Common use of Estoppel Certificates and Financial Statements Clause in Contracts

Estoppel Certificates and Financial Statements. Tenant shall within ---------------------------------------------- seven (7) days following request by Landlord: (a) execute and deliver to Landlord any documents, including estoppel certificates, in the form presented to Tenant by Landlord (1) certifying that this Lease has not been modified or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (2) stating the date to which the rent and other charges are paid in advance, if at all; (3) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults; and (4) evidencing the status of this Lease as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the Premises or a purchaser of the Premises from Landlord; and (b) deliver to Landlord the current financial statements of Tenant including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all prepared in accordance with generally accepted accounting principles consistently applied. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request shall be an Event of Default under this Lease.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant shall agrees, within ---------------------------------------------- seven ten (710) business days following after any request by Landlord: (a) , promptly to execute and deliver to Landlord any documentsan estoppel certificate, including estoppel certificates, in the form presented to Tenant by Landlord (1i) certifying that this Lease has not been modified oris 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; , (2ii) stating the date to which the rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that there are not, to Tenant's ’s knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlorddefaults, stating the nature of such uncured defaults; , and (4iv) evidencing certifying such other information about the status of this Lease as may be reasonably required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the Premises or a purchaser of the Premises from Landlord; and (b) deliver to Landlord the current financial statements of Tenant including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all prepared in accordance with generally accepted accounting principles consistently applied. Tenant's ’s failure to deliver any such documents, including an estoppel certificate, or any such financial statements certificate within seven ten (710) days following such after delivery of Landlord’s request therefore shall be an Event a conclusive admission by Tenant that, as of Default under the date of the request for such statement, (v) this LeaseLease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (vi) to Tenant’s knowledge, there are no uncured defaults in Landlord’s performance, and (vii) no rent has been paid more than thirty (30) days in advance. At any time during the Lease Term but solely in connection with any sale or financing of the Project, Tenant shall, upon ten (10) business days’ prior written notice from Landlord, provide Tenant’s or Tenant’s parent company’s most recent financial information that is publicly available of otherwise generally provided by Tenant to its creditors to any Lender or to any buyer of Landlord’s interest in the Premises.

Estoppel Certificates and Financial Statements. Tenant shall within ---------------------------------------------- seven (7) days agrees, following any request by Landlord: , to promptly (aand in no event greater than ten (10) calendar days) execute and deliver to Landlord any documents, including an estoppel certificates, in the form presented to Tenant by certificate upon which Landlord and others it designates may rely (1a) certifying that this Lease has not been modified 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; , (2b) stating the date to which the rent and other charges are paid in advance, if at all; any, (3c) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults; defaults and (4d) evidencing the status of certifying such other information about this Lease as may be reasonably required either by Landlord. Tenant's failure to deliver an estoppel certificate within ten (10) days after delivery of Landlord's request therefore shall be a lender making a loan conclusive admission by Tenant that, all matters so requested by Landlord are true and accurate. At any time during the Lease Term, Tenant shall, upon ten (10) days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the twenty-four (24) months prior to Landlord the date of such most recent financial statement to be secured by a deed of trust any existing Lender or mortgage encumbering the Premises to any potential Lender or a purchaser buyer of the Premises from Landlord; and (b) deliver to Landlord the current financial Property. Such statements of Tenant including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all shall be prepared in accordance with generally accepted accounting principles consistently applied. and, if such is the normal practice of Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request shall be audited by an Event of Default under this Leaseindependent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant shall within ---------------------------------------------- seven (7) days agrees, following any request by Landlord: (a) , promptly to execute and deliver to Landlord any documents, including within 15 days following delivery of such request an estoppel certificates, in the form presented to Tenant by Landlord certificate: (1i) certifying that this Lease has not been modified 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; , (2ii) stating the date to which the rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that there are not, to Tenant's ’s knowledge, any uncured defaults on the part of Landlord hereunderany party hereunder or, or if there are uncured defaults on the part of Landlorddefaults, stating specifying the nature of such uncured defaults; , and (4iv) evidencing certifying such other information about the status of this Lease as may be reasonably required either by Landlord. A failure to deliver an estoppel certificate within 15 days after delivery of a lender making request therefor shall be a loan to Landlord to be secured by a deed of trust or mortgage encumbering the Premises or a purchaser conclusive admission that, as of the Premises date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days’ prior written notice from Landlord; , provide Tenant’s most recent financial statement and (b) deliver to Landlord the current financial statements covering the 24 month period prior to the date of Tenant including a balance sheet and profit and loss such most recent financial statement for to any existing Lender or to any potential Lender or buyer of the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all Premises. Such statements shall be prepared in accordance with generally accepted accounting principles consistently applied. and, if such is the normal practice of Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request shall be audited by an Event of Default under this Leaseindependent certified public accountant. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant shall within ---------------------------------------------- seven (7) days agrees, following any request by Landlord: (a) , to promptly execute and deliver to Landlord any documentsan estoppel certificate, including estoppel certificates, in the form presented to Tenant by Landlord (1i) certifying that this Lease has not been modified oris 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; , (2ii) stating the date to which the rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlorddefaults, stating the nature of such uncured defaults; and (4iv) evidencing certifying such other information about the status of this Lease as may be reasonably required either by Landlord. Tenant's failure to deliver an estoppel certificate within ten (10) days after delivery of Landlord's request therefore shall be a lender making a loan to Landlord to be secured conclusive admission by a deed of trust or mortgage encumbering the Premises or a purchaser Tenant that, as of the Premises date of the request for such statement, (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord's performance, and (iii) no rent has been paid in advance. At any time during the Lease Term, Tenant shall, upon ten (10) days' prior written notice from Landlord; , provide Tenant's most recent financial statement and (b) deliver to Landlord the current financial statements covering the twenty-four (24) month period prior to the date of Tenant including a balance sheet and profit and loss such most recent financial statement for to any existing Lender or to any potential Lender or buyer of the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all Property. Such statements shall be prepared in accordance with generally accepted accounting principles consistently applied. Tenant's failure to deliver any and, if such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request is the normal practice of Tenant shall be audited by an Event of Default under this Leaseindependent certified public accountant.

Estoppel Certificates and Financial Statements. Tenant shall within ---------------------------------------------- seven (7) days agrees, following any request by Landlord: (a) , to promptly execute and deliver to Landlord any documents, including an estoppel certificates, in the form presented to Tenant by certificate upon which Landlord and others it designates may rely (1i) certifying that this Lease has not been modified 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; , (2ii) stating the date to which the rent Rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults; defaults and (4iv) evidencing the status of certifying such other information about this Lease as may be reasonably required either by Landlord. Tenant's failure to deliver an estoppel certificate within ten (10 days after delivery of Landlord's request therefor shall be a lender making a loan to Landlord to be secured conclusive admission by a deed of trust or mortgage encumbering the Premises or a purchaser Tenant that, as of the Premises day of the request for such statement, (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord's performance, and (iii) no Rent has been paid in advance. At any time during the Lease Term, Tenant shall, upon ten (10) days' prior written notice from Landlord; , provide Tenant's most recent financial statement and (b) deliver to Landlord the current financial statements covering the twenty-four (24) months prior to the date of Tenant including a balance sheet and profit and loss such most recent financial statement for to any existing Lender or to any potential Lender or buyer of the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all Property. Such statement shall be prepared in accordance with generally accepted accounting principles consistently applied. and, if such is the normal practice of Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request shall be audited by an Event of Default under this Leaseindependent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant shall within ---------------------------------------------- seven (7) days agrees, following any request by Landlord: (a) , to execute and deliver to Landlord any documents, including within ten (10) days following delivery of such request an estoppel certificates, in the form presented to Tenant by Landlord certificate: (1i) certifying that this Lease has not been modified 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; , (2ii) stating the date to which the rent Rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that there are not, to Tenant's knowledge, not any uncured defaults on the part of Landlord hereunderany party hereunder or, or if there are uncured defaults on the part of Landlorddefaults, stating specifying the nature of such uncured defaults; , and (4iv) evidencing certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. At any time during the Lease as may be required either by a lender making a loan Term Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to Landlord the date of such most recent financial statement to be secured by a deed of trust any existing Lender or mortgage encumbering the Premises to any potential Lender or a purchaser buyer of the Premises from Landlord; and (b) deliver to Landlord the current financial Premises. Such statements of Tenant including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all shall be prepared in accordance with generally accepted accounting principles consistently applied. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request and shall be certified by Tenant’s chief financial officer as true and correct in all material respects or, if such is the normal practice of Tenant, shall be audited by an Event of Default under this Leaseindependent certified public accountant. ARIDIS PHARMACEUTICALS, INC.

Estoppel Certificates and Financial Statements. Tenant shall within ---------------------------------------------- seven fifteen (715) days following request by Landlord: (a) execute and deliver to Landlord any documents, including estoppel certificates, in the form presented to Tenant by Landlord (1) certifying that this Lease has not been modified and is 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; , (2) stating the date to which the rent and other charges are paid in advance, if at all; , (3) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults; , and (4) evidencing the status of this Lease as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the Premises premises or a purchaser of the Premises premises from Landlord; and (b) deliver to Landlord the current financial statements of Tenant with an opinion of a certified public accountant, if available at no additional cost to Tenant, including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available)) at no additional cost to Tenant, all prepared in accordance with generally accepted accounting principles consistently applied. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven fifteen (715) days following such request shall be an Event of Default under this Lease.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, Tenant shall within ---------------------------------------------- seven (7) days agrees, following any request by Landlord: (a) , to execute and deliver to Landlord any documents, including within ten (10) days following delivery of such request an estoppel certificates, in the form presented to Tenant by Landlord certificate: (1i) certifying that this Lease has not been modified 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; , (2ii) stating the date to which the rent Rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that there are not, to Tenant's knowledge, not any uncured defaults on the part of Landlord hereunderany party hereunder or, or if there are uncured defaults on the part of Landlorddefaults, stating specifying the nature of such uncured defaults; , and (4iv) evidencing certifying such other information about the status of the Lease and the Premises as may be required by Landlord. A failure to deliver an estoppel certificate within ten (10) days after delivery of a request therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in Landlord’s performance, (iii) no rent has been paid more than thirty (30) days in advance, and (iv) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. At any time during the Lease as may be required either by a lender making a loan Term Tenant shall, upon ten (10) days’ prior written notice from landlord, provide Tenant’s most recent financial statement and financial statements covering the twenty-four (24) month period prior to Landlord the date of such most recent financial statement to be secured by a deed of trust any existing Lender or mortgage encumbering the Premises to any potential Lender or a purchaser buyer of the Premises from Landlord; and (b) deliver to Landlord the current financial Premises. Such statements of Tenant including a balance sheet and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), all shall be prepared in accordance with generally accepted accounting principles consistently applied. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such financial statements within seven (7) days following such request and shall be certified by Tenant’s chief financial officer as true and correct in all material respects or, if such is the normal practice of Tenant, shall be audited by an Event of Default under this Leaseindependent certified public accountant.

Estoppel Certificates and Financial Statements. Tenant shall within ---------------------------------------------- seven (7) days At all times during the Lease Term, Xxxxxx agrees, following any request by Landlord: (a) , to execute and deliver to Landlord any documents, including within fifteen (15) days following delivery of the request for an estoppel certificates, in the form presented to Tenant by Landlord certificate: (1i) certifying that this Lease has not been modified 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; , (2ii) stating the date to which the rent Rent and other charges are paid in advance, if at all; any, (3iii) acknowledging that to Tenant’s knowledge there are not, to Tenant's knowledge, not any uncured defaults on the part of Landlord hereunderany party hereunder or, or if there are uncured defaults on the part of Landlorddefaults, stating specifying the nature of such uncured defaults; , and (4iv) evidencing certifying such other information about the status of the Lease and the Premises as may be reasonably required by Landlord. A failure to deliver an estoppel certificate within fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (a) this Lease is unmodified except as may be represented by Landlord in said request and is in full force and effect, (b) there are no uncured defaults in Landlord’s performance, (c) no rent has been paid more than thirty (30) days in advance, and (d) the information regarding the status of this Lease, as represented by Landlord in said request, is true and correct. At any time during the Lease as may be required either by Term Tenant shall, within fifteen (15) days’ after demand therefor made in connection with a lender making a loan to Landlord to be secured by a deed of trust proposed sale or mortgage encumbering the Premises or a purchaser refinancing of the Premises from Landlord; Building, provide, to the extent the same exist, Tenant’s most recent financial statement and (b) deliver to Landlord the current financial statements covering the twenty-four (24) month period prior to the date of Tenant including a balance sheet such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. If not audited by an independent certified public accountant, such statements shall be certified by Xxxxxx’s chief financial officer as true and profit and loss statement for the then current fiscal year, and the two (2) immediately prior fiscal years (if available), correct in all prepared in accordance with generally accepted accounting principles consistently appliedmaterial respects. Tenant's failure to deliver any such documents, including an estoppel certificate, or any such Such financial statements within seven (7) days following such request shall be an Event of Default under this Leasedelivered subject to the same confidentiality obligations as are set forth in Section 15.1.