Common use of Tenant Certifications Clause in Contracts

Tenant Certifications. The Tenant certifies to the Lender that: a. The Lease is presently in full force and effect, represents the entire agreement between Tenant and Borrower, as landlord (“Landlord”) and has not been modified, changed, altered, amended or supplemented in any respect (except as may be indicated at the end of this subparagraph 1a). Tenant has no present (accrued) right to cancel or terminate the Lease under the terms thereof or otherwise. (If any amendments are listed in this section, the same shall be included in the term “Lease” as used herein.) b. The term of the Lease commenced on and the Lease terminates on and rent has been paid through and including . If there are any rights of extension or renewal remaining under the terms of the Lease, the same have not, as of this date, been exercised. c. The fixed minimum rent being paid is $ per month, excluding operating expenses, CAM, tax and insurance costs and similar charges owed pursuant to the Lease. As of the date hereof, Tenant has no accrued right or offset as to any free rent, partial rent, rebate of rent payments or other rental concession, except for the free rent period set forth in Section 2.5 of the Lease. No rent has been paid in advance of the due date thereof. d. The Premises contains 85,430 square feet of space and Tenant is in possession of the Premises and business is being conducted by the Tenant in the Premises on a regular basis. The construction and delivery of all improvements required by the terms of the Lease, to be made by the Landlord thereunder, including, without limitation, parking and common areas, have been satisfactorily completed and any and all obligations of Landlord of an inducement nature, concessions, payments or abatements in rent under the Lease, or otherwise, have been paid or satisfied in full by Landlord. e. A security deposit of $3,000,000 has been paid to the Borrower as Landlord under the Lease. With the exception of the payment of such security deposit, no rent under the Lease has been paid in advance of its due date. f. No notice of default under the Lease has been given by Tenant to Landlord; no notice of default has been received by Tenant from Landlord and, to the best of Tenant’s knowledge, information and belief, as of the date hereof (a) no condition exists which might give rise to a default under the Lease and (b) no claim of any nature exists by Tenant under the Lease against Landlord or the Premises. g. The Lease contains and Tenant has no outstanding options to purchase or rights of first refusal to purchase the Premises nor any part of the Property. h. Tenant has not assigned, mortgaged, sublet, encumbered or otherwise transferred any of its interest under the Lease and has received no notice of any assignment, mortgage or encumbrance of the Lease by Landlord other than the Mortgage. i. The conduct of Tenant’s business falls within the uses stipulated in the Lease. To the best of Tenant’s knowledge, neither Tenant nor Landlord, is in violation of any exclusive use, radius or non-competition clause in the Lease.

Tenant Certifications. The Tenant hereby certifies to the Lender and agrees that: a. The Lease is presently in full force and effect, represents the entire agreement between Tenant . b. All payments of rent and Borrower, as landlord (“Landlord”) other monies due and has not been modified, changed, altered, amended or supplemented in any respect (except as may be indicated at the end of this subparagraph 1a). Tenant has no present (accrued) right to cancel or terminate payable under the Lease under the terms thereof or otherwise. (If any amendments are listed in this sectionhave been made through , the same shall be included in the term “Lease” as used herein.) b. The term of the Lease commenced on and the Lease terminates on and rent has been paid through and including . If there are any rights of extension or renewal remaining under the terms of the Lease, the same have not, as of this date, been exercised20 . c. The fixed minimum rent being paid Lease is $ per monthbinding and enforceable upon the Tenant. d. There are presently no setoffs, excluding operating expenses, CAM, tax and insurance costs and similar charges owed pursuant to defenses or counterclaims against the Lease. As of the date hereof, Tenant has Landlord. e. There have been no accrued right or offset as to any free rent, partial rent, rebate of rent payments or other rental concession, except for the free rent period set forth in Section 2.5 modifications of the Lease. No rent has been paid in advance of There are no other oral or written agreements, understandings or the due date thereof. d. The Premises contains 85,430 square feet of space like between the Landlord and Tenant is in possession of the Premises and business is being conducted by the Tenant in the Premises on a regular basis. The construction and delivery of all improvements required by the terms of the Lease, to be made by the Landlord thereunder, including, without limitation, parking and common areas, have been satisfactorily completed and any and all obligations of Landlord of an inducement nature, concessions, payments or abatements in rent under the Lease, or otherwise, have been paid or satisfied in full by Landlord. e. A security deposit of $3,000,000 has been paid relating to the Borrower as Landlord under Lease or the Lease. With the exception of the payment of such security deposit, no rent under the Lease has been paid in advance of its due dateProperty. f. No notice of default under the Lease has been given by the Tenant to the Landlord; no notice of default has been received by the Tenant from the Landlord which has not been cured; and, to the best of the Tenant’s 's knowledge, information and belief, as of the date hereof belief (ai) no condition exists which might give rise to a default under the Lease and Lease, (bii) no claim of any nature exists by the Tenant under the Lease against the Landlord or the PremisesProperty, and (iii) no event has occurred and is continuing to occur which, with notice or the passage of time, or both, would constitute a default on the part of either the Landlord or the Tenant under the Lease. g. The Lease contains and Tenant has no outstanding options to purchase or rights of first refusal to purchase the Premises nor any part of the Property. h. Tenant has not assigned, mortgaged, sublet, encumbered or otherwise transferred any or all of its interest under the Lease Lease, and has received no notice of any assignment, except for the assignment, mortgage or encumbrance of the Lease by the Landlord to the Lender. h. The Tenant does not hold or claim to hold any or all of the fee simple or reversionary estate in and to the Property (including, by way of example rather than of limitation, any building or other than improvements thereon) or any option to purchase the MortgageProperty. i. The conduct Tenant has no knowledge nor has the Tenant received notice of Tenant’s business falls within any sale, transfer, pledge, or assignment of the uses stipulated Lease or the rentals by the Landlord, except for the assignment, mortgage or encumbrance of the Lease by the Landlord to the Lender. j. The Tenant hereby acknowledges that the Lease is to be or has been assigned to the Lender under the Deed of Trust and agrees that, from and after the date hereof, unless the Lender has first given the Tenant the Lender's express written consent thereto, the Tenant will (i) pay no rent under the Lease more than thirty (30) days before the date on which it becomes due under the provisions of the Lease, (ii) pay such rent when due, without any deduction, set-off or counterclaim whatsoever, and (iii) not surrender its leasehold estate or consent to the modification of any of the terms of the Lease that results in the Lease. To material reduction of the best rent or term of Tenant’s knowledge, neither Tenant nor Landlord, is in violation of any exclusive use, radius or non-competition clause in the Lease. k. The Tenant hereby acknowledges that the Lender is, in making any loan to the Landlord, acting in reliance on the representations and undertakings set forth herein, and that such representations and undertakings are of a material nature. l. The Tenant shall be bound by this certificate and is estopped from making any claim which would contradict the above.

Tenant Certifications. The Tenant certifies to the Lender that: a. (a) Tenant leases the Leased Premises from Landlord pursuant to the Lease, a true, correct and complete copy of which, including any and all amendments, has been delivered to Lender. There have been no amendments, modifications or revisions to the Lease, and there are no agreements of any kind between Landlord and Tenant regarding the Leased Premises, except as provided in the Lease and as detailed in this certification. (b) The Lease is presently dated July , 2012 and covers the Leased Premises which consist of approximately 18,388 rentable square feet at the Property. The initial term of the Lease is anticipated to commence on or before November 1, 2012, and will expire on the last day of the 70th full calendar month thereafter, exclusive of unexercised renewal options and extension options. Tenant has the following renewal options: one, three (3) year renewal option. (c) The Lease is in full force and effecteffect and has not been amended, represents modified, supplemented or superseded, and constitutes the entire agreement between Tenant the undersigned and Borrower, as landlord (“Landlord”) and has not been modified, changed, altered, amended or supplemented in any Landlord with respect (except as may be indicated at the end of this subparagraph 1a). Tenant has no present (accrued) right to cancel or terminate the Lease under the terms thereof or otherwise. (If any amendments are listed in this section, the same shall be included in the term “Lease” as used herein.) b. The term of the Lease commenced on and the Lease terminates on and rent has been paid through and including . If there are any rights of extension or renewal remaining under the terms of the Lease, the same have not, as of this date, been exercised. c. The fixed minimum rent being paid is $ per month, excluding operating expenses, CAM, tax and insurance costs and similar charges owed pursuant to the LeaseLeased Premises. As of the date hereof, Tenant has There is no accrued right or offset as to any free rent, partial rent, rebate of rent payments or other rental concession, agreement (except for the free rent period set forth in Section 2.5 of agreements contained herein) between Tenant and Landlord with respect to any other space at the Lease. No rent has been paid in advance of the due date thereofProperty. d. The Premises contains 85,430 square feet of space and (d) Neither Tenant nor Landlord is in possession of the Premises and business is being conducted by the Tenant in the Premises on a regular basis. The construction and delivery of all improvements required by the terms of the Lease, to be made by the Landlord thereunder, including, without limitation, parking and common areas, have been satisfactorily completed and any and all obligations of Landlord of an inducement nature, concessions, payments or abatements in rent under the Lease, or otherwise, have been paid or satisfied in full by Landlord. e. A security deposit of $3,000,000 has been paid to the Borrower as Landlord default under the Lease. With the exception There is no defense, offset, claim or counterclaim by or in favor of the payment of such security deposit, no rent undersigned against Landlord under the Lease or against the obligations of the undersigned under the Lease. (e) Tenant has not received notice and is not aware of any prior transfer, assignment, hypothecation or pledge by Landlord or of any of Landlord’s interest in the Lease or the Property, except to Lender in connection with the Loan. (f) The monthly installment of base rent of $14,208.33 due under the Lease for the sixth (6th) full month has been paid in advance and the monthly installment of its additional rent of $8,075.83 due date. f. No notice of default under the Lease for the first (1st) full month has been given by Tenant to Landlord; no notice of default has been received by Tenant from paid. Landlord and, to the best of Tenant’s knowledge, information and belief, as of the date hereof (a) no condition exists which might give rise to holds a default under the Lease and (b) no claim of any nature exists by Tenant under the Lease against Landlord or the Premises. g. The Lease contains and Tenant has no outstanding options to purchase or rights of first refusal to purchase the Premises nor any part of the Property. h. Tenant has not assigned, mortgaged, sublet, encumbered or otherwise transferred any of its interest under the Lease and has received no notice of any assignment, mortgage or encumbrance of the Lease by Landlord other than the Mortgage. i. The conduct of Tenant’s business falls within the uses stipulated security deposit in the Leaseamount of $246,491.16, in the form of a letter of credit. To the best of Tenant’s knowledgeNo rent abatements are currently in effect, neither Tenant nor Landlord, is in violation of any exclusive use, radius or non-competition clause except as expressly set forth in the Lease.