Common use of TENANT'S ESTOPPEL CERTIFICATE Clause in Contracts

TENANT'S ESTOPPEL CERTIFICATE. Within seven (7) days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of Base Rent and the date to which Base Rent and additional rent have been paid in advance; (c) the amount of any security deposited with Landlord; and (d) that, to the best of Tenant’s actual knowledge, Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default, and (e) such other matters as may be reasonably requested by Landlord. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s failure to execute and deliver such statement within the time required shall be a default under this Lease and shall also be conclusive upon Tenant that (3) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord’s performance and Tenant has no right of offset, counterclaim or deduction against rent; and (3) not more than one month’s Base Rent has been paid in advance. In connection with any Transfer of this Lease or major corporate financing by Tenant, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses in connection with such request).

Appears in 3 contracts

Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)

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TENANT'S ESTOPPEL CERTIFICATE. Within seven ten (710) days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of Base Rent and the date to which Base Rent and additional rent have been paid in advance; (c) the amount of any security deposited with Landlord; and (d) that, to the best of Tenant’s actual knowledge, Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default, and (e) such other matters as may be reasonably requested by Landlord. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s failure to execute and deliver such statement within the time required shall be a default under this Lease and shall also be conclusive upon Tenant that (31) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord’s performance and Tenant has no right of offset, counterclaim or deduction against rent; and (3) not more than one month’s Base Rent has been paid in advance. In connection with any Transfer of this Lease or major corporate financing by Tenant, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses in connection with such request).

Appears in 2 contracts

Samples: Lease (Mimecast LTD), Lease (pSivida Corp.)

TENANT'S ESTOPPEL CERTIFICATE. Within seven Tenant shall execute and deliver to Landlord, from time to time and within ten (710) days after written request by receipt of Landlord's request, Tenant any estoppel certificate or other statement to be furnished to any prospective purchaser of or any lender against the Premises. Such estoppel certificate shall execute, acknowledge and deliver certify, without limitation, each of the following matters, to Landlord a written statement certifying (a) the extent each may be true: that this Lease is unmodified in effect and in full force and effectnot subject to any rental offsets, claims, or defenses to its enforcement; the commencement and termination dates of the term; that Tenant is paying rent on a current basis; that any improvements required to be furnished under the Lease have been completed in all respects; that the Lease constitutes the entire agreement between Tenant and Landlord relating to the Premises; that Tenant has accepted the Premises and is in full force possession thereof; that the Lease has not been modified, altered, or amended except in specified respects by specified instruments; and effect that Tenant has no notice of any prior assignment, hypothecation, or pledge of rents or the Lease. Tenant shall also, upon request of Landlord, certify and agree for the benefit of any lender against the Premises that Tenant will not look to such lender: as modified and stating being liable for any act or omission of Landlord; as being obligated to cure any defaults of Landlord under the modificationsLease which occurred prior to the time such lender, its successors or assigns, acquired Landlord's interest in the Premises by foreclosure or otherwise; (b) the amount as being bound by any payment of Base Rent and the date to which Base Rent and rent or additional rent have been paid by Tenant to Landlord for more than one (1) month in advance; (c) as being bound by Landlord to any amendment or modification of the amount of Lease without such lender's written consent; or as being obligated to return any security deposited with Landlord; and (d) that, to the best of Tenant’s actual knowledge, Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default, and (e) such other matters as may be reasonably requested by Landlord. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s failure to execute and deliver such statement within the time required shall be a default under this Lease and shall also be conclusive upon Tenant that (3) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord’s performance and Tenant has no right of offset, counterclaim or deduction against rent; and (3) not more than one month’s Base Rent has been paid in advance. In connection with any Transfer of this Lease or major corporate financing by Tenant, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses in connection with such request)deposit.

Appears in 1 contract

Samples: Lease Agreement (Sports Club Co Inc)

TENANT'S ESTOPPEL CERTIFICATE. Within seven ten (710) business days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of Base Rent and the date to which Base Rent and additional rent have been paid in advance; (c) the amount of any security deposited with or for the benefit of Landlord; and (d) that, to the best of Tenant’s 's actual knowledge, Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default, and (e) such other matters as may be reasonably requested by Landlord. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s 's failure to execute and deliver such statement within the time required shall be a default under this Lease and shall also be conclusive upon Tenant that (31) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord’s 's performance and Tenant has no right of offset, counterclaim or deduction against rent; and (3) not more than one month’s 's Base Rent has been paid in advance. In connection with any Transfer of this Lease or major corporate financing by Tenant, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses in connection with such request).

Appears in 1 contract

Samples: T2 Biosystems, Inc.

TENANT'S ESTOPPEL CERTIFICATE. Within seven Tenant shall, within ten (710) days after written the request of Landlord or any mortgagee of Landlord, without additional consideration, deliver an estoppel certificate, consisting of reasonable statements required by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (a) that this Lease is unmodified and in full force and effect, any mortgagee or is in full force and effect as modified and stating the modifications; (b) the amount of Base Rent and the date to which Base Rent and additional rent have been paid in advance; (c) the amount purchaser of any security deposited with Landlord; and (d) thatinterest in the Property, which statements may include but shall not be limited to the best of Tenant’s actual knowledge, Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default, and (e) such other matters as may be reasonably requested by Landlord. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s failure to execute and deliver such statement within the time required shall be a default under this Lease and shall also be conclusive upon Tenant that (3) following: whether this Lease is in full force and effect and with rent paid through a specified date; whether this Lease has not been modified except or amended, and if it has, a statement as represented by Landlordto the instruments of amendment; (2) there are no uncured defaults whether Landlord is, to Tenant’s knowledge, in default and whether Landlord has, to Tenant’s knowledge, fully performed all of Landlord’s performance and Tenant has no right of offset, counterclaim or deduction against rentobligations hereunder; and (3) such other statements as may reasonably be required by the requesting party. If Tenant is unable to make any of the statements contained in the estoppel certificate because the same is untrue, Tenant shall with specificity state the reason why such statement is untrue. Landlord agrees not to request an estoppel certificate from Tenant more than one month’s Base Rent has been paid twice in advance. In connection with any Transfer of this Lease or major corporate financing by Tenanttwelve (12) month period, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses unless required in connection with a proposed sale or financing of the Building. Tenant shall, if requested by Landlord or any such request)mortgagee, deliver to Landlord a fully executed instrument in form reasonably satisfactory to Landlord evidencing the agreement of Tenant to the mortgage or other hypothecation by Landlord of the interest of Landlord hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Bazaarvoice Inc)

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TENANT'S ESTOPPEL CERTIFICATE. Within seven twenty (720) days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying certifying, to the extent true, (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of Base Rent and the date to which Base Rent and additional rent have been paid in advance; (c) the amount of any security deposited with Landlord; and (d) that, to the best of Tenant’s 's actual knowledge, Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the nature of any claimed default, and (e) such other factual matters as may be reasonably requested by LandlordLandlord which are not ascertainable from the terms of this Lease. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s 's failure to execute and deliver such statement within the time required shall be a default under this Lease and shall also be conclusive upon Tenant that (31) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord’s 's performance and Tenant has no right of offset, counterclaim or deduction against rent; and (3) not more than one month’s 's Base Rent has been paid in advance. In connection with any Transfer of this Lease or major corporate financing by Tenant, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses in connection with such request)Landlord.

Appears in 1 contract

Samples: Office Lease (Sycamore Networks Inc)

TENANT'S ESTOPPEL CERTIFICATE. Within seven twenty (720) days after written request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of Base Rent and the date to which Base Rent and additional rent have been paid in advance; (c) the amount of any security deposited with Landlord; and (d) that, to the best of Tenant’s actual knowledge, that Landlord is not in default hereunder or, if Landlord Xxxxxxxx is claimed to be in default, stating the nature of any claimed default, and (e) such other matters as may be reasonably requested by Landlord. Any such statement may be relied upon by a purchaser, assignee or lender. Tenant’s failure If Tenant fails to execute execute, acknowledge and deliver such statement within such twenty (20) day period, Landlord may send Tenant a second request for such statement, which request will provide that failure to provide the time required statement will constitute a default under this Lease. Tenant's failure to execute, acknowledge and deliver such statement within ten (10) days after such second notice shall be a default under this Lease (for which no further grace or cure period shall be applicable, notwithstanding Section 7.1 hereof) and shall also be conclusive upon Tenant that (31) this Lease is in full force and effect and has not been modified except as represented by Landlord; (2) there are no uncured defaults in Landlord’s 's performance and Tenant has no right of offset, counterclaim or deduction against rent; and (3) not more than one month’s 's Base Rent has been paid in advance. In connection with any Transfer of this Lease or major corporate financing by Tenant, Landlord shall, within twenty (20) days after written request by Tenant, acknowledge and deliver to Tenant a written statement containing substantially similar certifications regarding Tenant to those listed above regarding Landlord (provided that Tenant reimburses Landlord for its reasonable legal and other expenses in connection with such request).

Appears in 1 contract

Samples: Office Lease (Axent Technologies Inc)

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