Landlord Estoppel. Landlord shall, within ten (10) business days after receipt of a written request from Tenant, execute and deliver to Tenant a statement certifying: (a) the date of commencement and expiration of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this Lease is in full force and effect, as modified and stating the date and general title of any such modification documents,); (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that, to Landlord’s actual knowledge, there are no current defaults under this Lease by either Landlord or Tenant except as specified in Landlord’s statement; and (e) such other factual matters as may be reasonably requested by Tenant. Landlord may correct any factual errors or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor of Tenant. Landlord irrevocably agrees that if Landlord fails to execute and deliver such certificate within such ten (10) business day period, Tenant may provide to Landlord a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE AN EVENT OF DEFAULT”. If Landlord fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Tenant) within a five (5) business day period following the receipt of Tenant’s second written request therefor.
Landlord Estoppel. Within ten (10) business days after request therefor by Tenant, Landlord shall also certify that (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that this Lease as modified is in full force and effect); (ii) the dates to which Rent has been paid; (iii) whether or not to the best knowledge of Landlord without any duty to investigate, Tenant is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which Landlord may have knowledge.
Landlord Estoppel. Landlord shall, within fifteen (15) days following written request by Tenant, execute and deliver to Tenant an estoppel certificate, in the form prepared by Tenant,(a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Landlord's knowledge, any uncured defaults on the part of Tenant, or, if there are uncured defaults on the part of the Tenant, stating the nature of such uncured defaults, and (c) such other matters as may be reasonably requested by Tenant. Landlord's failure to deliver an estoppel certificate within fifteen (15) days after delivery of Tenant's written request therefor shall be conclusive upon Landlord (a) that this Lease is in full force and effect, without modification except as may be represented by Tenant,(b) that there are now no uncured defaults in Tenant's performance, and (c) that no Rent has been paid in advance. If Landlord fails to so deliver a requested estoppel certificate within the prescribed time it shall be conclusively presumed that this Lease is unmodified and in full force and effect except as represented by Tenant.
Landlord Estoppel. The Company, Representative, and/or Sellers shall have shall have obtained and delivered to Purchaser a landlord estoppel certificate executed by the landlord under the Lease (the “Landlord Estoppel”) (together with a consent of such landlord to the transactions contemplated by this Agreement) in connection with the Lease. The Landlord Estoppel shall confirm the status of the Lease, including that the Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect as modified and identifying the modification agreements); whether or not there is any existing or alleged default by either party with respect to which a notice of default has been served, or any facts exist which, with the passing of time or giving of notice, would constitute a default and, if there is any such default or facts, specifying the nature and extent thereof; the amount of Base Rent, Additional Rent, and TIA Rent (as such terms are defined in the Lease) being paid and the dates to which same have been paid; confirming that the landlord (or its affiliate) has acquired title to the Adjacent Parcel (as defined in the Lease); and the amount of the Tenant Improvement Allowance (as defined in the Lease) disbursed under the Lease, any amounts scheduled to be disbursed, and the remaining amount of the Tenant Improvement Allowance that remains available to the tenant under the Lease.
Landlord Estoppel. Landlord shall, at any time and from time to time, within ten (10) days following written notice by Tenant, execute, acknowledge and deliver to Tenant a statement in writing prepared by Tenant and edited by Landlord, as appropriate, certifying that the Lease is unmodified and in full force and effect (or that there have been modifications, that the same is in full force and effect as modified and stating the modifications), the dates to which Tenant has paid rent, adjustments to rent, and other charges paid in advance, if any, stating whether or not to the best knowledge of Landlord, Tenant is in default in the performance of any covenant, agreement or condition contained in the Lease and, if so, specifying each such default of which Landlord may have knowledge, or containing any other information and certifications which reasonably may be requested by Tenant, any proposed assignee or subtenant of Tenant, or any proposed lender of Tenant. Any such statement, delivered pursuant to this subsection, may be relied upon by any proposed assignee or subtenant or any proposed lender of Tenant.
Landlord Estoppel. Cedar shall have received an estoppel certificate (the "Landlord Estoppel") duly executed by Interstate to be dated not more than thirty (30) days prior to the Closing Date. The Landlord Estoppel shall certify the annual base rent and additional rent for the Leasehold Property, that the Leasehold Documents are in full force and effect, and that Interstate (i) has not delivered any notice of default under the Leasehold Documents that remains uncured, and (ii) does not have knowledge of any default under the Leasehold Documents. The Owners shall deliver the original executed Landlord Estoppel to Cedar as and when the same is received by the Owners, but in no event later than five (5) Business Days prior to the Closing Date. If the Landlord Estoppel shall reveal facts, conditions or circumstances which result or may result in a material adverse change in the financial condition of the Property, or are inconsistent in any material respect with the representations of the Owners set forth in Section 4.1 above, then Cedar may disapprove the same by notice delivered to the Owners promptly following Cedar's receipt of the Landlord Estoppel, in which case the condition set forth in this Section 7.2.1E shall be deemed not to have been satisfied.
Landlord Estoppel. Landlord agrees, at any time and from time to time, upon not less than fifteen (15) days’ prior written notice by Tenant, to execute, acknowledge and deliver to the requesting party a statement in writing, substantially in the form attached hereto as Exhibit K, (i) certifying, if true, that this Lease is unmodified and in full force and effect (or if there have been any modifications, that the Lease is in full force and effect as modified and stating the modifications); (ii) stating the dates to which the rent and any other charges hereunder have been paid by Tenant; (iii) stating whether or not, to the best knowledge of Landlord, Tenant is in default in the performance of any covenant, agreement or condition contained in this Lease, and if so, specifying the nature of such default; (iv) stating the address to which notices to Landlord are to be sent; and (v) stating such other information as Tenant may reasonably request. Tenant may give any such statement by Landlord to any lender, prospective lender, assignee, subtenant or purchaser of all or any substantial part of Tenant or its assets, or any purchaser of Tenant’s assets in the Building and any such party may rely upon such statement as of the date set forth in the statement. If Landlord fails to respond within the time period set forth above, then Tenant shall deliver a notice accompanied by a second copy of the same estoppel, and if Landlord fails thereafter to respond within five (5) Business Days from receipt of such second copy, then Landlord shall be deemed have assented to all matters set forth in good faith therein.
Landlord Estoppel. Prior to Closing, Seller shall exert its good faith efforts to obtain from the fee owner of each Leasehold Property an estoppel in the form attached hereto as Exhibit K (the “Landlord Estoppel”).
Landlord Estoppel. For each of the Real Property Leases, a landlord’s estoppel certificate and consent to assignment in form and substance satisfactory to Purchaser from the applicable landlord.
Landlord Estoppel. Borrower shall use its diligent efforts to obtain and deliver to Lender from time to time within ten (10) days after written demand by Lender, an estoppel certificate from the landlord under the Ground Lease, as requested by Xxxxxx, setting forth: (i) the name of the landlord under the Ground Lease, (ii) that the Ground Lease has not been modified or, if it has been modified, the date of each modification (together with copies of each such modification), (iii) the basic rent and additional rent payable under the Ground Lease, (iv) the date to which all rental charges have been paid by the tenant under the Ground Lease, and (v) whether there are any alleged defaults of the tenant under the Ground Lease or if there are any events which have occurred which with notice, passage of time or both, would constitute a default under the Ground Lease, and, if there are, setting forth the nature thereof in reasonable detail.
