Estoppels and SNDAs d) In accordance with the further terms and conditions of this Section 6.3, Seller shall use its commercially reasonable efforts to provide tenant estoppel certificates (“Tenant Estoppels”) from tenants under the Leases. Notwithstanding the foregoing, at a minimum Seller shall deliver to Buyer at or prior to Closing Tenant Estoppels from Shop-N-Save, Michael’s, Books a Million and Pier One Import, (“Key Tenants”) and from tenants leasing not less than seventy-five percent (75%) of the remaining open and occupied gross leasable area of the Property that is subject to Leases with a term of more than twelve (12) months (“Required Tenant Estoppels”). In the event Seller has been unable to obtain the Required Tenant Estoppels at or prior to Closing, Seller shall have the right, upon written notice to Buyer, to extend the Closing Date by up to ten (10) days in order to allow Seller additional time to obtain all such Required Tenant Estoppels. Additionally, in the event Seller has been unable to obtain a Tenant Estoppel from any tenant that is not a Key Tenant prior to the Closing Date, as the same may be extended in accordance with the foregoing, Seller shall have the option, but not the obligation, to deliver Seller estoppel certificates (“Seller Estoppels”) at or prior to Closing in order to satisfy the requirement of delivery of the Required Tenant Estoppels, which Seller Estoppels shall state the economic terms of the Leases, as well as state whether or not, to Seller’s actual knowledge, Seller has delivered to, or received from, any such tenants, a written notice of default, which default remains uncured or unaddressed as of the date of such Seller Estoppel. Seller shall have no obligation to update any Tenant Estoppels described in this Section 6.3 at or prior to Closing. The form of the Tenant Estoppel shall be substantially in the form of Exhibit “G” attached hereto and made a part hereof; provided, however, that if any tenant is required or permitted under the terms of its Lease to provide less information or to otherwise make different statements in a certification of such nature than are set forth on Exhibit “G”, then Buyer shall accept any modifications made to such estoppel certificate to the extent that such changes are consistent with the minimum requirements set forth in such tenant’s lease. In the event that Buyer’s lender requires a form of Tenant Estoppel that is substantially different than the form of Tenant Estoppel attached hereto as Exhib...
Estoppels and SNDAs. At the request of Developer or any holder of a mortgage or deed of trust, Owner shall, from time to time and upon the request of such holder, timely execute and deliver to Developer or such holder a written statement of Owner that no default or breach exists (or would exist with the passage of time, or giving of notice or both) by Developer under this Agreement, if such be the fact, and certifying as to whether or not Developer has at the date of such certification complied with any obligation of Developer hereunder as to which Developer or such holder may inquire. At the request of Developer or any holder of a mortgage or deed of trust, Owner shall, from time to time and upon the request of such holder, but after Close of Escrow, timely execute and deliver to Developer or such holder a written statement of subordination, attornment and non-disturbance (SNDA), subject to the prohibition on subordination provided in Section 7.5 of the Covenant Agreement as to the TOT Guarantee. The form of any estoppel letter or SNDA shall be prepared by the holder or Developer and shall be at no cost to Owner, including any reasonable cost for the Owner to provide review by competent Counsel. The Owner’s Executive Director shall be expressly authorized to execute any such SNDA or estoppel document. Such written statements requested by Xxxxxxxxx and issued by Owner shall not waive Owner’s obligation to consider in future requests any such prior default or prior breach for which could not have been known to Owner at the time any such written statement of no default or breach was previously issued by Owner.
Estoppels and SNDAs. 7.3.1 After the expiration of the Due Diligence Period, Seller shall use commercially reasonable efforts to obtain and deliver to Purchaser, prior to Closing, an estoppel letter in substantially the form attached hereto as Exhibit "E" executed by each of the Tenants; provided, however, that if any Tenant is permitted under the terms of its Lease to provide less information or to otherwise make different statements or provide a different form of estoppel certification, then if the tenant refuses to provide an estoppel letter in the form of Exhibit "E", Seller shall use commercially reasonable efforts to obtain an estoppel certificate in accordance with the relevant Lease. Any estoppel letter in substantially the form of Exhibit "E" or that complies with the provisions of the relevant Lease is called a "Tenant Estoppel". Commercially reasonable efforts shall not include the payment of any sums by Seller to any Tenant, the incurrence of any other liability to any Tenant, or the granting of any other concession to any Tenant.
Estoppels and SNDAs. (a) Tenants. Bedford’s review and approval of executed Tenant estoppel certificates in the form required by X. X. Xxxxxx in connection with the New Loan (with the inclusion of certification to Bedford as well as to X. X. Xxxxxx) from Tenants occupying at least ninety-five percent (95%) of the currently leased square footage of the Property. The draft estoppel certificates are attached hereto as Exhibit J. Said estoppel certificates shall be dated no earlier than the Agreement Date. Seller agrees to request each Tenant to execute and deliver its estoppel certificate as soon as possible after the date hereof, and Seller agrees to use its commercially reasonable efforts to obtain all such estoppel certificates.
Estoppels and SNDAs. Lender shall have received an executed estoppel certificate and a subordination, non-disturbance and attornment agreement from each tenant under the Leases.
Estoppels and SNDAs. Sublessee shall deliver such estoppel certificates, subordination and attornment agreements and other like documents and agreements with respect to the Sublease Premises to the same extent, and at the same time and in the same manner, that Sublessor is required to do so with respect to the Sublease Premises.
Estoppels and SNDAs. To the extent requested by the Administrative Agent, as to any fee-owned property as to which all or any portion is leased to another Person, a copy of each lease, along with an estoppel certificate and a subordination, non-disturbance and attornment agreement from each lessee.
Estoppels and SNDAs. Buyer’s obligation to proceed to Closing shall be conditioned on the following, provided that Buyer may in its sole discretion elect to waive either or both such conditions:
Estoppels and SNDAs. To the extent not previously delivered to Buyer, each of the Tenant Estoppel Certificates and SNDAs obtained by Seller pursuant to Section 4.4 of this Agreement.
Estoppels and SNDAs. Provided that Buyer has delivered to Seller the appropriate form no later than June 4, 2010, then Seller shall deliver, no later than three (3) business days prior to Closing Date, Tenant’s estoppel certificates, as required by and provided for in Section 9.1.6, and “SNDA,” as defined in and provided for in Section 9.1.6.
