Rent Roll; Leases. To Seller's knowledge as of the Effective Date, each of the Rent Roll, the Delinquency Report and the Concession Report delivered to Purchaser pursuant to Section 4.1 is a true and correct copy, in all material respects, of the Rent Roll, the Delinquency Report and the Concession Report, as applicable, that Seller utilizes in the ordinary course of owning and operating the Property. To Seller's knowledge as of the date of delivery, any updated Rent Roll (if any, and without any obligation to deliver same except as may be expressly required in this Agreement) that may be delivered by Seller to Purchaser after the Effective Date is a true and correct copy, in all material respects, of the Rent Roll, the Delinquency Report and the Concession Report, as applicable, that Seller utilizes in the ordinary course of owning and operating the Property. Except as may be reflected by the Property Documents, the Title Commitment or otherwise disclosed in writing to Purchaser during the Inspection Period, Seller has not granted to any tenant, or any other person, entity or association, an option to purchase, right of first refusal, right of first offer or other similar right in respect of all or any portion of the Real Property. Except as set forth on the Rent Roll, there are no security deposits or other deposits held by Seller under the Leases. Except as set Exhibit M, List of Existing Loan Documents M-30 forth on the Concession Report, no tenant that is in occupancy at the Property as of the Effective Date is entitled to rental concessions or abatements for any period subsequent to the Closing Date.
Rent Roll; Leases. As of the Effective Date, (i) the rent roll attached hereto as Schedule 3.05(b) (the “Rent Roll”) is true, complete and correct as of the Effective Date and (ii) the Borrowing Base Properties are not subject to any Leases other than the Leases described in the Rent Roll. Each Postal Lease for each Borrowing Base Property is a Qualifying Lease. No Person has any possessory interest in, or right to occupy, any Borrowing Base Property except under the terms of the Postal Lease. No Postal Lease for any Borrowing Base Property, nor the rents payable thereunder, have been assigned or pledged to any Person except to Administrative Agent. As of the Effective Date, the Borrower has delivered to Administrative Agent true, correct and complete copies of all Postal Leases in effect on the Effective Date.
Rent Roll; Leases. To Seller’s Knowledge, the rent roll and schedule of Security Deposits (collectively, the “Rent Roll”) attached hereto as Schedule 3.2(b-1), is true, correct and complete in all respects, is the actual Rent Roll that Seller and Property Manager use and rely upon in conducting their activities at the Property, and includes a list of all leases, licenses and occupancy agreements relating to: (i) the occupancy of the Property and (ii) the rental of parking spaces at the Property (together with any amendments, renewals, extensions, supplements, modifications, addendums, guarantees and security deposits thereof and all New Leases entered into in accordance with Section 5.1(m) hereof) (collectively, the “Leases”). Except as set forth in the arrearages report attached hereto as Schedule 3.2(b-2), all Rents (as hereinafter defined) are being collected on a current basis and there are no Rent defaults by any tenant and no tenant has paid rent or other charges due under any Lease more than thirty (30) days in advance. All the Leases are in full force and effect. Neither Seller nor, to Seller’s Knowledge, any other party is in default with respect to any of its obligations or liabilities pertaining to the Leases, except as disclosed to Buyer by Seller in delinquency or aged receivables reports or otherwise communicated to Buyer by Seller in writing. No tenant, occupant or licensee is entitled to any tenant concessions, inducements, refunds, rebates, discounts, free rent periods or other similar arrangement (outstanding or otherwise) and no tenant has claimed or asserted, or has the right to, any defenses, counterclaims, set-offs, offsets or abatements of or against the rent or any other charges payable under its Lease. True, correct and complete copies of the Leases have been made available to the Buyer. Seller is the landlord under each Lease and has not assigned, mortgaged, pledged, sublet, hypothecated or otherwise encumbered any of its rights or interests under any of the Leases. No Lease grants a lease, license or right to use or occupy any portion of the Property primarily for any commercial purpose. To Seller’s Knowledge, Xxxxxx has complied in all material respects with all applicable laws regarding the handling of tenant Security Deposits.
Rent Roll; Leases. There is no rent roll applicable to any tenant or Lease. There are no tenant leases (“Leases”) affecting the Property as of the Effective Date.
Rent Roll; Leases. A current rent roll ("Rent Roll") for the Property, which Rent Roll shall include, without limitation, for each Lease, the tenant's name, address, lease date, square footage of the space occupied and suite number, lease commencement and termination date, security deposit, monthly rental (including any and all rent step ups) and all other charges payable under such Lease (including a description of the base year and the tenant's share of CAM reimbursements), and a description of any extension, renewal or expansion options or rights of first offer or refusal with respect to the Property, together with copies of all Leases affecting the Property;
Rent Roll; Leases. (i) the Rent Roll attached hereto as Schedule 5.01(c) (the “Rent Roll”) is the current rent roll for the Property which, to Seller’s knowledge, is true, correct and complete in all material respects effective as of the date set forth thereon and (ii) the Rent Roll is the Rent Roll Seller uses and relies upon in the ordinary course of operating the Property. Except as stated in the Rent Roll (as of the Effective Date) or the Rent Roll delivered at Closing (as of the Closing Date), there are no other written (or, to Seller’s knowledge, unwritten) leases, subleases, licenses or other occupancy agreements which grant any possessory interest in and to any space situated on or in the Improvements or other portions of the Property. To Seller’s knowledge, Seller has delivered to Purchaser true, correct, and complete copies of the Leases.
Rent Roll; Leases. The rent roll for the Property (the “Rent Roll” is attached hereto as Exhibit F).
Rent Roll; Leases. Borrower shall have delivered to Lender a current rent roll for the Property containing such detail as Lender may reasonably request. Lender shall have received estoppel certificates and subordination, non-disturbance, and attornment agreements from the tenant of the Gaia Lease. No tenant shall be in default under its applicable Approved Lease and no Material Adverse Event shall have occurred with respect to any such tenant.
Rent Roll; Leases. The rent roll provided by Seller (“Rent Roll”) is a true and correct list of all of the Leases presently in force and affecting the Real Property and truly, accurately, fully and completely sets forth the information to be contained therein, including the lease term and rental, information noted thereon; all of the Leases are in full force and effect and no amendment, modification or supplement of any kind of any of such Leases exists other than as specified on the Rent Roll; and all rental and other payments due under the Leases as of the Effective Date has been paid in full, except as noted on the Aged Delinquency Report. Other than as set forth on the Rent Roll, there are no leases, rental agreements or occupancy agreements for use or occupancy of any portion of the Real Property. The Rent Roll is the rent roll maintained by Seller and relied on by Seller for internal administration and accounting purposes in its day to day operations. To Seller’s actual knowledge, no tenant under any Lease is in material default under the applicable Lease, except as disclosed by the Aged Delinquency Report. Seller has complied in all material respects with Seller’s duties and obligations as “lessor” or “landlord” under the Leases.
