Common use of Status Statement Clause in Contracts

Status Statement. (a) Tenant will, within ten (10) days after written request from Landlord, execute and deliver to Landlord, or to any actual or proposed lender, purchaser or assignee of Landlord, a statement or certificate ("Status Statement"), in such form as requested by Landlord, confirming (or, if such is not the case, stating Tenant's objections thereto): (i) that this Lease is unmodified and in full force and effect; (ii) the date of commencement and expiry of the Term and the dates to which Basic Rent and any other Rent, including any prepaid rent have been paid; (iii) whether or not there is any existing Event of Default by Tenant or any default by Landlord under this Lease (any such Event of Default or Landlord default, as the case may be, to be expressly identified); (iv) that there is no reason why the obligations of Tenant under this Lease may not be fully enforced in accordance with their terms and that there are no defences, counter claims or rights of set off in respect of any of the same; (v) the particulars of any outstanding obligations, if any, or Event of Default or Landlord default, if any, under any agreement between the parties, other than this Lease, which would affect the obligations of any of the parties pursuant to this Lease; and/or (vi) any other items reasonably requested to be confirmed or acknowledged by Landlord or an actual or prospective mortgagee or purchaser. (b) In addition to the foregoing, the Status Statement may also require Tenant to: (i) provide full details of the financial and credit standing and details of the corporate organization of Tenant, including audited financial statements for such period of time as Landlord may require; and (ii) agree, confirm and acknowledge that Tenant will not agree to any amendment, surrender or early termination of this Lease and will not prepay any Rent by more than one ( 1) month beyond the specific terms hereof, without the prior written consent of any mortgagee or assignee of Landlord to which the Status Statement is given. (c) It is hereby understood and agreed that the Status Statement is intended to be relied upon by Landlord or an actual or prospective lender, purchaser and assignee of any interest of Landlord under this Lease or in the Project.

Status Statement. (a) Tenant willshall, within ten (10) days after written request from Landlord, execute and deliver to Landlord, or to any actual or proposed lender, purchaser or assignee of Landlord, a statement or certificate ("“Status Statement"”), in such form as requested by Landlord, confirming (or, if such is not the case, stating Tenant's ’s objections thereto): (i) that this Lease is unmodified and in full force and effect; (ii) the date of commencement and expiry of the Term and the dates to which Basic Rent and any other Rent, including any prepaid rent have been paid; (iii) whether or not there is any existing Event of Default by Tenant or any default by Landlord either party under this Lease (any such Event of Default or Landlord default, as the case may be, defaults to be expressly identified); (iv) that there is no reason why the obligations of Tenant under this Lease may not be fully enforced in accordance with their terms and that there are no defences, counter claims or rights of set off in respect of any of the same; (v) the particulars of any outstanding obligations, if any, or Event of Default or Landlord default, if any, under any agreement between the parties, other than this Lease, which would affect the obligations of any of the parties pursuant to this Lease; and/or (vi) any other items reasonably requested to be confirmed or acknowledged by Landlord or an actual or prospective mortgagee or purchaser. (b) In addition to the foregoing, the Status Statement may also require Tenant to: (i) provide full details of the financial and credit standing and details of the corporate organization of Tenant, including audited financial statements for such period of time as Landlord may require; and (ii) agree, confirm and acknowledge that Tenant will not agree to any amendment, surrender or early termination of this Lease and will not prepay any Rent by more than one ( (1) month beyond the specific terms hereof, without the prior written consent of any mortgagee or assignee of Landlord to which the Status Statement is given. (c) It is hereby understood and agreed that the Status Statement is intended to be relied upon by Landlord or an actual or prospective lender, purchaser and assignee of any interest of Landlord under this Lease or in the Project.

Status Statement. (a) Tenant, upon not less than 10 days’ prior Notice from Landlord, shall execute, acknowledge and deliver to Landlord and, at Landlord’s request, addressed to any prospective purchaser, ground or underlying lessor or creditor under a mortgage or hypothec of the Building or the Land, a certificate of Tenant willstating: (i) that Tenant has accepted the Premises, within or, if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons therefor; (ii) the Commencement Date and Expiration Date of the Lease; (iii) that the Lease is unmodified and in full force and effect, or if there have been modifications, that the same is in full force and effect as modified, and stating the modifications; (iv) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under the Lease and, if so, specifying the same; (v) whether or not to the actual knowledge of Tenant, there are then existing any defaults by Landlord in the performance of its obligations under the Lease, and, if so, specifying the same; (vi) the dates, if any, to which the Rent and other charges under the Lease have been paid; and (vii) any other information which may reasonably be required by any such persons It is intended that any such certificate of Tenant delivered pursuant to this Section 14.2 may be relied upon by the Trustee or any prospective purchaser or Mortgagee. (b) Landlord at any time and from time to time, upon not less than ten (10) days after written request prior Notice from LandlordTenant, execute shall execute, acknowledge and deliver to LandlordTenant, or to any actual or proposed lender, purchaser or assignee of Landlordwhomsoever Tenant may direct, a statement or certificate ("Status Statement"), in such form as requested by Landlord, confirming (or, if such is not the case, writing stating Tenant's objections thereto): (i) that this Lease is unmodified and in full force and effect; effect (iior if there has been modification, that the same is in full force and effect as modified) and the date of commencement and expiry of the Term and the dates to which Basic Rent rents and any other Rent, including any prepaid rent monies payable under this Lease have been paid; (iii) , and stating whether or not there is any existing Event of Default by Tenant or any default by Landlord under this Lease (any such Event of Default or Landlord default, as the case may benot, to be expressly identified); (iv) that there the best knowledge of Landlord, Tenant is no reason why the obligations of Tenant under this Lease may not be fully enforced in accordance with their terms and that there are no defences, counter claims or rights of set off in respect default of any of the same; (v) the particulars of any outstanding obligationscovenant, if any, agreement or Event of Default or Landlord default, if any, under any agreement between the parties, other than condition contained in this Lease, and if so specifying each such default of which would affect the obligations of any of the parties pursuant to this Lease; and/or (vi) any other items reasonably requested to be confirmed or acknowledged by Landlord or an actual or prospective mortgagee or purchaser. (b) In addition to the foregoing, the Status Statement may also require Tenant to: (i) provide full details of the financial and credit standing and details of the corporate organization of Tenant, including audited financial statements for such period of time as Landlord may require; and (ii) agreehave knowledge, confirm and acknowledge it being intended that Tenant will not agree to any amendment, surrender or early termination of this Lease and will not prepay any Rent by more than one ( 1) month beyond the specific terms hereof, without the prior written consent of any mortgagee or assignee of Landlord to which the Status Statement is given. (c) It is hereby understood and agreed that the Status Statement is intended to such statement delivered pursuant hereto may be relied upon by Landlord or an actual or prospective lender, purchaser and assignee of any interest of Landlord under in this Lease or in the ProjectLease.

Status Statement. Within five (a) Tenant will, within ten (105) days after written any request from Landlord, execute and deliver to therefore by the Landlord, or upon any sale, assignment, lease or mortgage of the Leased Premises or the Lands or the Building or any part thereof by the Landlord, the Tenant shall in each instance execute, acknowledge and deliver, in a form supplied by the Landlord, a status statement to the Landlord or to any actual or proposed lenderassignee, Mortgagee, purchaser or assignee of Landlord, a statement or certificate any other Person designated by the Landlord ("Status Statement"), in such form as requested by Landlord, confirming collectively “designatees”) stating (or, if such is not the case, stating Tenant's objections thereto): (ia) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and identifying the modification agreements) or, if this Lease is not in full force and effect, the statement shall so state; (iib) the Commencement Date and expiry date of commencement and expiry of the Term and the dates to which Basic Rent and any other Rent, including any prepaid rent have been paidthis Lease; (iiic) the amount of Rent being paid and the last date to which Rent has been paid under this Lease, and the amount of any Advance Rent or any Security Deposit or any other deposit or Letter of Credit held by the Landlord; (d) whether or not there is any existing Event of Default by Tenant or any default by Landlord the Tenant in the payment of any Rent or other sum of money under this Lease, and whether or not there is any other existing or alleged default by either party under this Lease (with respect to which a notice of default has been served and, if there is any such Event of Default or Landlord default, as specifying the case may be, to be expressly identified)nature and extent thereof in reasonable detail; (ive) that whether there is no reason why are any set-offs, defences or counterclaims against enforcement of the obligations of to be performed by the Tenant under this Lease may not be fully enforced in accordance with their terms and that there are no defences, counter claims or rights of set off in respect of any of the sameLease; (vf) with reasonable particularity, details respecting the particulars of Tenant’s and any outstanding obligationsIndemnifier’s financial standing and corporate organization; (g) that the Landlord’s Work, if any, as set out in a Schedule to this Lease or Event of Default or Landlord default, if any, under as set out in any other agreement between the partiesparties hereto relating to the Leased Premises, other than this Lease, which would affect has been completed and that the obligations of any Tenant is in possession of the parties pursuant to this Lease; and/or (vi) any other items reasonably requested to be confirmed or acknowledged by Landlord or an actual or prospective mortgagee or purchaser. (b) In addition to the foregoing, the Status Statement may also require Tenant to: (i) provide full details of the financial and credit standing and details of the corporate organization of Tenant, including audited financial statements for such period of time as Landlord may requireLeased Premises; and (iih) agree, confirm and acknowledge that Tenant will not agree such other matters relating to any amendment, surrender or early termination of this Lease and will not prepay as the Landlord or any Rent by more than one ( 1) month beyond the specific terms hereof, without the prior written consent of any mortgagee or assignee of Landlord to which the Status Statement is given. (c) It is hereby understood and agreed that the Status Statement is intended to its designatees reasonably requires. Any statement delivered under this Section 10.01 may be conclusively relied upon by Landlord or an actual any purchaser or prospective lender, purchaser and assignee or any Mortgagee of any interest of Landlord under this Lease the fee or in the Projectleasehold.

Status Statement. (a) Tenant willshall, within ten (10) days after written request from Landlord, execute and deliver to Landlord, or to any actual or proposed lender, purchaser or assignee of Landlord, a statement or certificate ("Status Statement"), in such form as requested by Landlord, confirming (or, if such is not the case, stating Tenant's objections thereto): (i) that this Lease is unmodified and in full force and effect, or particulars of any such modifications or stating that this Lease is not in full force and effect if such is the case; (ii) the date of commencement and expiry of the Term and the dates to which Basic Rent and any other Rent, including any prepaid rent have been paid; (iii) whether or not there is any existing Event of Default by Tenant or any default by Landlord either party under this Lease (any such Event of Default or Landlord default, as the case may be, defaults to be expressly identified); (iv) that there is no reason why the obligations of Tenant under this Lease may not be fully enforced in accordance with their terms and that there are no defencesdefenses, counter claims or rights of set off in respect of any of the same; (v) the particulars of any outstanding obligations, if any, or Event of Default or Landlord default, if any, under any agreement between the parties, other than this Lease, which would affect the obligations of any of the parties pursuant to this Lease; and/or (vi) any other items reasonably requested to be confirmed or acknowledged by Landlord or an actual or prospective mortgagee or purchaser. (b) In addition to the foregoing, the Status Statement may also require Tenant to: (i) provide full details of the financial and credit standing and details of the corporate organization of Tenant, including audited financial statements for such period of time as Landlord may require; and (ii) agree, confirm and acknowledge that Tenant will not agree to any amendment, surrender or early termination of this Lease and will not prepay any Rent by more than one ( 1) month beyond the specific terms hereof, without the prior written consent of any mortgagee or assignee of Landlord to which the Status Statement is given. (c) It is hereby understood and agreed that the Status Statement is intended to be relied upon by Landlord or an actual or prospective lender, purchaser and assignee of any interest of Landlord under this Lease or in the Project. (c) Landlord shall, within ten (10) days after written request from Tenant, execute and deliver to Tenant or to any actual or proposed lender, purchaser or assignee of Tenant (“Tenant Assignee"), a statement or certificate in such form as requested by Tenant stating with reasonable particularity such items stipulated in such form (if such is the case, or stating with reasonable particularity the manner in which such may not be the case) which may include without limitation: (i) that this Lease is unmodified and in full force and effect, or particulars of any such modifications or stating that this Lease is not in full force and effect if such is the case; (ii) the date of commencement and expiry of the Term and the dates to which Basic Rent and any other Rent, including any prepaid rent have been paid; (iii) whether or not there is any existing default by either party under this Lease and, if so, specifying such default; (iv) that there is no reason why the obligations of Landlord under this Lease may not be fully enforced in accordance with their terms and that there are no defenses, counter claims or rights of set-off in respect of any of the same; (v) to its knowledge particulars of any outstanding obligations, if any, or default, if any, under any other agreement between the parties which would affect the obligations of any of the parties pursuant hereto; and (vi) any other items reasonably requested to be confirmed or acknowledged by Tenant or any Tenant Assignee.

Status Statement. Within seven (a) Tenant will, within ten (107) days after written request from Landlordrequest, execute the Tenant will sign and deliver to Landlord, the Landlord or anyone with or proposing to any actual take an interest in all or proposed lender, purchaser or assignee part of Landlordthe Development, a status statement or certificate ("Status Statement"), in such form as requested by Landlord, confirming (or, if such is not the casecertificate, stating Tenant's objections thereto): (i) that this Lease is unmodified and in full force and effect; (ii) , any modifications to this Lease, the date of commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Landlord, whether there is any existing default on the part of the Term Landlord and the particulars thereof, the dates to which Basic Rent and any other the Rent, including any prepaid rent by instalment or otherwise and other sums payable under the Lease have been paid; (iii) , the particulars and amount of insurance policies on the Premises in which the interest of the Landlord is noted, the amount of prepaid Rent or security deposit being held by the Landlord, the area of the Premises and the Tenant's proportionate share for payment of Taxes, Operating Costs or other expenses, whether all Landlord's work in construction of the Premises or any leasehold improvements has been completed and whether or not there is any existing Event of Default by Tenant or any default by Landlord under this Lease (any such Event of Default or Landlord defaultclaim, as the case may becharge, defence, right to be expressly identified); (iv) that there is no reason why the obligations of Tenant under this Lease may not be fully enforced in accordance with their terms and that there are no defences, counter claims or rights of set off or counter-claim by the Tenant against the Landlord in respect of Rent or otherwise and any other information reasonably required by the party requesting it. Any statement delivered under this Section may be conclusively relied on by any purchaser or prospective purchaser or any Mortgagee of the same; (v) fee or the particulars of leasehold or any outstanding obligationsother sub-lessee or prospective sub-lessee, if any, or Event of Default or Landlord default, if any, under except for any agreement between the parties, other than this Lease, which would affect the obligations of any default of the parties pursuant Landlord of which the Tenant does not have notice at the date of the statement. If the Tenant fails to this Lease; and/or execute and deliver any such statement within seven (vi7) any other items reasonably requested to be confirmed or acknowledged days of written request by Landlord or an actual or prospective mortgagee or purchaser. (b) In addition to the foregoingLandlord, the Status Statement may also require Tenant to: (i) provide full details Landlord shall have the right to execute and deliver the statement by and on behalf of the financial Tenant and credit standing and details of such statement shall be binding on the corporate organization of Tenant, including audited financial statements for such period of time as Landlord may require; and (ii) agree, confirm and acknowledge that Tenant will not agree to any amendment, surrender or early termination of this Lease and will not prepay any Rent by more than one ( 1) month beyond the specific terms hereof, without the prior written consent of any mortgagee or assignee of Landlord to which the Status Statement is given. (c) It is hereby understood and agreed that the Status Statement is intended to be relied upon by Landlord or an actual or prospective lender, purchaser and assignee of any interest of Landlord under this Lease or in the Project.;