Required Estoppels. At least one (1) Business Day prior to the Closing Date, Seller shall have obtained and delivered to Purchaser a Lease Certificate duly executed by or on behalf of, (a) Wachovia Securities Financial Holdings, LLC trading as Wachovia Bank, N.A., Hunton & Wxxxxxxx LLP and LxXxxxx Xxxx, and (b) other tenants under Leases at the Property covering fifty percent (50%) of the remaining rentable office and retail square footage of the Improvements that are subject to Leases as of the Closing, exclusive of the rentable office and retail square footage leased to the tenants set forth in clause (a) of this Section 8.1.2, (i.e., said 50% being equal to 109,781 rentable square feet) (collectively, the “Required Estoppels”). Notwithstanding anything to the contrary contained herein, Purchaser shall not be obligated to accept any Lease Certificate as satisfying the requirements of this Section 8.1.2 (an “Unacceptable Lease Certificate”) which discloses any materially adverse matters that are not disclosed in Seller’s representations and warranties hereunder or in the applicable Leases, and if such Lease Certificate is deemed to be an Unacceptable Lease Certificate, the same shall not apply to the satisfaction of the condition to Closing set forth in this Section 8.1.2; provided, however, that the foregoing shall not limit Seller’s right to deliver a Seller’s Estoppel Statement pursuant to Section 8.3.2 of this Agreement in lieu of any Unacceptable Lease Certificate. In any Lease Certificate, other than any Lease Certificate relating to a Major Listed Tenant, any omission, qualification or limitation of or to the statement set forth in paragraph 17 of the form of certificate attached as Exhibit E-1, shall not cause a Lease Certificate to be deemed an Unacceptable Lease Certificate.
Required Estoppels. At or before the Closing, and as a condition to Purchaser's obligation to close, the Sellers shall cause Owner (and/or VCR, as applicable) to deliver to Purchaser the following estoppel letters:
Required Estoppels. Transferee's obligation to consummate the Closing hereunder shall be conditioned upon its receipt of the following estoppel letters (the "Required Estoppel Letters"): (a) Estoppel letters from all Anchors which are parties to Operating Agreements (other than Xxxxxx-Xxxxxx Corporation dba Target Stores with respect to Village at Rivergate), such estoppel letters to be in substantially the forms annexed hereto as Exhibit T; provided, however, that if any Operating Agreement provides for the form or content of an estoppel letter, Transferee shall, subject to Section 15.03, accept an estoppel letter as called for therein if Anchor refuses to execute one in the form annexed hereto as Exhibit T after being requested to do so by Transferor. (b) Estoppel letters (i) from all Anchors which are Tenants under Leases, if any, such estoppel letters to be in substantially the forms annexed hereto as Exhibit T, (ii) from all but three or fewer Tenants (excluding Anchors) leasing more than 10,000 square feet of gross leasable area under any Lease and (iii) from Tenants (other than Anchors and other Tenants leasing more than 10,000 square feet of gross leasable area in any Center) under Leases in effect as of the date hereof providing for aggregate currently payable minimum rents equal to 75% of the total currently payable minimum rents payable under all Leases with such Tenants, such estoppel letters to be in substantially the form annexed hereto as Exhibit U; provided, however, that if any Lease provides for the form or content of an estoppel letter, Transferee shall, subject to Section 15.03, accept an estoppel letter as called for therein if any Tenant refuses to execute one in the form annexed hereto as Exhibit U after being requested to do so by Transferor. (c) Each Required Estoppel shall be dated no earlier than 90 days prior to the Closing Date (but in any event on or after May 29, 1998 and no later than three Business Days prior to the Closing Date); provided, however, that each Required Estoppel shall be dated such lesser period (but not less than 60 days) prior to the Closing Date if required by the lender of the indebtedness required pursuant to Section 3.06(a), but only if Transferee has not adjourned (90)
Required Estoppels. Transferees' obligation to consummate the Closing hereunder shall be conditioned upon its receipt of the following estoppel letters, each to be dated no earlier than June 9, 1998 (the "Required Estoppel Letters"):
Required Estoppels. At or before the Closing Equitable shall deliver to Purchaser the following estoppel letters:
Required Estoppels. (r) Notices to all of the Tenants executed by Seller notifying the Tenants of the purchase and sale in the form attached hereto as EXHIBIT T. Delivery by Seller of all items relating to the operation, management and leasing of the Real Property shall be made by leaving such items at the Real Property provided Seller acknowledges receipt thereof.
Required Estoppels. Buyer's obligation to consummate the Closing hereunder shall be conditioned upon its receipt on or before the expiration of the Due Diligence Period (as the same may be extended) of the following estoppel letters (the "Required Estoppel Letters"), addressed to Seller and Buyer (the failure of which condition will entitle Buyer at its option to terminate this Agreement and receive an immediate refund of the Deposit):
Required Estoppels. Purchaser’s obligation to consummate the Closing hereunder shall be conditioned upon its receipt at least three (3) Business Days prior to the Closing Date of the following estoppel letters (the “Required Estoppel Letters”), subject to Section 5.02, addressed to Seller and Purchaser:
Required Estoppels. At or before the Closing, Equitable shall deliver to Purchaser estoppel letters (a) from all Anchors and all other Tenants leasing 10,000 or more square feet of gross leasable area and (b) from 75% (by base rent and gross leasable area) of all Tenants at the Mall which are not Anchors or Tenants described in clause (a) above, such estoppel letters to be in substantially the form annexed hereto as Exhibit P (in the case of Anchors) or Exhibit Q (in the case of all other Tenants); provided, however, that if any Lease provides for the form or content of an estoppel letter, Purchaser shall accept an estoppel letter as called for therein if any Tenant refuses to execute one in the applicable form annexed hereto as an exhibit after being requested to do so by Equitable. Each estoppel letter provided for above shall be dated no earlier than 45 days prior to the Closing Date. If Equitable shall deliver to Purchaser 50 or more estoppel letters within five (5) Business Days prior to the Closing, Purchaser shall have the right, by giving notice to Equitable of its election to do so, to adjourn the Closing to a day which is the fifth (5th) Business Day after its receipt of the last such estoppel letter (or if such day is not a Business Day, to the next Business Day). The right provided for in the preceding sentence shall be exercisable by Purchaser notwithstanding the fact that Purchaser may have theretofore fully utilized its rights of adjournment under Section 5.01. For purposes of this Section 17.01, the term "Tenant" shall not include Tenants under Leases that are licenses and concession agreements which have original 47 terms, as they may be extended by renewal rights, of less than six (6) months.
Required Estoppels. 84 SECTION 15.02. Transferor's Estoppels . . . . . . . 85 SECTION 15.03. Variance Between Estoppels and Forms Annexed as Exhibits. . . . . . . . .
