Acceptable Tenant Estoppel definition

Acceptable Tenant Estoppel means such estoppel shall (i) be dated not earlier than December 15, 2009, (ii) be (A) substantially in the form set forth on Schedule 7.5(ii) (the “Tenant Estoppel Certificate Form”), or (B) if a Tenant has declined to complete the Tenant Estoppel Certificate Form, (1) in such form as a Tenant is required to deliver under its Lease or, (2) with respect to any Lease that does not attach a form of tenant estoppel certificate, an estoppel certificate which substantially incorporates the matters that the applicable Tenant is required to certify to in the estoppel provision contained in such Lease, without giving effect to clauses in such Lease that state a Tenant is required to certify to “other matters reasonably requested by landlord” or words of similar effect (in each case under clauses (A) and (B), subject to non-material modifications thereof to conform the same to the relevant Lease and in the case of clause (A), other modifications to the Tenant Estoppel Certificate Form are acceptable, to the extent that (x) the Tenant does not assert a material claim against Seller (which is not otherwise prorated for at Closing), (y) the Tenant does not assert that it has a material right or that the Seller has a material obligation (in each case, other than as set forth in the applicable Lease) and (z) matters (A)-(H) in clause (iii) of this sentence are confirmed in such estoppel), and (iii) shall include a certification from the applicable Tenant that confirms that (A) such Tenant’s Lease is as described in Exhibit B-1 attached hereto, and has not been modified, amended or supplemented except as set forth in Exhibit B-1, and has not been terminated, (B) the premises that is leased thereunder is as described in the Lease, (C) the expiration date of the current lease term is consistent with the terms of the Lease, (D) Tenant’s current Fixed Rent is as described in the Lease, (E) the security deposit, if any, is consistent with Schedule 5.1.5(v), (F) there is no prepaid (more than one month in advance) rent (or if such estoppel confirms rent is prepaid, then such prepaid rent shall be prorated at Closing pursuant to Sections 3.2.4 and/or 3.2.5), (G) there is no right to purchase any portion of the Property except as set forth in the Lease, and (H) to Tenant’s knowledge, Seller is not in default under the Lease. Promptly upon Seller’s receipt of a tenant estoppel from any Tenant, and without regard to whether such tenant estoppel constitutes an Acceptable Tenant Est...
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Acceptable Tenant Estoppel has the meaning set forth in Section 7.5.
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Acceptable Tenant Estoppel shall have the meaning set forth in Section 4.1(f)(ii) hereof.
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Examples of Acceptable Tenant Estoppel in a sentence

  • Notwithstanding the foregoing, Seller shall send each Tenant (other than Tenants leasing space at the Property pursuant to telecom access agreements listed on Schedule A to the Non-Competition Agreement (as hereinafter defined)) an estoppel in the Tenant Estoppel Certificate Form (as hereinafter defined) and use commercially reasonable efforts to obtain an Acceptable Tenant Estoppel executed by each of the Tenants.

  • Lender shall have received an executed tenant estoppel letter, which shall be in form and substance reasonably satisfactory to Lender and not disclosing any breaches of the representations made by each Borrower in Section 4.1.26 or elsewhere in the Loan Documents (each an "Acceptable Tenant Estoppel Letter" and collectively "Acceptable Tenant Estoppel Letters"), from tenants leasing not less than sixty-five percent (65%) of the leased square footage of the applicable Property as of the Closing Date.

  • The Seller Parties shall use reasonable best efforts to obtain Acceptable Tenant Estoppel Certificates from tenants under each Tenant Property Lease.

  • Notwithstanding the foregoing, Unit Seller shall send each Tenant (other than Tenants leasing space at the Unit pursuant to telecom access agreements listed on Schedule A to the Non-Competition Agreement (as hereinafter defined)) an estoppel in the Tenant Estoppel Certificate Form (as hereinafter defined) and use commercially reasonable efforts to obtain an Acceptable Tenant Estoppel executed by each of the Tenants.

  • If Purchaser has not received the Acceptable Tenant Estoppel Letter by the Estoppel Deadline, then either Seller or Purchaser may, upon written notice to the other, elect to extend the Estoppel Deadline and the Closing Date one or more times, but not to a date later than December 26, 2019 with respect to the Estoppel Deadline, and Closing shall occur on the date that is two (2) Business Days after the delivery of the Acceptable Tenant Estoppel Letter, but in no event later than December 30, 2019.

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  • In no event will Seller be in default under this Agreement or have any liability to Purchaser if Seller is unable to obtain the Acceptable Tenant Estoppel Letter.

  • It is a condition precedent to Purchaser’s obligation to Close that such Acceptable Tenant Estoppel Letter be delivered to Purchaser no later than two (2) Business Days prior to the Closing Date (the “Estoppel Deadline”).


More Definitions of Acceptable Tenant Estoppel

Acceptable Tenant Estoppel means a Tenant Estoppel executed by a Tenant that is (i) is dated not more than thirty (30) days prior to the Closing Date, (ii) states that the Lease is in effect, (iii) does not indicate that a default exists under the relevant Lease on the part of the landlord, and (iv) does not contain any information that deviates in any material respect from the information contained in the rent roll delivered by Seller to Purchaser as a part of Seller's Deliverables. Notwithstanding the foregoing, in the event Seller delivers the Acceptable Tenant Estoppels from the Required Tenants but cannot for any reason obtain a sufficient number of Acceptable Tenant Estoppels from other Tenants so as to meet the foregoing condition, then Seller may, at its option, elect to deliver to Purchaser at or prior to the Closing a certificate or certificates of Seller in the form of Exhibit "F" (the “Seller Estoppel”) with respect to Tenants leasing up to fifteen percent (15%) of the space in the Property that is subject to a Lease and thereupon the foregoing precedent condition in this Section 11.1.3 shall be deemed satisfied; provided, however, in no event may Seller provide a Seller Estoppel on behalf of a Required Tenant. Seller’s liability under each such Seller’s certificate delivered in order to meet the condition set forth in this Section 11.1.3 shall expire and be of no further force or effect on the earlier of (A) two hundred seventy (270) days following the Closing Date except to the extent, and only to the extent, if any, that Purchaser shall have delivered to Seller written notice during such 270‑period that describes in reasonable detail a breach or alleged breach by Seller of such Seller Estoppel, and (B) the date that Purchaser receives an Acceptable Tenant Estoppel from the applicable Tenant.
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Acceptable Tenant Estoppel is either: (i) an estoppel certificate dated no more than thirty (30) days prior to the Closing Date in substantially the form described in Section 7.(a) above which does not contain any material modifications or inconsistencies with respect to the Tenant Lease or information contained in the Due Diligence Materials and which does not disclose any alleged monetary default or material non-monetary default, any unfulfilled monetary obligation or material non-monetary obligation on the part of the landlord or tenant, or any other materially adverse matters; provided, however, notwithstanding anything contained herein to the contrary, if Tenant strikes the Additional Certification from the Tenant Estoppel, such action shall not cause the Tenant Estoppel to fail to be an Acceptable Tenant Estoppel; or (ii) an estoppel certificate that does not satisfy the requirements set forth in Section 7.(c)(i) that is approved by Purchaser (for these purposes, Purchaser will have been deemed to have approved such estoppel certificate if Purchaser fails to furnish Seller with a written notice of disapproval within three (3) Business Days from the date of Seller's delivery of such estoppel certificate to Purchaser).
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Acceptable Tenant Estoppel an estoppel received by Lender from a Tenant confirming (i) that such Tenant has commenced payment of full unabated Rent under its Lease, (ii) that no landlord obligations then due remain unfulfilled under such Lease (including confirmation that Tenant has 00 Xxxxxxxx - Stamford received all improvement allowances to which Tenant is entitled under the Lease), (iii) that such Tenant has taken possession of its demised space, is open for business, (iv) no default exists under such Lease. Affiliate: as to any Person, any other Person that, directly or indirectly, is in Control of, is Controlled by or is under common Control with such Person or is a director or officer of such Person or of an Affiliate of such Person. Americares: Americares Foundation, Inc., a Tenant.
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Related to Acceptable Tenant Estoppel

  • Estoppel Certificate As defined in Section 23.1(a).

  • Estoppel Letter A document executed by the Cooperative Corporation certifying, with respect to a Cooperative Unit, (i) the appurtenant Proprietary Lease will be in full force and effect as of the date of issuance thereof, (ii) the related stock certificate was registered in the Mortgagor's name and the Cooperative Corporation has not been notified of any lien upon, pledge of, levy of execution on or disposition of such stock certificate, and (iii) the Mortgagor is not in default under the appurtenant Proprietary Lease and all charges due the Cooperative Corporation have been paid.

  • Landlord Consent and Estoppel means, with respect to any Leasehold Property, a letter, certificate or other instrument in writing from the lessor under the related lease, pursuant to which, among other things, the landlord consents to the granting of a Mortgage on such Leasehold Property by the Credit Party tenant, such Landlord Consent and Estoppel to be in form and substance acceptable to Collateral Agent in its reasonable discretion, but in any event sufficient for Collateral Agent to obtain a Title Policy with respect to such Mortgage.

  • Landlord Waiver means a letter in form and substance reasonably acceptable to the Administrative Agent and executed by a landlord in respect of Inventory of a Loan Party located at any leased premises of a Loan Party pursuant to which such landlord, among other things, waives or subordinates on terms and conditions reasonably acceptable to the Administrative Agent any Lien such landlord may have in respect of such Inventory.

  • SNDA means a Supplemental New Drug Application, as defined in the FDCA and applicable regulations promulgated thereunder.

  • Rent Roll shall have the meaning set forth in Section 3.18 hereof.

  • Landlord Access Agreement means a Landlord Access Agreement, substantially in the form of Exhibit G, or such other form as may reasonably be acceptable to the Administrative Agent.

  • Bailee Letter has the meaning assigned to such term in the Custodial Agreement.

  • Lien Waiver means an agreement, in form and substance reasonably satisfactory to the Administrative Agent by which (a) for any Collateral located on an owned premises subject to a mortgage or deed of trust in favor of a Person other than the Administrative Agent, the mortgagee or beneficiary, as applicable, waives or subordinates any Lien it may have on the Collateral, and agrees to permit the Administrative Agent to enter upon the premises and remove the Collateral as permitted hereunder or to use the premises to store or dispose of the Collateral, (b) for any Collateral located on leased premises, the lessor waives or subordinates any Lien it may have on the Collateral, and agrees to permit the Administrative Agent to enter upon the premises and remove the Collateral as permitted hereunder or to use the premises to store or dispose of the Collateral and additionally, with respect to any leased premise that is a flea markets or other temporary location, the lessor thereof allows the Administrative Agent satisfactory access to such location for the purposes of conducting a “going out of business” sale at such location for a period of not less than 15 weeks following the termination of the lease or the expiration of the lease by its terms; (c) for any Collateral held by a warehouseman, processor, shipper or similar Person, such Person waives or subordinates any Lien it may have on the Collateral, agrees to hold any documents in its possession relating to the Collateral as agent for the Administrative Agent, and agrees to deliver the Collateral to Administrative Agent upon request; (d) for any Collateral held by a repairman, mechanic or bailee, such Person acknowledges the Administrative Agent’s Lien, waives or subordinates any Lien it may have on the Collateral, and agrees to deliver the Collateral to the Administrative Agent upon request; and (e) for any Collateral subject to a licensor’s intellectual property rights, the licensor grants to the Administrative Agent the right, vis-à-vis such licensor, to enforce the Administrative Agent’s Liens with respect to the Collateral, including the right to dispose of it with the benefit of the intellectual property, whether or not a default exists under any applicable license.

  • Anchor Tenant means the primary customer occupying a site.

  • Landlord Agreement means an agreement substantially in the form provided by Lender to Borrower or such other form as Lender may agree to accept.

  • Ground Lessor means each lessor that has executed a Ground Lease (collectively, the “Ground Lessors”).

  • Major Tenants has the meaning ascribed to such term in Section 7.2.

  • Landlord Consent means a Landlord Consent substantially in the form of Exhibit G.

  • Major Tenant means a tenant of a Loan Party under a lease of Property which entitles it to occupy 15,000 square feet or more of the net rentable area of such Property.

  • Ground Lease means a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:

  • Approved Lease means (a) each existing Lease as of the Closing Date as set forth in the Leasing Affidavit and (b) each Lease entered into after the Closing Date in accordance with the terms and conditions contained in Section 9.09 as such leases and related documents shall be Modified as permitted pursuant to the terms of this Agreement.

  • Space Lease The space or occupancy lease pursuant to which any Borrower holds a leasehold interest in the related Mortgaged Property, together with any estoppels or other agreements executed and delivered by the lessor in favor of the lender under the related Mortgage Loan(s).

  • Ground Lessee means the Owner Lessor as lessee of the Ground Interest under the Facility Site Lease.

  • Lien Waiver Agreement means an agreement which is executed in favor of Agent by a Person who owns or occupies premises at which any Collateral may be located from time to time and by which such Person shall waive any Lien that such Person may ever have with respect to any of the Collateral and shall authorize Agent from time to time to enter upon the premises to inspect or remove the Collateral from such premises or to use such premises to store or dispose of such Inventory.

  • Tenant Lease means any lease entered into by the Borrower, any Loan Party or any Subsidiary with respect to any portion of a Property.

  • Landlord Personal Property Collateral Access Agreement means a Landlord Waiver and Consent Agreement substantially in the form of Exhibit K with such amendments or modifications as may be approved by Collateral Agent.

  • Substitute Property shall have the meaning set forth in Section 2.6 hereof.

  • Property Notice means any order, notice, proposal, demand or other requirement issued by any competent authority (including the Landlord) which materially affects the Academy Trust’s ability to use the Land for the purposes of the Academy. Restrictions on Land transfer

  • FHA Approved Mortgagee A corporation or institution approved as a mortgagee by the FHA under the Act, and applicable HUD regulations, and eligible to own and service mortgage loans such as the FHA mortgage loans.

  • Real Property Deliverables means each of the following agreements, instruments and other documents in respect of each Facility: