Common use of Space Leases Clause in Contracts

Space Leases. Attached hereto as Schedule 4.1(n-1) is a true and correct (in all material respects) rent roll (the “Rent Roll”) showing the applicable, expiration dates, and rent obligations under any leases, licenses or other agreements granting occupancy rights with respect to any portion of the Acquired Properties to any Person (the “Space Leases”). As of the date of the Rent Roll, the Space Leases listed on the Rent Roll in all material respects (i) constitute all the leases, licenses and occupancy agreements relating to the Acquired Properties under which the Seller or any of its Selling Subsidiaries is the holder of the landlord’s or licensor’s interest, (ii) have not been modified, supplemented, amended or guaranteed except as stated on Schedule 4.1(l), and (iii) contain the entire agreement between the relevant landlord and tenant or licensor and licensee named therein. Neither Seller nor any of its Subsidiaries have received written notice from any tenant under the Space Leases that such tenant is entitled to an offset or deduction of the rent payable under its Space Lease (excluding any rent abatements expressly set forth in such Space Lease). Each Space Lease represents the legally valid and binding obligation of the Seller or its Subsidiary party thereto, and, to the knowledge of such Seller, the legally valid and binding obligation of the other party or parties thereto, enforceable against the parties thereto in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar Laws affecting creditors’ rights generally and subject, as to enforceability, to general principles of equity. True and complete copies of such Space Leases and all amendments and guaranties thereof have been made available to the Buyer. Schedule 4.1(n-2) contains a true and complete list of all Leasing Costs that are outstanding as of the date hereof. Schedule 4.1(n-3) contains a true and complete (in all material respects) list of all security deposits (whether in the form of cash, letter of credit or otherwise) held by the Seller or any of its Selling Subsidiaries under such Space Leases. Except as set forth on r Schedule 4.1(n-4), as of the date hereof, neither the Seller nor any of its Selling Subsidiaries has delivered any written notice of monetary or non-monetary default with respect to any Space Lease that has not been cured, rescinded or waived. Except as set forth on Schedule 4.1(n-4), to the knowledge of the Seller, Seller has received no notice from any tenants requesting audits of any of the Books and Records of any of the Acquired Properties and no such audits remain outstanding or unresolved. To the knowledge of the Seller, except as set forth on Schedule 4.1(n-5), there are no subleases relating to the Acquired Properties.

Space Leases. Attached hereto as Schedule 4.1(n-14.1(m-1) is a true and correct (in all material respects) rent roll (the “Rent Roll”) showing the applicable, expiration dates, and rent obligations under any leases, licenses or other agreements granting occupancy rights with respect to any portion of the Acquired CIR III Properties to any Person (the “Space Leases”). As of the date of the Rent Roll, the Space Leases listed on the Rent Roll in all material respects (i) constitute all the leases, licenses and occupancy agreements relating to the Acquired CIR III Properties under which the such Seller or any of its Selling Subsidiaries is the holder of the landlord’s or licensor’s interest, (ii) have not been modified, supplemented, amended or guaranteed except as stated on Schedule 4.1(l4.1(k), and (iii) contain the entire agreement between the relevant landlord and tenant or licensor and licensee named therein. Neither such Seller nor any of its Subsidiaries have received written notice from any tenant under the Space Leases that such tenant is entitled to an offset or deduction of the rent payable under its Space Lease (excluding any rent abatements expressly set forth in such Space Lease). Each Space Lease represents the legally valid and binding obligation of the such Seller or its Subsidiary party thereto, and, to the knowledge of such Seller, the legally valid and binding obligation of the other party or parties thereto, enforceable against the parties thereto in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar Laws affecting creditors’ rights generally and subject, as to enforceability, to general principles of equity. True and complete copies of such Space Leases and all amendments and guaranties thereof have been made available to the Buyer. Schedule 4.1(n-24.1(m-2) contains a true and complete list of all Leasing Costs that are outstanding as of the date hereof. Schedule 4.1(n-34.1(m-3) contains a true and complete (in all material respects) list of all security deposits (whether in the form of cash, letter of credit or otherwise) held by the such Seller or any of its Selling Subsidiaries under such Space Leases. Except as set forth on r Schedule 4.1(n-44.1(m-4), as of the date hereof, neither the such Seller nor any of its Selling Subsidiaries has delivered any written notice of monetary or non-monetary default with respect to any Space Lease that has not been cured, rescinded or waived. Except as set forth on Schedule 4.1(n-44.1(m-4), to the knowledge of the such Seller, such Seller has received no notice from any tenants requesting audits of any of the Books and Records of any of the Acquired CIR III Properties and no such audits remain outstanding or unresolved. To the knowledge of the such Seller, except as set forth on Schedule 4.1(n-54.1(m-5), there are no subleases relating to the Acquired CIR III Properties.

Space Leases. Attached hereto as Section 4.1(k-1) of the Disclosure Schedule 4.1(n-1) is a true and correct (in all material respects) rent roll (the “Rent Roll”) showing the applicable, applicable expiration dates, and rent obligations under any leases, licenses or other agreements granting occupancy rights with respect to any portion of the Acquired Company Properties to any Person (the “Space Leases”). As of the date of the Rent Roll, the Space Leases listed on the Rent Roll in all material respects (i) constitute all of the leases, licenses and occupancy agreements relating to the Acquired Company Properties under which the Seller or any of its Selling Subsidiaries is the holder of the landlord’s or licensor’s interest, (ii) have not been modified, supplemented, amended or guaranteed except as stated on Schedule 4.1(l)Section 4.1(k) of the Disclosure Schedule, and (iii) contain the entire agreement between the relevant landlord and tenant or licensor and licensee named therein. Neither Seller nor any of its Subsidiaries Subsidiaries, nor to the knowledge of Seller, any Property Manager, have received written notice from any tenant under the Space Leases alleging that such tenant is entitled to an offset or deduction of the rent payable under its Space Lease (excluding any rent abatements expressly set forth in such Space Lease). Each Space Lease represents the legally valid and binding obligation of the Seller Companies or its their Subsidiary party thereto, and, to the knowledge of such Seller, the legally valid and binding obligation of the other party or parties thereto, enforceable against the parties thereto in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar Laws affecting creditors’ rights generally and subject, as to enforceability, to general principles of equity. True and complete copies of such Space Leases and all amendments and guaranties thereof have been made available to the Buyer. Section 4.1(k-2) of the Disclosure Schedule 4.1(n-2) contains a true and complete list of all Leasing Costs that are outstanding as of the date hereof. Section 4.1(k-3) of the Disclosure Schedule 4.1(n-3) contains a true and complete (in all material respects) list of all security deposits (whether in the form of cash, letter of credit or otherwise) held by the Seller any Company or any of its Selling Subsidiaries under such Space Leases and notes whether such security and other deposit is held as cash or a letter of credit. No Person, other than the Companies or any of their Subsidiaries, is holding any security or other deposits made by any tenant under the Space Leases. Except as set forth on r Schedule 4.1(n-4), as As of the date hereof, neither the Seller nor any of its Selling Subsidiaries has delivered or received any written notice of monetary or non-monetary default with respect to any Space Lease that has not been cured, rescinded or waived. Except as set forth on Schedule 4.1(n-4)Neither Company nor any of its Subsidiaries, nor to the knowledge of Seller, any other Person, is in material default under any Space Lease. As of the date hereof, to the knowledge of the Seller, Seller has received no notice from any tenants requesting audits of any of the Books and Records of any of the Acquired Company Properties and no such audits remain outstanding or unresolved. To the knowledge of the Seller, except as set forth on Schedule 4.1(n-5), there are no subleases relating to the Acquired Company Properties. Section 4.1(k-4) of the Disclosure Schedule sets forth a true and complete list as of the date set forth thereon of the tenant arrearages at the Company Properties for a period in excess of thirty (30) days with respect to the Space Leases.