provide such time shallstatement, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting partyin Landlord’s performance; , and that not more than two (iii2) no Rent months, rental has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: Office Lease (Heatwurx, Inc.)

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Estoppel Certificate. Within ten (10) days after Tenant will, following any request therefor by Landlord, or if on any sale, assignment or hypothecation by promptly execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenantsubstantially in form attached as Exhibit D, Tenant shall deliver to the requesting party a statement in writing: (ai) certifying that this Lease is unmodified and in full force and effect effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; , (bii) certifying stating the dates date to which the Rent rent and other charges are paid in advance, if any; , (ciii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (div) certifying to such other mattersinformation about this Lease as may be reasonably requested by Landlord, relative its Lender or prospective lenders, investors or purchasers of the Building or the Property. Tenant’s failure to execute and deliver such estoppel certificate within ten days after Landlord’s written request therefor shall, at Landlord’s option, be a material default by Tenant under this Lease, and Landlord shall have all of the Premisesrights and remedies available to Landlord as Landlord would otherwise have in the case of any other material default by Tenant, including the right to terminate this Lease and xxx for damages proximately caused thereby, it being agreed and understood by Tenant that Tenant, as ’s failure to so deliver such estoppel certificate in a timely manner could result in Landlord may requestbeing unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Any such Landlord and Tenant intend that any statement delivered pursuant to this paragraph may be relied upon by any prospective Lender or purchaser or lender prospective Lender or purchaser of all the Building, the Property, or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)them.

Appears in 1 contract

Samples: Lease (Atheros Communications Inc)

Estoppel Certificate. Within 31.1 Tenant shall from time to time within ten (10) days after request therefor by Landlordprior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing in the form set forth in EXHIBIT E attached hereto, or such other form as may be customarily required by Landlord's Mortgagee, (ai) certifying that this Lease is unmodified and in full force and effect affect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder (or specifying such defaults if they are claimed); and (diii) certifying to containing such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestare set forth in such form. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting party’s in Landlord's performance; , and that not more than one (iii1) no month's Rent has been paid in advance. If Failure of Tenant is required or requested to so deliver such statement shall be a material default hereunder. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute more than one estoppel certificate or similar document and deliver such statement to any third party in any twelve (12) month period, Landlord shall reimburse the name and on behalf of Tenant for its legal fees incurred in having such documents reviewed, up if Tenant fails to a total charge of five hundred dollars ($500.00)comply with the foregoing.

Appears in 1 contract

Samples: Office Lease (Doubletwist Inc)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying to setting forth such other matters, relative further information with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such time shall, at the option of Landlord’s option be an Event of , constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution. Upon request by Tenant no more than once in any 12 month period during the requesting party; Term, Landlord will similarly execute an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which the rental and other charges are paid in advanced, if any, and (ii) acknowledging that there are no uncured defaults not, to Landlord’s knowledge, any Defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If part of Tenant is required hereunder, or requested to execute more than one estoppel certificate or similar document in specifying such Defaults if any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)are claimed.

Appears in 1 contract

Samples: Lease Agreement (Ligand Pharmaceuticals Inc)

Estoppel Certificate. Within Tenant shall from time to time, upon not less than ten (101O) days after request therefor by days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesacknowledge, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall and deliver to the requesting party Landlord a statement in writing: (a) writing certifying certain facts including, without limitation, that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental, the security deposit, if any, and other charges charges, if any, are paid in advance, if any; (c) and acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute default on the part of Landlord hereunder, or specifying such defaults defaults, events, or conditions, if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or Building shall be entitled to rely upon any leasehold interest therein. The such statement, Tenant's failure to deliver such statement within such time shall, at the option of Landlord’s , constitute a breach or default under this Lease if such option be an Event of Default hereunder and is not so exercised by Landlord, Tenant's failure shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (i) this Lease is in full force and effect, effect without modification except as may be represented by the requesting partyLandlord; (ii) that there are no uncured defaults on the requesting party’s in Landlord's performance; and (iii) no Rent that not more than two (2) months' rental has been paid in advance. If Tenant is required or requested fails to deliver the certificate within ten (1O) days, Tenant irrevocable constitutes and appoints Landlord as its special attorney-in-fact to execute more than one estoppel and deliver the certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)third party.

Appears in 1 contract

Samples: Office Lease (1st Miracle Group Inc /Ontario/)

Estoppel Certificate. Within ten (10) days after Lessor and Lessee agree at any time and from time to time, upon not less than 20-days' prior written request therefor by Landlordeither of them to the other, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified, and stating the dates modifications), and the date to which the Rent rental and other charges are have been paid in advance, if any; (c) acknowledging , it being intended that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement delivered pursuant to this Article 22 may be relied upon by any prospective purchaser of the fee, or lender mortgagee or assignee of all any mortgage upon the fee or leasehold interest in the leased premises, or by any assignee of the Lessee. Lessee agrees to execute a subordination and attornment agreement in favor of any beneficiary under any deed of trust covering the leased premises; provided, however, as a condition to this subordination provision, the Lessor shall obtain from any such beneficiary an agreement in writing, which shall be delivered to Lessee providing in substance that, so long as Lessee shall faithfully discharge the obligations on its part to be kept and performed under the terms of this Lease, its tenancy shall not be disturbed, nor shall this Lease be affected by any default under such mortgage, and in the event of foreclosure or any portion enforcement of any such mortgage, the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallrights of Lessee hereunder shall expressly survive, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is shall in all respects continue in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month periodprovided, Landlord shall reimburse Tenant for however, that Lessee fully performs all of its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)obligations hereunder.

Appears in 1 contract

Samples: Sublease (Capital Bank Corp)

Estoppel Certificate. Within ten (10) business days after request therefor following Landlord’s request, Tenant shall execute, acknowledge and deliver written estoppel certificates addressed to (i) any Holder or prospective mortgagee of Landlord, or (ii) any purchaser or prospective purchaser of all or any portion of, or interest in, the Project, on a commercially reasonable form specified by Landlord, certifying as to such facts (if true) and agreeing to such notice provisions and other matters as such mortgagee(s) or if on any salepurchaser(s) may reasonably require, assignment or hypothecation by Landlord of Landlord’s interest in including, without limitation, the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect (or in full force and effect as modified, and stating the modifications); (b) the amount of, and date to which Rent and other charges have been paid in advance; (c) the amount of any Security Deposit; and (d) acknowledging that to Tenant’s current knowledge without duty of inquiry, Landlord is not in default under this Lease (or, if modifiedLandlord is claimed to be in default, stating the nature of the alleged default). Any such modification estoppel certificate may be relied upon by any such mortgagee or purchaser. If Tenant fails to execute any such certificate complying with the above provisions within the period described above, and certifying thereafter Tenant does not deliver such executed document within ten (10) days of written notice from Landlord of such failure, such failure shall, at Landlord’s election, constitute an Event of Default hereunder and shall be conclusive upon Tenant that (1) this Lease, as so modified, Lease is in full force and effecteffect and has not been modified except as represented by Landlord; (b2) not more than one month’s Rent has been paid in advance; and (3) Landlord is not in default under this Lease. At any time and from time to time, in the context of a sale of Tenant’s business or a financing thereof only, and upon not less than fifteen (15) business days’ prior notice from Tenant, Landlord shall execute and deliver to Tenant a statement addressed to any lender, investor or acquirer of Tenant or prospective lender, lender or acquirer of Tenant, on a commercially reasonable form specified by Tenant, certifying (i) the titles and dates of the documents then comprising the Lease, (ii) the current amounts of and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (ciii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative amount to the PremisesSecurity Deposit then held by Landlord, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If to the best of Landlord’s knowledge without duty of inquiry that Tenant is required not in default under this Lease (or requested to execute more than one estoppel certificate or similar document if Tenant is in any twelve (12) month perioddefault, Landlord shall reimburse Tenant for its legal fees incurred in having specifying the nature of such documents reviewed, up to a total charge of five hundred dollars ($500.00default).

Appears in 1 contract

Samples: Advent Software Inc /De/

Estoppel Certificate. Within ten Tenant shall, within five (105) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises's written request, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writing: (a) certifying written declaration that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification that there are no incurred defaults in Landlord's performance, that this Lease has not been assigned, modified, supplemented or amended (except by such writings as shall be stated); that all conditions under this Lease to be performed by Landlord have been satisfied; that there are no defenses or offsets against the enforcement of this Lease by the Landlord, or stating those claimed by Tenant; the amount of advance rental, if any, (or none if such is the case) paid by Tenant the date to which rental has been paid; and the amount of security deposited with Landlord. Such declaration shall be executed and delivered by Tenant from time to time as may be requested by Landlord. Landlord's mortgage lenders and/or purchasers shall be entitled to rely upon same. Tenant's failure to deliver such declaration within the time permitted hereby shall be conclusive upon Tenant that this Lease is in full force and effect, except to the extent any modification has been represented by the requesting party; (ii) Landlord, and that there are no uncured incurred defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent that not more than one month's rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: Lease (Universal Technical Institute Inc)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days' prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereof); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or any portion of acquiring an interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding. If Tenant is required or requested fails to execute more than one estoppel and deliver any such certificate or similar document within ten days after request, Tenant shall be deemed to have irrevocably appointed Landlord and Landlord's beneficiaries as Tenant's attorneys-in-fact to execute and deliver such certificate in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant's name.

Appears in 1 contract

Samples: Embassy Plaza (Data Transmission Network Corp)

Estoppel Certificate. Within ten (10) business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Estoppel Certificate. Within Tenant agrees, at any time and from time to time, upon not less than ten (10) days after request therefor prior written notice by Landlord, or if on any saleto execute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereofperson designated by Landlord, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect effect, or, if modifiedthere have been modifications specifying the same; (ii) certifying that Tenant has accepted possession of the Premises, and that any improvements required by the terms of this Lease to be made by the Landlord have been completed to the satisfaction of the Tenant or, if not, describing such unsatisfactory improvements; (iii) stating that no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (iv) stating the nature of such modification and address to which notices to Tenant should be sent; (v) certifying that Tenant, as of the date of any such certification, has no charge, lien or claim of set-off under this Lease, as so modifiedor otherwise, is in full force and effectagainst rents or other charges due or to become due hereunder; (bvi) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are stating whether or not, to such partythe best of Tenant’s knowledge, Landlord is in default in the performance of any uncured defaults on the part covenant, agreement or condition contained in this Lease, and, if so, specifying each such default of the requesting party hereunder, or specifying such defaults if they are claimedwhich Tenant may have knowledge; and (dvii) certifying to such containing any other matters, relative to the Premises, this Lease and Tenant, statement as Landlord may reasonably request. Any such statement delivered pursuant to this Section 4.6 may be relied upon by any owner of the Building, any prospective purchaser of the Building, any mortgagee or lender prospective mortgagee of all the Building or of Landlord’s interest, or any portion prospective assignee of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)mortgagee.

Appears in 1 contract

Samples: Lease Agreement

Estoppel Certificate. Within Tenant shall, at any time and from time to time, within ten (10) days after request therefor by written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: (a) certifying , in a form provided by Landlord to Tenant, certifying, among other things, that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent rent and other charges charges, if any, are paid in advanceadvance and the amount of Tenant’s security deposit, if any; (c) , and acknowledging that there are not, to such partyTenant’s knowledge, . any uncured defaults on the part of the requesting party Landlord hereunder, and that there are no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder (or specifying such defaults defaults, events or conditions, if they any are claimed; ). It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any a portion of the Premises or any leasehold interest thereinProject. The Tenant’s failure to deliver such statement within such time shall, at the Landlord’s option be an Event of Default hereunder and shall election, be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, effect without modification (except as may be represented by the requesting party; (ii) Landlord), that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) that no Rent more than one month’s rent has been paid in advance. If Tenant is required or requested shall be liable to execute more than one estoppel certificate or similar document Landlord for any consequential damages suffered by Landlord and occasioned by Tenant’s failure to deliver such certificates in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the manner described above.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver provides such to the requesting party a Tenan(a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which wWch the Rent and other charges are arc paid in advance, if any; (c) , acknowledging that tlit, there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying specif@bg such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Xxxxxxx failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this th@is Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlords performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Samples: Lease Agreement (Third Enterprise Service Group Inc)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereof); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or any portion of acquiring an interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding. If Tenant is required or requested fails to execute more than one estoppel and deliver any such certificate or similar document within ten days after request, Tenant shall be deemed to have irrevocably appointed Landlord and Landlord’s beneficiaries as Tenant’s attorneys-in-fact to execute and deliver such certificate in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant’s name.

Appears in 1 contract

Samples: Office Lease (Telvent Git S A)

Estoppel Certificate. Within Tenant shall at any time and from time to time upon not less than ten (10) business days after request therefor by prior notice from Landlord, or if on any sale, assignment or hypothecation by execute acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereofproposed mortgagee, an estoppel certificate shall be required from Tenantpurchaser or successor in interest, Tenant shall deliver to the requesting party a statement in writingwriting in a form provided by Landlord and acceptable to Tenant certifying to the following: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effect; effect as modified and stating the modifications), (bii) certifying the dates to which the Rent Monthly Rent, additional rent and other charges are have been paid in advance, if any; , (ciii) acknowledging that there are notwhether Landlord is in default in the performance of any covenant, to agreement or condition contained in this Lease and, if so, specifying each such party’s default of which Tenant may have knowledge, any uncured defaults on the part of the requesting party hereunderand stating such other reasonable matters as Landlord may request, or specifying such defaults if they are claimed; and (div) certifying to such other matters, relative to the Premises, information concerning this Lease and Tenant, as Landlord may request. Any Tenant acknowledges that any such statement delivered pursuant to this paragraph may be relied upon by Landlord, any prospective purchaser mortgagee, ground lessor or lender of all other like encumbrance thereof or any portion assignee of any such encumbrance upon the Premises of the Premises or any leasehold interest thereinProject. The failure In the event Tenant fails to deliver provide such statement as above described within ten (10) business days after Landlord's request therefore, followed by five (5) days after a second written notice to Tenant, such time shall, failure at Landlord’s option be an Event the election of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse constitute a material non-curable default of Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)hereunder.

Appears in 1 contract

Samples: Building Lease Sorrento Research Facility (Alexion Pharmaceuticals Inc)

Estoppel Certificate. Within ten (10) Tenant shall from time to time, within 10 business days after written request therefor by from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a certificate affirming that, except as otherwise expressly stated in the Premisescertificate, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (aA) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (bB) to Tenant's actual knowledge, Landlord is not in default hereunder, or if so, specifying each such default of which Tenant may have actual knowledge; (C) Tenant is in possession of the Premises; (D) to Tenant's actual knowledge, Tenant has no off-sets or defenses to the performance of its obligations under this Lease (except as otherwise stated); (E) that the Premises have been completed in accordance with the terms, covenants and conditions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (F) certifying such other matters as Landlord may reasonably request, or as may be requested by Landlord's current or prospective Holders, insurance carriers, auditors, rating agencies, and prospective purchasers. The certificate shall also confirm the dates to which the Rent and other charges are has been paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, advance and the amount of any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestSecurity Deposit. Any such statement The certificate may be relied upon by any Landlord, its Holder(s), insurance carriers, auditors, rating agencies, and prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancepurchasers. If Tenant is required or requested shall fail to timely execute more than one and return an estoppel certificate or similar document in any twelve (12) month periodwhich has been delivered to Tenant, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be deemed to a total charge of five hundred dollars ($500.00)have agreed with the matters originally set forth therein.

Appears in 1 contract

Samples: Lease (Wells Real Estate Fund Xiii L P)

Estoppel Certificate. Within ten (10) days after written request therefor by Landlord, from Landlord or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant the requested party shall execute, acknowledge and deliver to the requesting party a statement in writing: writing (a) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent and any other charges payable by Tenant hereunder are paid in advance, if any; , (cb) acknowledging that there are not, to such party’s 's knowledge, any uncured defaults on the part of the requesting party hereunder, hereunder or specifying such defaults if they any are claimed; , and (dc) certifying to such other mattersin case of a transfer of the requesting party's interest, relative attorning to the Premisestransferee, provided the transferee acknowledges the requested party's rights under this Lease Lease. Each party hereby acknowledges that prospective purchasers, assignees and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion encumbrancers of the Premises (or any leasehold interest thereinof property of Landlord in which the Premises are a part), may incur obligations or extend credit in reliance upon the representations contained in such statement. The requested party's failure to deliver such statement to within such time shall, at Landlord’s option be an Event of Default hereunder said ten (10) day period shall conclusively evidence the requested party's representation and shall be conclusive and binding upon the party upon whom the request is made agreement that: (i) this Lease is in full force and effect, without modification modification, except as may be represented by the requesting partytherein represent; (ii) there are no uncured defaults on the requesting party’s performancein hereunder; and (iii) no Rent Tenant has been not paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document month's rent in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)advance.

Appears in 1 contract

Samples: Supplemental Agreement (Caribou Coffee Company, Inc.)

Estoppel Certificate. 27.1. Within ten (10) days after following request therefor by LandlordLessor from time to time, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate Lessee shall be required from Tenant, Tenant shall execute and deliver to the requesting party Lessor a statement certificate in writing: writing certifying (ai) certifying that this Lease is unmodified and in full force and effect or, an unmodified (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectidentifying the instrument by which such modification arose); (bii) certifying the dates amount of the Base Monthly Rent and Additional Rent payable hereunder and the date to which the Rent rent and other charges are paid in advance, if any; (ciii) acknowledging that there are not, to such party’s Xxxxxx's knowledge, any uncured defaults on the part of Lessor hereunder or events or conditions that with the requesting party hereunderpassage of time, the giving of notice or both would constitute a default (or specifying such defaults if they are claimed; ), and (div) certifying to such other matters, relative to the Premises, matters concerning this Lease and Tenantthe Premises as may be requested. Within ten (10) days following the request of Lessor, as Landlord may requestXxxxxx shall also deliver to Lessor financial statements of Xxxxxx and any guarantor(s) of Lessee, prepared in accordance with generally accepted accounting principles. Any such certificate or financial statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or the Project or any leasehold interest thereinportion thereof. The Lessee's failure to deliver any such certificate or statement within such the required time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Lessee that (i1) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLessor; (ii2) there are no uncured defaults on the requesting party’s in Lessor's performance; and (iii3) no Rent not more than one (1) month's rent has been paid in advance. If Tenant is Lessee hereby appoints Lessor as Xxxxxx's attorney-in-fact for the purpose of executing a certificate on behalf of Xxxxxx setting forth the facts described in the previous sentence if Lessee fails to deliver such certificate within the required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)time.

Appears in 1 contract

Samples: Standard Lease (Intest Corp)

Estoppel Certificate. Within ten (10) days after Tenant shall at any time upon the request therefor by of Landlord, or if on any sale, assignment or hypothecation by Landlord of execute and deliver in recordable form and in substance satisfactory to Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver certifying to the requesting party a statement in writingbest of Tenant’s knowledge and understanding on the date the estoppel certificate is issued: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature date Tenant accepted occupancy of such modification and certifying that this Lease, as so modified, is in full force and effectthe Demised Premises; (b) certifying the dates date to which Rent has been paid; the Rent and other charges are paid in advance, if anyamount of any Security Deposit; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been modified or amended (or if modified or amended, without modification except as may describing the same) and that Tenant is not aware of any defenses or offsets thereto or defaults of Landlord under this Lease (or if any be represented by claimed, describing the requesting partysame); that the Demised Premises have been completed in accordance with the terms and provisions hereof, that Tenant has accepted the Demised Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (ii) there are no uncured defaults on or if Tenant does not believe the requesting party’s performanceDemised Premises have been satisfactorily completed or believes it has any claims against Landlord, a full and complete explanation thereof); and such other matters as Landlord may reasonably request. Tenant’s failure to deliver such certificate within fifteen (iii15) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord days of the demand therefor shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to be a total charge of five hundred dollars ($500.00)default hereunder.

Appears in 1 contract

Samples: Metropolitan Life (KMG America CORP)

Estoppel Certificate. Within ten 910) days after request therefore by Landlord, Tenant shall execute and deliver (in recordable form) a certificate to any proposed mortgagee or purchaser, or to Landlord, together with a true and correct copy of this Lease, certifying (with such exceptions or modifications as may be the case) (i) that this Lease is in full force and effect without modification, (ii) that Landlord has performed all of its obligations due to be performed under this Lease and that there are no defenses, counterclaims, deductions or offsets outstanding or other excuses for Tenant's performance under this Lease, and (iii) any other fact reasonably requested by Landlord or such proposed mortgagee or purchaser. Landlord may present to Tenant a form of such certificate, and Tenant's failure to properly execute and deliver such form of certificate (with such exceptions or modifications noted therein as may be asserted by Tenant in good faith) within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation therefore shall be conclusive upon Tenant as to the truth of all statements contained therein as presented by Landlord of Landlord’s and may be relied on by any person holding or proposing to acquire an interest in the Premises, Premises or any part thereofthereof or this Lease from or through the other party, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect oreffect. Further, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The 's failure to properly execute and deliver such statement form of certificate within such time ten (10) days after request therefore by Landlord shall, at Landlord’s option 's option, be deemed an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) under this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 1 contract

Samples: Lease (DHB Capital Group Inc /De/)

Estoppel Certificate. Within 31.1. Tenant shall from time to time within ten (10) days after request therefor by Landlordprior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing in the form set forth in Exhibit E attached hereto, or such other form as may be customarily required by Landlord's Mortgagee, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder (or specifying such defaults if they are claimed); and (diii) certifying to containing such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestare set forth in such form. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting party’s in Landlord's performance; , and that not more than one (iii1) no month's Rent has been paid in advance. If Failure of Tenant is required or requested to so deliver such statement shall be a material default hereunder. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute more than one estoppel certificate or similar document and deliver such statement to any third party in any twelve (12) month period, Landlord shall reimburse the name and on behalf of Tenant for its legal fees incurred in having such documents reviewed, up if Tenant fails to a total charge of five hundred dollars ($500.00)comply with the foregoing.

Appears in 1 contract

Samples: Agreement (Isocor)

Estoppel Certificate. Within Tenant shall at any time and from time to time, upon not less than ten (10) business days after request therefor by prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord or to other parties as Landlord may direct, a statement in writing: , (a) certifying that this Lease Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease Agreement as so modified, modified is in full force and effect; (b) certifying ), the dates date to which the Rent rental and other charges are paid in advance, if any; and the amount of the Base Rental, Estimated Operating Expense Adjustment, and the commencement and termination dates of the Lease Agreement, and (cb) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Leased Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease Agreement is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent not more than one month's Base Rental, or Estimated Operating Expense Adjustment installment, has been paid in advance. If Landlord desires to finance or refinance the Project, or any part thereof, Tenant is required or requested agrees to execute more than one estoppel certificate or similar document in deliver to any twelve (12) month period, lender designated by Landlord shall reimburse such financial statements of Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)as Tenant make publicly available.

Appears in 1 contract

Samples: Lease Agreement (Flow International Corp)

Estoppel Certificate. Within Lessee shall, at any time upon not less than ten (10) days after request therefor by Landlordprior written notice from Lessor, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cb) acknowledging that there are not, to such partyXxxxxx’s knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they there are claimedsuch claims; and, (c) acknowledging and (d) certifying to such other matters, relative to the Premises, and further facts in connection with this Lease and Tenant, as Landlord may requestbe reasonably requested by Lessor or a prospective purchaser or lender of the Premises or any part thereof. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Lessee’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Lessee (ia) that this Lease is in full force and effect, without modification except as may be represented by the requesting partyLessor; (iib) that there are no uncured defaults on the requesting partyin Lessor’s performance; and and, (iiic) no that not more than an amount equal to one (1) month’s Base Rent has been paid in advance. If Tenant is Lessor desires to finance, refinance or sell its interest in the real property in which the Premises are located, or any part thereof, then Xxxxxx agrees to deliver to any lender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or requested to execute more than one estoppel certificate or similar document purchaser. All such financial statements shall be received by Lessor in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purpose herein set forth.

Appears in 1 contract

Samples: Ground Lease Agreement

Estoppel Certificate. Within Section 28.01. At any time and from time to time, but in no event on less than ten (10) days after prior written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute, acknowledge and deliver to the requesting party Landlord, promptly upon request, a statement in writingcertificate certifying: (a) certifying that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and specifying the reasons therefor); (b) the commencement and expiration dates of this Lease; (c) whether there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying the same); (d) that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification as modified, and stating the date and nature of each modification); (e) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (f) the date, if any, to which rent and other sums payable hereunder have been paid; (g) that no notice has been received by Tenant of any default which has not been cured, except as to defaults specified in the certificate; (h) the amount of any security deposit and prepaid rent; and (i) such other matters as may be represented reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or beneficiary under any deed of trust affecting the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding or any part thereof. If Tenant is required or requested fails to deliver the executed certificate within ten (10) days after receipt thereof by Tenant, Tenant irrevocably constitutes and appoints Landlord as its special attorney in fact to execute more than one estoppel and deliver the certificate or similar document in to any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)third party.

Appears in 1 contract

Samples: Magma Design Automation Inc

Estoppel Certificate. Within ten (10) days after request therefor by Tenant shall, at any time and from time to time, upon not less than 10 business days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest a written statement substantially in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: form of Exhibit "D" certifying (ai) certifying that this Lease represents the entire agreement between Landlord and Tenant, and is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; ), (bii) certifying the dates to which the Rent and other charges are paid in advance, if any; (ciii) acknowledging the Commencement Date and expiration date of the Lease Term, (iv) whether Tenant has assigned or transferred this Lease or any interest of Tenant therein; and,(v) that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunderLandlord hereunder and that Tenant has no right of offset, counterclaim or deduction against Rent, or specifying such defaults if they any are claimed; and (d) certifying to such other mattersclaimed together with the amount of any offset, relative to the Premises, this Lease and counterclaim or deduction alleged by Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion upon the security of the real property of which the Building and the Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such the time shall, at Landlord’s option be an Event of Default hereunder and required shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (iib) there are no uncured defaults on the requesting party’s performance; in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against Rent, and (iiic) no more than one month's Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: United Panam Financial Corp

Estoppel Certificate. Within Tenant agrees, at any time, and Mom time to time, upon not less than ten (10) days after request therefor days' prior notice by Landlord, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord, a statement in writing: (a) writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect (or, without modification except if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party in the performance of any covenant, agreement, term, provision or condition contained in this Lease, and, if so, specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by the Tenant, it being intended that any such statement delivered pursuant hereto may be represented relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Premises.

Appears in 1 contract

Samples: Lease Agreement (Avax Technologies Inc)

Estoppel Certificate. Within Upon not less than ten (10) days after business -------------------- days' prior written request therefor by Landlord, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing, in such form as Landlord may provide from time to time, certifying all or any of the following: (a) certifying that this Lease is unmodified and in full force and effect and that Tenant has no defenses, offsets or counterclaims against its obligations to pay the Fixed Rent and Additional Rent and any other charges and to perform its other covenants under this Lease (or, if modifiedthere have been any modifications, stating that the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effect; (b) certifying effect as modified and stating the modifications and, if there are any defenses, offsets or counterclaims, setting them forth in reasonable detail), and the dates to which the Fixed Rent and Additional Rent and other charges are paid have been paid, whether or not Landlord is in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, default in performance of any uncured defaults on the part of the requesting party hereunderterms of this Lease, or specifying and such defaults if they are claimed; and (d) certifying to such other matters, relative further information with respect to the Premises, this Lease and Tenant, or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.1o may be relied upon by any prospective purchaser or lender mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably required by Landlord to be provided to any mortgagee or prospective purchaser of the Premises. Upon not less than ten (10) business days' prior written request by Tenant, Landlord shall execute a similar certificate that may be relied upon by any transferee of all or any a portion of the Premises or Tenant's leasehold including any leasehold interest therein. The failure to deliver such statement within such time shallentity acquiring Tenant, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant's financings.

Appears in 1 contract

Samples: Wells Real Estate Investment Trust Inc

Estoppel Certificate. Within five (5) days after Tenant opens for business or at anytime within ten (10) days after written request therefor by Landlord, or if on Landlord in the event that an estoppel certificate is required from Tenant upon any sale, assignment or hypothecation of the Premises or the land thereunder by Landlord of Landlord’s interest or for any other reason, Txxxxx agrees to deliver in the Premises, or any part thereof, recordable form an estoppel certificate shall be required from Tenant, Tenant shall deliver addressed to the requesting party a statement in writing: (a) any such proposed mortgagee or purchaser or to Landlord certifying that (i) this Lease is unmodified and in full force and effect, or is in full force and effect or, as modified and stating the modifications; (ii) the amount of Minimum Monthly Rent and the date to which Minimum Monthly Rent and other monetary obligations hereunder have been paid in advance; (iii) the amount of any security deposited with Landlord; (iv) the Landlord is not in default hereunder or if modifiedLandlord is claimed to be in default, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectany claimed default; (bv) certifying the dates to which the Rent surface and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part subsurface soil and water of the requesting party hereunder, Premises have not been contaminated by “hazardous wastes or specifying such defaults if they are claimedsubstances”; and (dvi) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (ia) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (iib) there are that no uncured defaults on the requesting partymore than one (1) month’s performance; and (iii) no Minimum Monthly Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve , (12c) month period, that the amount of the security deposited with Landlord shall reimburse Tenant for its legal fees incurred be as represented by landlord, and (d) that there are no uncured defaults in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Landlord’s performance.

Appears in 1 contract

Samples: Center Triple Net Lease (Bank of Commerce Holdings)

Estoppel Certificate. Within ten Landlord and Tenant shall at any time, upon not less than fifteen (1015) days after request therefor the giving of written notice by Landlordthe other party, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party or to such person designated by the requesting party, a statement in writing: writing (a) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such the best of the certifying party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying specify such defaults if they are claimed; , (c) acknowledging that there are no offsets, counterclaims or defenses to the obligations of the certifying party under the Lease, and (d) certifying as to such any other matters, relative to matters as may be reasonably requested by the Premises, this Lease and Tenant, as Landlord may requestrequesting party. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The failure If the certifying party does not execute, acknowledge and deliver the statement referred to deliver such statement in this Section within such time shallset forth above, at Landlord’s option be an Event of Default hereunder and the information set forth therein shall be conclusive deemed true and binding upon the party upon whom correct. Requests for an estoppel certificate under this Section shall be limited to two (2) times each Lease Year, except in connection with any bona fide sale or financing transactions. Upon the request is made that: (i) this Lease is in full force of either party, the other party shall execute and effect, without modification except deliver to requesting party written confirmation as may be represented by to the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Digitiliti Inc)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereat); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or acquiring an interest in the Building. If Tenant fails to execute and deliver any portion of such certificate within ten days after request, such event shall be considered a Default under this Lease, or at Landlord’s option, the Premises or any leasehold interest therein. The failure to deliver such statement instruments within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, there are no uncured defaults on the requesting partyby or defenses or claims against Landlord and that not more than one (1) month’s performance; and (iii) no Rent has been paid in advance. If advance and Tenant is required shall be estopped from asserting any defaults, defenses or requested claims known to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)it at that time.

Appears in 1 contract

Samples: Office Lease (New World Technologies, Inc.)

Estoppel Certificate. Within Either party shall, at any time upon not less than ten (10) days after request therefor by Landlordprior written notice from the other party (the "requesting party"), or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting other party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such the other party’s 's knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; , and (diii) certifying to containing any other certifications, acknowledgments and representations as may be reasonably requested by the requesting party or the party for whose benefit such other matters, relative to estoppel certificate is requested by the Premises, this Lease and Tenant, as Landlord may requestrequesting party or the party for whose benefit such estoppel certificate is requested. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrances of the Premises Property or any Tenant's leasehold interest estate therein. The A party's failure to deliver such statement within such said time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the said party upon whom the request is made that: (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; , (ii) that there are no uncured defaults on in the requesting party’s 's performance; and , (iii) no Rent that not more than an amount equal to one (1) month's rent has been paid in advance, and (iv) that such additional certifications, acknowledgments and representations as are requested under clause (iii) of the preceding sentence are valid, true and correct as shall be represented by the requesting party. If Landlord desires to finance or refinance the Property, Tenant is hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required or requested to execute more than one estoppel certificate or similar document by such lender, and all such financial statements shall be received by Landlord in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purpose herein set forth.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

Estoppel Certificate. Within The Tenant shall, at any time upon not less than ten (10) days after request therefor by Landlorddays’ prior written notice from the Owner, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Owner a statement in writing: writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; (cb) acknowledging that there are not, to such partythe Tenant’s knowledge, any uncured defaults on the part of the requesting party Owner hereunder, or specifying such defaults if they are claimed; , and (dc) certifying to containing any other certifications, acknowledgments and representations as may be reasonably requested by the Owner or the party for whose benefit such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestestoppel certificate is requested. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinthe Real Property. The Tenant’s failure to deliver such statement within such said time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Owner, (ii) that there are no uncured defaults on in the requesting partyOwner’s performance; and , (iii) no that not more than an amount equal to one (1) month’s installment of the Annual Base Rent has been paid in advance, and (iv) that such additional certifications, acknowledgments and representations as are requested under subsection (c) hereof, are valid, true and correct as shall be represented by the Owner. If the Owner desires to finance or refinance the Premises, the Tenant is hereby agrees to deliver to any lender designated by the Owner such financial statements of the Tenant as may be reasonably required or requested to execute more than one estoppel certificate or similar document by such lender. All such financial statements shall be received by the Owner in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purpose herein set forth.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit H, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, {A0622646.2 } 26 any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month periodcertificate prepared by Landlord and delivered to Tenant for execution. Upon request, Landlord shall reimburse execute such instruments as may be reasonably requested by vendor or lender of Tenant for its legal fees incurred in having such documents reviewedrelating to the leasing or financing of Tenant’s equipment, up to a total charge of five hundred dollars ($500.00)furnishings, trade fixtures and other personal property.

Appears in 1 contract

Samples: Lease (Selecta Biosciences Inc)

Estoppel Certificate. Within ten Landlord and Tenant each agrees that it will, within twenty (1020) business days after request therefor following written notice by Landlordthe other party hereto specifying that it is given pursuant to this provision, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesacknowledge and deliver, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party who gave such notice, a statement statement, in writing, certifying: (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effecteffect as modified, and stating the modifications); (b) certifying the dates to which the Rent rent and any other charges are payments due hereunder from Tenant have been paid in advance, if any; (c) acknowledging that there are stating whether or not, to such party’s knowledge, any uncured defaults on the part best of knowledge of the requesting signer of such certificate, the other party hereunderis in default in performance of any covenant, agreement or condition contained in this Lease, and, if so, specifying each such defaults if they are claimed; default of which the signer may have knowledge. The failure of either party to execute, acknowledge and (d) certifying to such other matters, relative deliver to the Premisesother a statement in accordance with the foregoing provisions within the twenty (20) day period shall constitute an acknowledgment by the party given such notice, this Lease and Tenant, as Landlord may request. Any such statement which may be relied upon on by any prospective purchaser person holding or lender of all proposing to acquire an interest in Technology Park II or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallthis Lease from or through the other party, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (ia) this Lease is unmodified and in full force and effect, without modification except as may be represented by the requesting party; (iib) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent rent has been paid in advanceduly and fully paid, to and including, the respective due dates immediately preceding the date of such notice. If Tenant is required or requested It shall further constitute, as to execute any person entitled as aforesaid to rely upon such statements, a waiver of any default which may exist prior to the date of such notice. The Landlord also agrees to provide Tenant’s mortgagee an estoppel certificate, as described above, upon written request by such mortgagee. Such request shall not be made more than one estoppel certificate or similar document in any twelve (12) month period, once a year and Landlord shall reimburse Tenant for its legal fees incurred in having have ten (10) business days following the written request to submit such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Samples: Ground Lease (Alien Technology Corp)

Estoppel Certificate. Within ten Tenant further agrees at any time and from time to -------------------- time on or before TEN (10) (6) days after written request therefor by Landlord, or if on any saleto execute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver certifying (to the requesting party a statement in writing: (aextent it believes the same to be true) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; effect as modified, and stating the modifications), that there have been no defaults thereunder by Landlord or Tenant (b) certifying or if there have been defaults, setting forth the dates nature thereof), the date to which the Rent rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that there are not, to such party’s knowledgethe amount of any security deposit, any uncured defaults on the part Commencement Date and Termination Date of the requesting party hereunderterm, whether or specifying such defaults if they are claimed; and (d) certifying not Tenant has any options to such other matters, relative to extend the term or expand the Premises, this Lease that Tenant claims no present charge, lien, claim or offset against rent, the rent is not prepaid for more than one month in advance and Tenantsuch other matters as may be reasonably required by Landlord, as Landlord may requestLandlord's. Any mortgagee, or any potential purchaser of the Building, it being intended that any such statement delivered pursuant to this Paragraph may be relied upon by any prospective purchaser or lender of all or any portion of Landlord's interest herein, or a current or future holder of any mortgage or deed of trust encumbering any portion of the Premises or any leasehold interest thereinBuilding Complex. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) a default under this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 1 contract

Samples: Office Building Lease (Colorado Business Bankshares Inc)

Estoppel Certificate. Within ten Tenant and Owner shall, at any time within thirty (1030) days days' after request therefor delivery of written notice by Landlordthe other party, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such the knowledge of the responding party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; , and (diii) certifying to containing any other certifications, acknowledgments and representations as may be reasonably requested by Owner or Tenant or the party for whose benefit such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestestoppel certificate is requested. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of encumbrance for the Premises or the Building may conclusively rely upon any leasehold interest thereinsuch statement. The failure Failure to deliver such statement within such said time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; modification, (iib) there are no uncured defaults on in the requesting party’s 's performance; and , (iiic) no that not more than an amount equal to one (1) month's installment of the Annual Base Rent has been paid in advance, and (d) that such additional certifications, acknowledgments and representations as are requested under subsection (iii), hereof, are valid, true and correct. If Owner desires to finance or refinance the Premises, Tenant is required hereby agrees to deliver to any lender designated by Owner such financial statements of Tenant as are publicly filed, or requested to execute more than one estoppel certificate or similar document in any twelve (12) month periodif Tenant does not publicly file financial statements, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having deliver such documents reviewed, up to a total charge of five hundred dollars ($500.00).financial

Appears in 1 contract

Samples: Office Lease Agreement (Micron Electronics Inc)

Estoppel Certificate. Within Upon not less than ten (10) days after request therefor by prior written notice from Landlord, Tenant shall execute and deliver to Landlord, or if on any saleLandlord's designee, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a written statement in writing: certifying (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (b) certifying the dates amount of the minimum monthly rent then in effect, the current Operating Expense which Tenant is paying, and the date to which the Rent rent and other charges are Operating Expense have been paid in advance; (c) the amount of any security deposited with Landlord; (d) the Commencement Date, the Expiration Date of the Term, and the number and duration of option periods, if any; (ce) acknowledging that whether or not there are not, to such party’s knowledge, then existing any uncured defaults on defenses against the part enforcement of any of the requesting party hereunderobligations of Tenant under this Lease (and, if so, specifying same); (f) whether or not Landlord is in default hereunder (and, if so, specifying such defaults if they are claimedsame); and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented reasonably requested by the requesting party; (ii) there are no uncured defaults Landlord. Any prospective purchaser, ground lessor, lender, or other interested party shall be entitled to rely on the requesting party’s performancetruth of all of the matters contained in Tenant's statement. Failure to comply with the Section shall be a material breach of this Lease by Tenant; and (iii) no Rent has been paid in advance. If Tenant is required or requested addition to execute more than one estoppel certificate or similar document in any twelve (12) month periodall of Landlord's other rights and remedies hereunder, Landlord shall reimburse have the right to collect from Tenant for its legal fees incurred in having such documents reviewedall damages caused by the loss of a loan, up sale, or other transaction which may result from Tenant's failure to a total charge of five hundred dollars ($500.00)comply with this Section 37.

Appears in 1 contract

Samples: www.cityofberkeley.info

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within not less than five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Samples: Basic Lease (Ameriquest Technologies Inc)

Estoppel Certificate. Within Tenant shall from time to time, within ten (10) days after written request therefor by from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a certificate affirming that, except as otherwise expressly stated in the Premisescertificate, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (aA) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (bB) to Tenant's knowledge, Landlord is not in default hereunder; (C) Tenant is in possession of the Premises; (D) Tenant has no off-sets or defenses to the performance of its obligations under this Lease; (E) that the Premises have been completed in accordance with the terms, covenants and conditions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (F) certifying such other matters as Landlord may reasonably request, or as may be requested by Landlord's current or prospective Holders, insurance carriers, auditors, rating agencies, and prospective purchasers. The certificate shall also confirm the dates to which the Rent and other charges are has been paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, advance and the amount of any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestSecurity Deposit. Any such statement The certificate may be relied upon by any Landlord, its Holder(s), insurance carriers, auditors, rating agencies, and prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancepurchasers. If Tenant is required or requested shall fail to timely execute more than one and return an estoppel certificate or similar document in any twelve (12) month periodwhich has been delivered to Tenant, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be deemed to a total charge of five hundred dollars ($500.00)have agreed with the matters originally set forth therein.

Appears in 1 contract

Samples: Office Lease

Estoppel Certificate. Within (a) Lessee shall at any time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Lessor execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The (b) at Lessor's option, Lessee's failure to deliver such statement within such time shall, at Landlord’s option shall be an Event a material breach of Default hereunder and this Lease or shall be conclusive and binding upon the party upon whom the request is made that: Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii) that there are no uncured defaults on the requesting party’s in Lessor's performance; , and (iii) no Rent that not more than one month's rent has been paid in advanceadvance or such failure may be considered by Lessor as a default by lessee under this Lease. (c) If Tenant is Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or requested to execute more than one estoppel certificate purchaser. Such statements shall include the past three years' financial statements of Lessee. All such financial statements shall be received by lessor and such lender or similar document purchaser in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).the purposes herein set forth. /s/ T.D. /s/ R.M. /s/ B.B. /s/ N.T.

Appears in 1 contract

Samples: Industrial Lease (Newstar Media Inc)

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