Common use of Estoppel Statement Clause in Contracts

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written request from Lender, execute, acknowledge and deliver to the Lender, an Officer’s Certificate, stating that this Agreement and the other Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Default. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, tenant estoppel certificates from each Tenant under any Material Lease entered into after the Closing Date in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided that Borrower shall not be required to deliver such certificates more frequently than one time in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.

Appears in 10 contracts

Sources: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written After request from by Lender, executeBorrower shall within ten (10) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment and performance of the Obligations, an Officerif any, which are within Borrower’s Certificate, stating knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents are unmodified and in have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount Securitization of the Note and containing Loan, Borrower shall not be required to provide such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if statement more than twice in any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaulttwelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Lender, within thirty (30) days of Lender’s upon request, tenant an estoppel certificates certificate from each Tenant under any Material non-residential Lease entered into after the Closing Date (provided that Mortgage Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided reasonably satisfactory to Lender; provided, that Mortgage Borrower shall not be required to deliver such certificates more frequently than one time three (3) times in any calendar year; provided. (c) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, however, that there shall be no limit on tenant estoppel certificates delivered to Mortgage Lender with respect to the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuingMortgage Loan.

Appears in 2 contracts

Sources: Second Mezzanine Loan Agreement (Clipper Realty Inc.), Mezzanine Loan Agreement (Clipper Realty Inc.)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written request from Lender, execute, acknowledge and deliver to the Lender, an Officer’s Certificate, stating that this Agreement and the other Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, information with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Event of Default exists hereunder or, if any Event of Default shall exist hereunder, specify such Event of Default and the steps being taken to cure such Event of Default. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty fifteen (3015) days Business Days of Lender’s request, tenant estoppel certificates from each Tenant under any Material Lease entered into after the Closing Date in substantially the form and substance reasonably satisfactory to Lender, provided, that, so long as an Event of the estoppel certificate set forth in Exhibit G provided that Default has not occurred and is not continuing, Borrower shall not be required to deliver such certificates from any one tenant more frequently than two times in any calendar year and shall not be required to make a blanket request for estoppel certificates from all of the tenants at the Property more than one time in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuingevery twelve months.

Appears in 2 contracts

Sources: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written After request from by Lender, executeBorrower shall within ten (10) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balance, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the Lenderperformance of the Obligations, an Officer’s Certificateif any, stating and (vi) that the Note, this Agreement Agreement, the Security Instrument and the other Loan Documents are unmodified valid, legal and in full force binding obligations of Borrower and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s Lender upon request, tenant estoppel certificates from each commercial Tenant under any Material Lease entered into after leasing space at the Closing Date Property in substantially the form and substance reasonably satisfactory to Lender (provided that such certificates may be in the form required under the terms of the estoppel certificate set forth in Exhibit G applicable Tenant’s Lease) provided that Borrower shall not be required to deliver such certificates more frequently than one (1) time in any calendar yearyear unless such request is made in connection with a Securitization or after the occurrence of an Event of Default. (c) Borrower shall use commercially reasonable efforts to deliver to Lender, upon request, estoppel certificates from each party under the Operating Covenants; provided, however, provided that there shall be no limit on the number of times Borrower such certificates may be in the form required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuingOperating Covenants.

Appears in 2 contracts

Sources: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written After request from by Lender, executeBorrower shall within five (5) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, stating (i) the unpaid principal amount of the Notes, (ii) the Applicable Interest Rate of the Notes, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment of the Debt, an Officer’s Certificateif any, stating and (v) that this Agreement and the other Loan Documents are unmodified and in full force and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) Borrower shall use commercially reasonable efforts deliver to Lender, within thirty (30) days after request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease); provided that such certificate may be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (c) Borrower shall use commercially reasonable efforts deliver to Lender, upon request, estoppel certificates from each party under the REA; provided that such certificates may be in the form required under the REA. (d) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, tenant estoppel certificates from each Tenant under any Material Lease entered into after the Closing Date an estoppel certificate and subordination, non-disturbance and attornment agreement duly executed and delivered by The Boston Consulting Group and (where required) Borrower, in substantially the each case in form and substance of reasonably satisfactory to Lender (and if applicable in the estoppel certificate set forth in Exhibit G provided that Borrower shall not be form required to deliver such certificates more frequently than one time in any calendar year; provided, however, that there shall be no limit on under the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuinglease with The Boston Consulting Group).

Appears in 2 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written After request from by Lender, executeBorrower shall within five (5) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment of the Debt, an Officer’s Certificateif any, stating (v) that this Loan Agreement and the other Loan Documents are unmodified have not been modified or if modified, giving particulars of such modification, and in full force and effect (or, if there have been modifications, that vi) whether any defaults exist under this Loan Agreement and or under any of the other Loan Documents are on the part of Borrower and any default by Lender that Borrower has asserted in full force writing. (i) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and effect as modified and setting forth such modifications)certified, stating (i) the amount of accrued and unpaid interest and the outstanding principal amount of the Note Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and containing such other information, qualified to the Best (iv) whether or not Lender has sent any notice of Borrower’s Knowledge, with respect to the Borrower, the Property and default under the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and Documents which remains uncured in the steps being taken to cure such Defaultopinion of Lender. (bii) Borrower shall deliver to Lender, upon request, an estoppel certificate from each tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to deliver obtain an estoppel certificate from any tenant not required to Lender, within thirty (30) days of Lender’s request, tenant provide an estoppel certificates from each Tenant certificate under any Material Lease entered into after the Closing Date its Lease); provided that such certificate may be in substantially the form and substance of the estoppel certificate set forth in Exhibit G required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one time in twice during any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuingtwelve (12) month period.

Appears in 2 contracts

Sources: Loan and Security Agreement (NNN 2003 Value Fund LLC), Loan and Security Agreement (NNN 2003 Value Fund LLC)

Estoppel Statement. (a) After written request by Lender, Borrower shall, from time to timewithin fifteen (15) Business Days following receipt of such request, upon thirty (30) days’ prior written request from Lenderfurnish Lender with a statement, executeduly acknowledged and certified, acknowledge and deliver to the Lender, an Officer’s Certificate, stating that this Agreement and the other Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and (i) unpaid interest and the outstanding principal amount of the Note Loan, (ii) the date installments of interest and/or principal were last paid, (iii) that the Loan Documents to which Borrower is a party are valid, legal and containing binding obligations of Borrower, subject to insolvency laws and general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law), and have not been modified or, if modified, giving particulars of such modification, and (iv) such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan matters as Lender shall may reasonably request. The estoppel certificate Any prospective purchaser of any interest in the Loan shall also state either that no Default exists hereunder orbe permitted to rely on such certificate. With respect to any Commercial Lease, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Default. (b) Borrower shall request and use commercially reasonable good faith efforts to deliver to obtain for Lender, within thirty (30) days of Lender’s upon request, tenant estoppel certificates from each Tenant under any Material Lease entered into after the Closing Date in substantially the tenant on a customary form and substance of the estoppel certificate set forth in Exhibit G approved by Lender; provided that Borrower shall not be required to (A) deliver such certificates more frequently than one time once in any calendar year; provided, however, that there shall be no limit on the number year (unless an Event of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuingthen exists, in which case Borrower shall endeavor to obtain as many such certificates as Lender shall request), or (B) obtain an estoppel certificate from any tenant whose applicable Lease does not require it to provide such a certificate, or (C) use efforts other than reasonable efforts to obtain such certificates from all tenants.

Appears in 1 contract

Sources: Loan and Security Agreement (Stratus Properties Inc)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days' prior written request from Lender, execute, acknowledge and deliver to the Lender, an Officer’s 's Certificate, stating that this Agreement and the other Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s 's Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Default. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s 's request, tenant estoppel certificates from each Tenant under any Material Lease Leases entered into after the Closing Date in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided that Borrower shall not be required to deliver such certificates more frequently than one time in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.

Appears in 1 contract

Sources: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written After request from by Lender, executeFee Borrower and Leasehold Borrower shall within five (5) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment of the Debt, an Officer’s Certificateif any, stating and (v) that this Agreement and the other Loan Documents are unmodified and in full force and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall deliver to Lender, upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, tenant obtain an estoppel certificates certificate from each Tenant under any Material Lease entered into after the Closing Date Tenant); provided that such certificate may be in substantially the form and substance of the estoppel certificate set forth in Exhibit G required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one time once in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Estoppel Statement. (a) Borrower shall, from time shall deliver to time, upon thirty (30) days’ prior written request from Lender, executewithin five (5) Business Days after Lender’s request, acknowledge a statement, duly acknowledged and deliver certified, setting forth (i) the original principal amount of the Loan, (ii) the unpaid principal amount of the Loan, (iii) the interest rate of the Loan, (iv) the date installments of principal and/or interest were last paid, (v) any offsets or defenses to the Lenderpayment and performance of the Obligations, an Officer’s Certificateif any, stating and (vi) that this Agreement and the other Loan Documents are unmodified valid, legal and in full force binding obligations of Borrower and effect have not been modified (or, if there have been modificationsmodified, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modificationsmodification), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Default. (b) Borrower shall deliver to Lender, within thirty (30) days after Lender’s request, an estoppel certificate from each Tenant under any Lease in form and substance reasonably satisfactory to Lender; provided that (i) Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease, (ii) such estoppel certificate may be in the form required under such Lease, and (iii) after the final Securitization of the Loan, Borrower shall not be required to deliver such estoppel certificate from any Tenant more frequently than two (2) times in any calendar year. (c) Borrower shall use its commercially reasonable efforts to deliver to Lender, within thirty (30) days of after Lender’s request, tenant an estoppel certificates certificate from each Tenant party under any Material Lease entered into after the Closing Date REA in substantially the form and substance of the reasonably satisfactory to Lender; provided that such estoppel certificate set forth in Exhibit G provided that Borrower shall not be required to deliver such certificates more frequently than one time in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be in the form required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuingREA.

Appears in 1 contract

Sources: Loan Agreement (Consolidated Tomoka Land Co)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior After written request from Lenderby L▇▇▇▇▇, executeBorrower shall within ten (10) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the Lenderpayment of the Debt, an Officer’s Certificateif any, stating claimed by B▇▇▇▇▇▇▇, and (vi) that the Note, this Agreement Agreement, the Mortgages and the other Loan Documents are unmodified valid, legal and binding obligations (subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in full force a proceeding in equity or at law) and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s Lender upon written request, tenant estoppel certificates from each commercial Tenant under any Material Lease entered into after leasing space at the Closing Date Properties in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver such certificates more frequently than one (1) time in any calendar year. (c) Borrower shall use commercially reasonable efforts to deliver to Lender upon written request, estoppel certificates from each party to any REAs, in form and substance reasonably satisfactory to Lender; provided, however, that there Borrower shall be no limit on the number of times Borrower may not be required to obtain deliver such certificates if a Default hereunder or under more frequently than one (1) time in any of the Loan Documents has occurred and is continuingcalendar year.

Appears in 1 contract

Sources: Loan Agreement (W. P. Carey Inc.)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior After written request from Lenderby ▇▇▇▇▇▇, executeBorrower shall within ten (10) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment and performance of the Obligations, an Officer’s Certificateif any, stating and (v) that this Agreement and the other Loan Documents are unmodified and in full force and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lenderfollowing ▇▇▇▇▇▇’s written request, tenant an estoppel certificates certificate from each Tenant under any Material Lease entered into after for space at the Closing Date property other than from tenants exclusively leasing retail space and/or storage unit space in substantially the form required pursuant to its Lease or otherwise in form and substance of the estoppel certificate set forth in Exhibit G provided that reasonably satisfactory to Lender; provided, that, Borrower shall not be required to deliver such certificates more frequently than one (1) time in any calendar yearsix (6) month period. (c) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days following ▇▇▇▇▇▇’s written request, an estoppel certificate from the Condominium Board in the form required pursuant to the Condominium Declaration or otherwise in form and substance reasonably satisfactory to Lender; provided, however, that there Borrower shall be no limit on the number of times Borrower may not be required to obtain deliver such certificates if a Default hereunder or under certificate more than one (1) time in any of the Loan Documents has occurred and is continuingsix (6) month period.

Appears in 1 contract

Sources: Loan Agreement (Alexanders Inc)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days’ prior written After request from by Lender, executeBorrower shall within five (5) Business Days furnish Lender with a statement, acknowledge duly acknowledged and deliver certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment and performance of the Obligations, an Officer’s Certificateif any, stating and (v) that this Agreement and the other Loan Documents are unmodified and in full force and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) Borrower shall deliver to Lender, upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to deliver obtain an estoppel certificate from any Tenant not required to Lender, within thirty (30provide an estoppel certificate under its Lease) days of Lender’s request, tenant estoppel certificates from each Tenant under any Material Lease entered into after the Closing Date in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver such certificates more frequently than one time three (3) times in any calendar year, and provided that Borrower shall not be required to deliver such certificates with respect to any Tenant that is not subject to a Major Lease. (c) Borrower shall deliver to Lender, upon request, estoppel certificates from each party under any Operations Agreement in form and substance reasonably satisfactory to Lender; provided, however, that there Borrower shall be no limit on the number of times Borrower may not be required to obtain deliver such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.more than three

Appears in 1 contract

Sources: Loan Agreement

Estoppel Statement. (a) After request by Lender and not more than one time in any calendar year, Borrower shalland/or Operating Lessee, from time to timeas applicable, upon thirty shall within ten (3010) days’ prior written request from LenderBusiness Days furnish Lender with a statement, executeduly acknowledged and certified, acknowledge and deliver stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the Lenderpayment of the Debt, an Officer’s Certificateif any, stating and (v) that this Agreement and the other Loan Documents are unmodified and in full force and effect (orhave not been modified or if modified, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth giving particulars of such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Defaultmodification. (b) After request by Borrower, provided no Event of Default exists, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower and/or Operating Lessee, as applicable, shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s upon request, tenant an estoppel certificates certificate from each party under each Material Agreement and the REA’s and each Tenant under any Material Lease entered into after the Closing Date Lease, provided that, such certificate may be in substantially the form and substance of the estoppel certificate set forth in Exhibit G required under such Material Agreement or REA or Lease, as applicable; and, provided further, that Borrower and/or Operating Lessee, as applicable, shall not be required to deliver such certificates more frequently than one (1) time in any calendar yearyear (other than in connection with an Event of Default or a Securitization). (d) Borrower and/or Operating Lessee, as applicable, shall use commercially reasonable efforts to deliver to Lender, upon request, an estoppel certificate or comfort letter, as applicable, in form and substance acceptable to Lender, from Franchisor or Brand Manager, as applicable; provided, howeverthat neither Borrower and/or Operating Lessee, that there as applicable, shall be no limit on the number of times Borrower may be required to obtain deliver such certificates if comfort letter or estoppel certificate, as applicable, more frequently than one (1) time in any calendar year (other than in connection with an Event of Default or a Default hereunder Securitization (and any reasonable actual out-of-pocket costs incurred by Borrower in connection with obtaining such estoppel or under any of the Loan Documents has occurred and is continuingcomfort letter in connection with a Securitization shall be paid by Lender)).

Appears in 1 contract

Sources: Loan Agreement (Ashford Hospitality Prime, Inc.)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days' prior written request from Lender, execute, acknowledge and deliver to the Lender, an Officer’s 's Certificate, stating that this Agreement and the other Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s Knowledge, information with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Event of Default exists hereunder or, if any Event of Default shall exist hereunder, specify such Event of Default and the steps being taken to cure such Event of Default. (b) In connection with a Securitization, Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty fifteen (3015) days Business Days of Lender’s 's request, tenant estoppel certificates from each Tenant under any Material Lease entered into after the Closing Date in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided that Borrower shall not be required to deliver such certificates more frequently than one time three times in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.

Appears in 1 contract

Sources: Loan and Security Agreement (American Financial Realty Trust)

Estoppel Statement. (a) Borrower and/or Maryland Owner shall, from time to time, upon thirty (30) days’ prior written request from Lender, execute, acknowledge and deliver to the Lender, an Officer’s Certificateestoppel certificate, (i) stating that this Agreement and the other Loan Documents are unmodified and and, to the best of Borrower’s and/or Maryland Owner’s knowledge, in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating (ii) stating, to the best of Borrower’s and/or Maryland Owner’s knowledge, the amount of accrued and unpaid interest and the outstanding principal amount of the Note and (iii) containing such other information, qualified to the Best of Borrower’s Knowledge, information with respect to the BorrowerBorrower and/or Maryland Owner, the Property Properties or any one or more Individual Properties and the Loan as Lender shall reasonably request. The estoppel certificate shall also state specify either that that, to Borrower’s and/or Maryland Owner’s knowledge, no Default or Event of Default exists hereunder or, if any Default or Event of Default shall exist hereunder, specify such Default or Event of Default and the steps being taken to cure such Default or Event of Default. (b) Borrower and/or Maryland Owner shall use commercially reasonable efforts to deliver to Lender, within thirty fifteen (3015) days Business Days of Lender’s request, tenant estoppel certificates from each any requested Tenant under any Material Lease entered into after the Closing Date in substantially the form and substance of the estoppel certificate set forth in Exhibit G Schedule 5.1.17, provided that neither Borrower nor Maryland Owner shall not be required to deliver such certificates more frequently than one time in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.twelve

Appears in 1 contract

Sources: Loan and Security Agreement (Urban Edge Properties)

Estoppel Statement. (a) Borrower shall, from time to time, upon thirty (30) days' prior written request from Lender, execute, acknowledge and deliver to the Lender, an Officer’s 's Certificate, stating that this Agreement and the other Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that this Agreement and the other Loan Documents are in full force and effect as modified and setting forth such modifications), stating the amount of accrued and unpaid interest and the outstanding principal amount of the Note and containing such other information, qualified to the Best of Borrower’s 's Knowledge, with respect to the Borrower, the Property and the Loan as Lender shall reasonably request. The estoppel certificate shall also state either that no Default exists hereunder or, if any Default shall exist hereunder, specify such Default and the steps being taken to cure such Default. (b) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s 's request, tenant estoppel certificates from each Tenant under any Material Lease Leases entered into after the Closing Date in substantially the form and substance of the estoppel certificate set forth in Exhibit G provided that Borrower shall not be required to deliver such certificates more frequently than one time in any calendar year; provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a an Event of Default hereunder or under any of the Loan Documents has occurred and is continuing.

Appears in 1 contract

Sources: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)