Common use of Estoppel Statement Clause in Contracts

Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) furnish Lender with a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (A) the original principal amount of the Note, (B) the unpaid principal amount of the Loan, (C) the Interest Rate of the Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the Debt, if any, and (F) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ii) with respect to any Senior Mezzanine Loan, setting forth (A) the original principal amount of the applicable Senior Mezzanine Loan, (B) the unpaid principal amount of the Senior Mezzanine Loan, (C) the interest rate of the Senior Mezzanine Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After request by LenderLender or Servicer, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year Fiscal Year of Borrower) furnish to Lender with or Servicer, as applicable, a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (AA)(i) the original principal amount of the NoteLoan, (Bii) the unpaid principal amount of the Loan, (Ciii) the Interest Rate of the Loan, (Div) the date installments of interest and/or principal were last paid, (Ev) any offsets or defenses to the payment of the Debt, if any, and (Fvi) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, and (iiB) with respect to any the Mortgage Loan or Senior Mezzanine Loan, setting forth (Ai) the original principal amount of the applicable Mortgage Loan or Senior Mezzanine Loan, (Bii) the unpaid principal amount of the Mortgage Loan or Senior Mezzanine Loan, (Ciii) the interest rate of the Mortgage Loan or Senior Mezzanine Loan, (Div) the date installments of interest and/or principal were last paid, (Ev) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (Fvi) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments Senior Mezzanine Note, the Senior Mezzanine Loan Agreement, the other Senior Mezzanine Loan Documents and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After written request by Lender, but not more than twice in any calendar year (unless requested in connection with a Securitization), Borrower shall within ten fifteen (1015) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) days furnish Lender with a statement, duly acknowledged and certified, certified (i1) with respect to the Loan, setting forth (A) the original principal amount of the Note, (B) the unpaid principal amount of the LoanNote, (C) the Applicable Interest Rate of the LoanNote, (D) the date installments of interest and/or principal were last paid, (E) any then known offsets or defenses to the payment of the DebtDebt or the payment of the other obligations under the Loan Documents, if any, and (F) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, modification and (ii2) with respect to any the Senior Mezzanine Loan, setting forth (A) the original principal amount of the applicable Senior Mezzanine LoanNote, (B) the unpaid principal amount of the Senior Mezzanine LoanNote, (C) the interest rate of the Senior Mezzanine LoanNote, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debtdebt evidenced by the Senior Mezzanine Note, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement, the Senior Mezzanine Pledge Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii3) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage LoanNote, (B) the unpaid principal amount of the Mortgage LoanNote, (C) the interest rate of the Mortgage LoanNote, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments Mortgages and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After request by Lender, Borrower shall Borrower, within ten (10) Business Days (butDays, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) with respect to the Loan, setting forth (A) amount of the original principal amount of the Note, (Bii) the unpaid principal amount of the LoanNote, (Ciii) the Applicable Interest Rate of the LoanRate, (Div) the Maturity Date, (v) the date installments of interest and/or principal were last paid, (Evi) any offsets that, except as provided in such statement, to Borrower’s Actual Knowledge, there are no defaults or defenses to events which with the payment passage of time or the Debtgiving of notice or both, if anywould constitute an Event of Default, and (Fvii) that this Agreement, the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or or, if modified, giving particulars of such modification, (iiviii) with respect whether, to any Senior Mezzanine LoanBorrower’s Actual Knowledge, setting forth (A) the original principal amount of the applicable Senior Mezzanine Loan, (B) the unpaid principal amount of the Senior Mezzanine Loan, (C) the interest rate of the Senior Mezzanine Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses exist against the obligations secured by the Pledge Agreement and, if any are alleged to the payment exist, a detailed description thereof, (ix) to Borrower’s Actual Knowledge after due inquiry of the debtManager, if any, all Leases are in full force and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations effect and have not been modified (or if modified, giving particulars of such modification and setting forth all modifications), (iiix) with respect the date to which the Rents thereunder have been paid pursuant to the Mortgage LoanLeases, (xi) whether or not, to Borrower’s Actual Knowledge after due inquiry of the Manager, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (Axii) the original principal amount of security deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if anyamounts required under each Lease, and (Fxiii) that as to any other matters reasonably requested by Lender and reasonably related to the Mortgage NoteObligations, the Mortgage Loan Properties, this Agreement, the Security Instruments Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity or any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity. With respect to clauses (ix), (x), (xi) and (xii) above, such certifications shall only be included in such statement if requested by the other Mortgage Loan Documents are valid, legal Rating Agencies or the Investors and binding obligations and have not been modified or if modified, giving particulars of such modificationcertifications may only be requested by Lender once in any calendar year.

Estoppel Statement. Tenant shall within five (5) days of Landlord's written request therefor execute, acknowledge and deliver to Landlord or Landlord's designee a statement in writing including the following information (but not limited to) (a) After request certifying that this Lease constitutes the entire agreement between Landlord and Tenant and is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modification(s); (b) the dates to which the rent and other charges hereunder have been paid, and the amount of any security deposited with Landlord; (c) that the Premises have been completed on or before the date of such letter and that all conditions precedent to this lease taking effect have been carried out (or specifying in what way they have not); (d) that Tenant has accepted possession, that the term has commenced, that the Tenant is occupying the Premises, and that Tenant knows of no default under this Lease by Lender, Borrower shall Landlord and that to the best of Tenant's knowledge there are no defaults or offsets which Tenant has against enforcement of this Lease by Landlord; (e) the actual Commencement Date and expiration date of the term of this Lease; and (f) that the Premises are open for business. Any such Estoppel Certificate may be conclusively relied upon by Landlord and any prospective purchaser or encumbrance of the Premises or Project. In the event that such Estoppel Certificate is not so delivered by Tenant as required herein within ten (10) Business Days (butdays of Landlord's request therefor, provided there exists no Default or Event of DefaultTenant will be conclusively deemed for all purposes to have signed and to be bound by such Estoppel Certificate in a form which, no more often than twice during the course of each fiscal year of Borrower) furnish Lender with a statement, duly acknowledged and certifiedinter alia, (i) with respect to the Loan, setting forth (A) the original principal amount of the Note, (B) the unpaid principal amount of the Loan, (C) the Interest Rate of the Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the Debt, if any, and (F) states that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have Lease has not been modified or if modified, giving particulars of such modification, ; (ii) with respect to any Senior Mezzanine Loan, setting forth (A) the original principal amount of the applicable Senior Mezzanine Loan, (B) the unpaid principal amount of the Senior Mezzanine Loan, (C) the interest rate of the Senior Mezzanine Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses states that all conditions precedent to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and Lease taking effect have not been modified or if modified, giving particulars of such modification carried out; and (iii) with respect to states that Tenant knows of no default under the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modificationLease.

Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) furnish Lender with a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (A) the original principal amount of the Note, (B) the unpaid principal amount of the Loan, (C) the Interest Rate of the Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the Debt, if any, and (F) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, and (ii) with respect to any Senior Mezzanine Loan, setting forth (A) the original principal amount of the applicable Senior Mezzanine Loan, (B) the unpaid principal amount of the Senior Mezzanine Loan, (C) the interest rate of the Senior Mezzanine Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After request by Lender, Borrower shall Borrower, within ten (10) Business Days (butDays, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) shall furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) with respect to the Loan, setting forth (A) amount of the original principal amount of the Note, (Bii) the unpaid principal amount of the LoanNote, (Ciii) the Applicable Interest Rate of the LoanRate, (Div) the Maturity Date, (v) the date installments of interest and/or principal were last paid, (Evi) any offsets that, except as provided in such statement, to Borrower’s Actual Knowledge, there are no defaults or defenses to events which with the payment passage of time or the Debtgiving of notice or both, if anywould constitute an Event of Default, and (Fvii) that this Agreement, the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or or, if modified, giving particulars of such modification, (iiviii) with respect whether, to any Senior Mezzanine LoanBorrower’s Actual Knowledge, setting forth (A) the original principal amount of the applicable Senior Mezzanine Loan, (B) the unpaid principal amount of the Senior Mezzanine Loan, (C) the interest rate of the Senior Mezzanine Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses exist against the obligations secured by the Pledge Agreement and, if any are alleged to the payment exist, a detailed description thereof, (ix) to Borrower’s Actual Knowledge after due inquiry of the debtManager, if any, all Leases are in full force and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations effect and have not been modified (or if modified, giving particulars of such modification and setting forth all modifications), (iiix) with respect the date to which the Rents thereunder have been paid pursuant to the Mortgage LoanLeases, (xi) whether or not, to Borrower’s Actual Knowledge after due inquiry of the Manager, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in default, setting forth the specific nature of all such defaults, (Axii) the original principal amount of security deposits held by Mortgage Borrower under each Lease and that such amounts are consistent with the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if anyamounts required under each Lease, and (Fxiii) that as to any other matters reasonably requested by Lender and reasonably related to the Mortgage NoteObligations, the Mortgage Loan Properties, this Agreement, the Security Instruments Collateral or any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity. With respect to clauses (ix), (x), (xi) and (xii) above, such certifications shall only be included in such statement if requested by the other Mortgage Loan Documents are valid, legal Rating Agencies or the Investors and binding obligations and have not been modified or if modified, giving particulars of such modificationcertifications may only be requested by Lender once in any calendar year.

Estoppel Statement. (a) After request by LenderLender or Servicer, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year Fiscal Year of Borrower) furnish to Lender with or Servicer, as applicable, a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (AA)(i) the original principal amount of the NoteLoan or Senior Mezzanine Loan, (Bii) the unpaid principal amount of the Loan, (Ciii) the Interest Rate of the Loan, (Div) the date installments of interest and/or principal were last paid, (Ev) any offsets or defenses to the payment of the Debt, if any, and (Fvi) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, and (iiB) with respect to any the Mortgage Loan or Senior Mezzanine Loan, setting forth (Ai) the original principal amount of the applicable Senior Mezzanine Mortgage Loan, (Bii) the unpaid principal amount of the Mortgage Loan or Senior Mezzanine Loan, (Ciii) the interest rate of the Mortgage Loan or Senior Mezzanine Loan, (Div) the date installments of interest and/or principal were last paid, (Ev) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (Fvi) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments Senior Mezzanine Note, the Senior Mezzanine Loan Agreement, the other Senior Mezzanine Loan Documents and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After written request by Lender, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no but not more often than twice during the course of each fiscal year of Borrowerin any calendar year, Borrower shall, or shall cause Xxxxxx Cushion Entity or Xxxxxx Borrowers to within fifteen (15) days furnish Lender with a statement, duly acknowledged and certified, (i) certified with respect to the Loan, setting forth (Ai) the original principal amount of the Note, (Bii) the unpaid principal amount of the LoanNote, (Ciii) the Applicable Interest Rate of the LoanNote, (Div) the date installments of interest and/or principal were last paid, (Ev) any then known offsets or defenses to the payment of the DebtDebt or the payment of the other obligations under the Loan Documents, if any, and (Fvi) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, modification and (ii) with respect to any Senior Mezzanine Loanthe Xxxxxx Loans, setting forth (A) the original principal amount of the applicable Xxxxxx Mortgage Note, Xxxxxx Senior Mezzanine LoanNote and the Xxxxxx Xxxxxx Mezzanine Note, (B) the unpaid principal amount of the Xxxxxx Mortgage Note, Xxxxxx Senior Mezzanine LoanNote and the Xxxxxx Xxxxxx Mezzanine Note, (C) the interest rate of the Xxxxxx Mortgage Note, Xxxxxx Senior Mezzanine LoanNote and the Xxxxxx Xxxxxx Mezzanine Note, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Xxxxxx Mortgage Note, the Xxxxxx Mortgage Loan Agreement, the Security Instruments and the other Mortgage Xxxxxx Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) furnish Lender with a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (A) the original principal amount of the Note, (B) the unpaid principal amount of the Loan, (C) the Interest Rate of the Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the Debt, if any, and (F) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ii) with respect to any Senior Mezzanine Loan, setting forth (A) the original principal amount of the applicable Senior Mezzanine Loan, (B) the unpaid principal amount of the Senior Mezzanine Loan, (C) the interest rate of the Senior Mezzanine Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.and

Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) furnish Lender with a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (A) the amount of the original principal amount of the NoteLoan, (B) the unpaid principal amount of the Loan, (C) the Interest Rate of the Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the Debt, if any, and (F) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ii) with respect to the Mortgage Loan, setting forth (U) the original principal amount of the Mortgage Note, (V) the unpaid principal amount of the Mortgage Note, (W) the interest rate of the Mortgage Note, (X) the date installments of interest and/or principal under the Mortgage Loan were last paid, (Y) any offsets or defenses to the payment of the debt, if any, and (Z) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents have not been modified or if modified, giving particulars of such modification, and (iii) with respect to any Senior Mezzanine Loan, setting forth the (A) the original unpaid principal amount of the applicable Senior Mezzanine LoanNote, (B) the unpaid principal amount of the applicable Senior Mezzanine LoanNote, (C) the interest rate of the applicable Senior Mezzanine LoanNote, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the applicable Senior Mezzanine Note, the applicable Senior Mezzanine Loan Agreement and the other applicable Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each fiscal year of Borrower) furnish Lender with a statement, duly acknowledged and certified, (i) with respect to the Loan, setting forth (A) the amount of the original principal amount of the NoteLoan, (B) the unpaid principal amount of the Loan, (C) the Interest Rate of the Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the Debt, if any, and (F) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ii) with respect to any Senior Mezzanine the Mortgage Loan, setting forth (AU) the original principal amount of the applicable Mortgage Note, (V) the unpaid principal amount of the Mortgage Note, (W) the interest rate of the Mortgage Note, (X) the date installments of interest and/or principal under the Mortgage Loan were last paid, (Y) any offsets or defenses to the payment of the debt, if any, and (Z) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents have not been modified or if modified, giving particulars of such modification, and (iii) with respect to the Senior Mezzanine Loan, setting forth the (A) unpaid principal amount of the Senior Mezzanine Note, (B) the unpaid principal amount of the Senior Mezzanine LoanNote, (C) the interest rate of the Senior Mezzanine LoanNote, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Senior Mezzanine Note, the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification and (iii) with respect to the Mortgage Loan, setting forth (A) the original principal amount of the Mortgage Loan, (B) the unpaid principal amount of the Mortgage Loan, (C) the interest rate of the Mortgage Loan, (D) the date installments of interest and/or principal were last paid, (E) any offsets or defenses to the payment of the debt, if any, and (F) that the Mortgage Note, the Mortgage Loan Agreement, the Security Instruments and the other Mortgage Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification.