Common use of Estoppels Clause in Contracts

Estoppels. (a) Within ten Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent then payable, (iii) stating whether or not, to the best of Tenant’s knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 may be relied upon by any purchaser or owner of the Real Property or the Buildings, or all or any portion of Landlord’s interest in the Real Property or the Buildings or under any Superior Lease, or by any Mortgagee or assignee thereof, or by any Lessor or assignee thereof.

Estoppels. (a) Within ten Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent then payable, (iii) stating whether or not, to the best of Tenant’s knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and 125 communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 may be relied upon by any purchaser or owner of the Real Property or the Buildings, or all or any portion of Landlord’s interest in the Real Property or the Buildings or under any Superior Lease, or by any Mortgagee or assignee thereof, or by any Lessor or assignee thereof.

Estoppels. (a) Within ten Business Days 10 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a written statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Construction Period Start Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s 's Tax Payment, the Retail Operating Expense Payment and Percentage Rent Tenant's Operating Payment then payable, (iii) stating whether or not, to the best of Tenant’s 's knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security depositSecurity Deposit, if any, under this Lease, (vii) stating whether there are any subleases or assignments affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this the Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 36.10(a) may be relied upon by any purchaser or owner of the Real Property or the BuildingsBuilding, or all or any portion of Landlord’s 's interest in the Real Property or the Buildings Building or under any Superior Lease, or by any Mortgagee Mortgagee, or assignee thereof, thereof or by any Lessor Lessor, or assignee thereof.

Estoppels. Landlord or Tenant (athe "RESPONDING PARTY") Within as applicable, shall at any time and from time to time, within ten Business Days following (10) days after written request from Landlordby the other party (the "REQUESTING PARTY"), any Mortgagee or any Lessorexecute, Tenant shall acknowledge and deliver to Landlord the Requesting Party a statement executed and acknowledged by Tenant, certificate in form satisfactory to Landlord, writing stating: (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then unmodified and in full force and effect, or if there have been any modifications, that this Lease is in full force and effect as modified and has not been modified (or if modified, setting forth all modifications), stating the date and the nature of each modification; (ii) setting forth the date to which Fixed Rent rental and any Additional Rent all other sums payable hereunder have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent then payable, ; (iii) stating whether or not, to that the best of Tenant’s knowledge, Landlord Requesting Party is not in default in the performance of any of its obligations under this Lease, andthat the certifying party has given no notice of default to the Requesting Party and that no event has occurred which, but for the expiration of the applicable time period, would constitute an event of default hereunder, or if Tenant asserts the responding party alleges that Landlord is in any such default, setting forth notice or event has occurred, specifying the specific nature of any such defaults, same in reasonable detail; and (iv) stating whether Landlord has failed to complete such other matters as may reasonably be requested by the Requesting Party or by any work required to be performed by Landlord institutional lender, mortgagee, trustee, beneficiary, ground lessor, sale/leaseback lessor or prospective purchaser of the Property, or prospective sublessee or assignee of this Lease. Any such certificate provided under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 may be relied upon by any lender, mortgagee, trustee, beneficiary, assignee or successor in interest to the Requesting Party, by any prospective purchaser, by any purchaser on foreclosure or owner sale, by any grantee under a deed in lieu of foreclosure of any mortgage or deed of trust on the Real Property Property, by any subtenant or the Buildings, or all or any portion of Landlord’s interest in the Real Property or the Buildings or under any Superior Leaseassignee, or by any Mortgagee or assignee thereofother third party. Failure to execute and return within the required time any estoppel certificate requested hereunder, or if such failure continues for five (5) days after a second written request by any Lessor or assignee thereofthe Requesting Party for such estoppel certificate, shall be deemed to be an admission of the truth of the matters set forth in the form of certificate submitted to the Responding Party for execution.

Estoppels. (a) Within ten Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent then payable, (iii) stating whether or not, to the best of Tenant’s knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by LandlordXxxxxxxx, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 may be relied upon by any purchaser or owner of the Real Property or the Buildings, or all or any portion of Landlord’s interest in the Real Property or the Buildings or under any Superior Lease, or by any Mortgagee or assignee thereof, or by any Lessor or assignee thereof.

Estoppels. (a) Within ten Business Days The following request from Landlordis hereby added as Section 12.4.3 of the Original Lease: "Upon Tenant's written request, any Mortgagee or any LessorLandlord shall execute, Tenant shall acknowledge and deliver to Landlord Tenant a written statement executed and acknowledged by Tenantcertifying if true (or if not, in form satisfactory to Landlord, stating why): (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and how they have been changed); (ii) that this Lease is then in full force and effect and has not been modified (cancelled or if modified, setting forth all modifications), (ii) setting forth the date to which Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent then payable, terminated; (iii) stating whether or not, the last date of payment of the Basic Monthly Rent and other charges and the time period covered by such payment; and (iv) that to the best of Tenant’s knowledge, Landlord Landlord's knowledge Tenant is not in default under this Lease, andLease (or, if Tenant asserts that Landlord is claimed to be in default, setting forth stating why). Landlord shall deliver such statement to Tenant within ten (10) business days after Tenant's request. Any such statement by Landlord shall be addressed to Tenant, or at Tenant's request, to its lender, a purchaser of Tenant, an assignee of this Lease or subtenant of Tenant, or if such certification is required by Tenant's auditor or to an underwriter in connection with a public offering of stock or otherwise if required by the specific nature of Securities and Exchange Commission; provided such third-party entity is named in the certification, and such third party may rely conclusively upon such statement as true and correct. If Landlord does not deliver such statement to Tenant within such ten (10) business day period, any such defaults, named third party may conclusively presume and rely upon the following facts: (i) that the terms and provisions of the Lease have not been changed except as otherwise represented by Tenant; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Tenant; (iii) that not more than one month's Basic Monthly Rent or other charges have been paid in advance; and (iv) stating whether that Tenant is not in default under the Lease. Landlord has failed shall, within ten (10) business days following Tenant's written request, certify to complete Tenant and any work required transferee or lender of Tenant, if true, that to be performed by Landlord Landlord's knowledge there are no uncured defaults in Tenant's performance under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 may be relied upon by any purchaser or owner of the Real Property or the Buildings, or all or any portion of Landlord’s interest in the Real Property or the Buildings or under any Superior Lease, or by any Mortgagee or assignee thereof, or by any Lessor or assignee thereof."

Estoppels. (a) Within ten Business Days seven days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a written statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s 's Tax Payment, the Retail Operating Expense Payment and Percentage Rent Tenant's Operating Payment then payable, (iii) stating whether or not, to the best of Tenant’s 's knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security depositSecurity Deposit, if any, under this Lease, (vii) stating whether there are any subleases or assignments affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this the Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 36.10(a) may be relied upon by any purchaser or owner of the Real Property or the BuildingsBuilding, or all or any portion of Landlord’s 's interest in the Real Property or the Buildings Building or under any Superior Lease, or by any Mortgagee Mortgagee, or assignee thereof, thereof or by any Lessor Lessor, or assignee thereof.

Estoppels. (a) Within ten Business Days 7 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s 's Tax Payment, the Retail Operating Expense Payment and Percentage Rent Tenant's Operating Payment then payable, (iii) stating whether or not, to the best of Tenant’s 's knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security depositSecurity Deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 35.10 may be relied upon by any purchaser or owner of the Real Property or the BuildingsBuilding, or all or any portion of Landlord’s 's interest in the Real Property or the Buildings Building or under any Superior Lease, or by any Mortgagee or assignee thereof, or by any Lessor or assignee thereof.

Estoppels. (a) Within ten (10) Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and acknowledged by Tenant, in form reasonably satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent Tenant’s Operating Payment then payable, (iii) stating whether or not, to the best of Tenant’s knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security depositSecurity Deposit, if any, under this Lease, (vii) stating whether there are any subleases affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 35.10 may be relied upon by any purchaser or owner of the Real Property or the BuildingsBuilding, or all or any portion of Landlord’s interest in the Real Property or the Buildings Building or under any Superior Lease, or by any Mortgagee or assignee thereof, or by any Lessor or assignee thereof.

Estoppels. (a) Within ten Business Days 10 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a written statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (ia) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (iib) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s 's Tax Payment, the Retail Operating Expense Payment and Percentage Rent Tenant's Operating Payment then payable, (iiic) stating whether or not, to the best of Tenant’s 's knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (ivd) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (ve) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vif) stating the amount of the security depositSecurity Deposit, if any, under this Lease, (viig) stating whether there are any subleases or assignments affecting the Premises, (viiih) stating the address of Tenant to which all notices and communications under this the Lease shall be sent, and (ixi) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 36.10 may be relied upon by any purchaser or owner of the Real Property or the BuildingsBuilding, or all or any portion of Landlord’s 's interest in the Real Property or the Buildings Building or under any Superior Lease, or by any Mortgagee Mortgagee, or assignee thereof, thereof or by any Lessor Lessor, or assignee thereof.

Estoppels. (a) Within ten Business Days seven days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a written statement executed and acknowledged by Tenant, in form satisfactory to Landlord, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent, Tenant’s Tax Payment, the Retail Operating Expense Payment and Percentage Rent Tenant’s Operating Payment then payable, (iii) stating whether or not, to the best of Tenant’s knowledge, Landlord is in default under this Lease, and, if Tenant asserts that Landlord is in default, setting forth the specific nature of any such defaults, (iv) stating whether Landlord has failed to complete any work required to be performed by Landlord under this Lease, (v) stating whether there are any sums payable to Tenant by Landlord under this Lease, (vi) stating the amount of the security depositLetter of Credit, if any, under this Lease, (vii) stating whether there are any subleases or assignments affecting the Premises, (viii) stating the address of Tenant to which all notices and communications under this the Lease shall be sent, and (ix) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 42.9 36.10(a) may be relied upon by any purchaser or owner of the Real Property or the BuildingsBuilding, or all or any portion of Landlord’s interest in the Real Property or the Buildings Building or under any Superior Lease, or by any Mortgagee Mortgagee, or assignee thereof, thereof or by any Lessor Lessor, or assignee thereof.