Common use of Existing Leases Clause in Contracts

Existing Leases. To Seller’s knowledge, (i) other than the Leases listed in the Rent Roll, Seller has not entered into any contract or agreement with respect to the occupancy of the Property or any portion or portions thereof which will be binding on Purchaser after the Closing; (ii) the copies of the Leases heretofore delivered by Seller to Purchaser are true, correct and complete copies thereof; and (iii) the Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Seller and the tenants thereunder. All information set forth in the Rent Roll attached hereto as EXHIBIT “F” is true, correct, and complete in all material respects. To Seller’s knowledge, except as disclosed in the Due Diligence Materials and/or the Rent Roll, no tenants have asserted nor are there any defenses or offsets to rent accruing after the Closing Date and no default or breach exists on the part of any tenant. Seller has not received any notice of any default or breach on the part of the landlord under any Lease, nor, to Seller’s knowledge, does there exist any such default or breach on the part of the landlord.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Iii L P)

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Existing Leases. To Seller’s knowledge, (i) other Other than the Leases listed in the Rent RollLeases, Seller has not entered into any contract or agreement with respect to the granting occupancy of the Property or any portion or portions thereof which will be binding on Purchaser after the Closing; (ii) the copies of the Leases heretofore delivered by Seller to Purchaser are true, correct and complete copies thereof; and (iii) the Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Seller and the tenants thereunder. All information To Seller’s knowledge, no material default, delinquency or breach exists on the part of the Tenant. To Seller’s knowledge, the Leases are valid and in full force and effect. To Seller’s knowledge, no presently effective rent concessions have been given to the tenants except as set forth in the Rent Roll attached hereto as EXHIBIT “F” is trueLeases and no rent has been paid in advance by the tenants respecting a period subsequent to the Closing. To Seller’s knowledge, correctthe tenants have not asserted in writing any claims, defenses or offsets to rent accruing from and complete in all material respectsafter the date of Closing. To Seller’s knowledge, except as disclosed for the landlord work described in the Due Diligence Materials and/or the Rent Roll, no tenants have asserted nor are there any defenses or offsets to rent accruing after the Closing Date and no default or breach exists on the part of any tenant. Seller has not received any notice of any default or breach on the part Section 8 of the landlord under any Eighth Amendment to the CMT Lease, norwhich is in progress, all of Landlord’s work or other obligations of Landlord to Seller’s knowledge, does there exist any such default or breach on be performed pursuant to the part of the landlordLeases have been fully performed and paid for.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

Existing Leases. To Seller’s knowledgeThe Existing Leases are, (i) other than or at the Leases listed in the Rent Rolltime they are delivered to Assignee will be, Seller has not entered into any contract or agreement with respect to the occupancy of the Property or any portion or portions thereof which will be binding on Purchaser after the Closing; (ii) the copies of the Leases heretofore delivered by Seller to Purchaser are true, correct and complete copies thereof; of all of the leases affecting the Properties, including any and (iii) all amendments or supplements thereto, and guaranties or other security in connection therewith. There are no lease or occupancy agreements affecting any portion of the Properties other than the Existing Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Seller and the tenants thereunderAlphaSniffer Lease. All information set forth in the Rent Roll attached hereto as EXHIBIT “F” is true, correct, and complete in all material respects. To Seller’s knowledge, except as disclosed in the Due Diligence Materials and/or the Rent Roll, no tenants Assignor does not have asserted nor are there any defenses or offsets to rent accruing after the respective Closing Date under any of the Existing Leases and no default or breach exists on the part of any tenantAssignor. Seller Assignor has not received any notice of any default or breach on the part of the landlord under any Leaseof the Existing Leases, nor, to SellerAssignor’s knowledge, does there exist any such default or breach on the part of the landlord. All of the landlord’s obligations to construct tenant improvements or reimburse Assignor for tenant improvements under the Existing Leases have been paid and performed in full and all concessions (other than any unexpired rent abatement set forth in the Leases) from the landlord under the Existing Leases have been paid and performed in full.

Appears in 1 contract

Samples: Assignment Agreement (Array Biopharma Inc)

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Existing Leases. To Seller’s knowledge, (i) other than the Leases listed in the Rent Roll, Seller has not Neither Property Owner nor Master Tenant nor any of their respective affiliates have entered into any contract leases, concessions or agreement other occupancy agreements of any kind with respect to the occupancy Property other than the Existing Leases. Exhibit B sets forth a true, correct and complete list of the Property or any portion or portions thereof which will be binding on Purchaser after the Closing; (ii) the copies Existing Leases in effect as of the Leases heretofore delivered by Effective Date. Seller to has provided Purchaser are with true, correct and complete copies of all Existing Leases (including all amendments and/or modifications thereto). All Existing Leases are in full force and effect and neither Property Owner nor Master Tenant nor any of their respective affiliates have entered into any agreements which waive, modify, compromise or amend the provisions thereof; and (iii) the . Neither Property Owner nor Master Tenant nor any of their respective affiliates have delivered or received a written notice of breach or default under any Existing Leases have which has not been amended except as evidenced by amendments similarly delivered cured and constitute the entire agreement between Seller and the tenants thereunder. All information set forth in the Rent Roll attached hereto as EXHIBIT “F” is true, correct, and complete in all material respects. To Seller’s knowledge, except as disclosed in the Due Diligence Materials and/or the Rent Roll, no tenants have asserted nor are there any defenses or offsets to rent accruing after the Closing Date and no default or breach exists on the part of any tenant. Seller has not received any notice of any default or breach on the part of the landlord under any Lease, nor, to Seller’s knowledge, does there exist exists no breach, default, or event or condition which, with the giving of notice or the passage of time, or both, would constitute such a breach or default under any such default Existing Lease which has not been cured. All deposits required to have been delivered under all Existing Leases have been delivered and are currently being held by Property Owner or breach on the part of the landlordMaster Tenant or such party’s designee.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carey Watermark Investors Inc)

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