Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

AutoNDA by SimpleDocs

Estoppel Certificate. Within Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after request therefor by Landlordreceipt of such request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying, without limitation: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of identifying such modification modifications and certifying that this the Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent and any other charges are paid have been paid; (iii) that Landlord is not in advancedefault under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if any; (c) acknowledging that there are nottrue, to such party’s knowledgeno events or conditions exist which, any uncured defaults with the passage of time or notice or both, would constitute a default on the part of the requesting party Landlord hereunder, or specifying such defaults if they are claimed(iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (dvi) certifying to such other matters, relative to the Premises, this Lease and Tenant, factual statements as Landlord may request. Any be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon by in connection with any prospective purchaser lease, mortgage or lender of all or any portion of the Premises or any leasehold interest thereintransfer. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification effect and has not been modified except as Landlord may be represented by the requesting partyrepresent; (ii) there are no uncured defaults on the requesting partynot more than one (1) month’s performance; and (iii) no Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. If Notwithstanding the presumptions of this Article, Tenant is required or requested shall not be relieved of its obligation to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)deliver said statement.

Appears in 4 contracts

Samples: Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.)

Estoppel Certificate. Within ten Tenant agrees that from time to time, upon not less than seven (107) days after days' prior written request therefor by Landlord, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or if on other occupant of the Premises to, promptly complete, execute and deliver to Landlord or any sale, assignment party or hypothecation parties designated by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating there have been modifications that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effecteffect as modified and identifying the modifications); (bii) certifying the dates to which the Rent and other charges are paid have been paid; (iii) that the Premises have been unconditionally accepted by the Tenant (or if not, stating with particularity the reasons why the Premises have not been unconditionally accepted); (iv) the amount of any Security Deposit held hereunder; (v) that, so far as the party making the certificate knows, Landlord is not in advancedefault under any provisions of this Lease, if any; (c) acknowledging that there are such is the case, and if not, to such party’s knowledge, any uncured identifying all defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedwith particularity; and (dvi) certifying to such any other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestmatter reasonable requested by Landlord. Any such statement may be relied upon by any prospective purchaser or lender Mortgagee of all or any portion of interest in the Premises or any leasehold interest thereinBuilding shall be entitled to rely on said statement. The failure Failure to deliver give such a statement within such time shall, at Landlord’s option be an Event of Default hereunder and seven (7) days after said written request shall be conclusive evidence, upon which Landlord and binding upon the party upon whom the request is made that: (i) any such purchaser or Mortgagee shall be entitled to rely that this Lease is in full force and effecteffect and Landlord is not in default and Tenant shall be estopped from asserting against Landlord or any such purchaser or Mortgagee any defaults of Landlord existing at that time but Tenant shall not thereby be relieved of the affirmative obligation to give such statement. Moreover, without modification except as may if Tenant fails to deliver or cause to be represented by the requesting party; delivered such statement within said seven (ii7) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month day period, Landlord shall reimburse be entitled to collect from Tenant upon demand, as liquidated damages occasioned by such delay and not as a penalty (the actual damages resulting from such delay being impossible to ascertain), a sum equal to one-fifteenth of the Monthly Base Rent for its legal fees incurred in having such documents reviewedeach day, up to a total charge fifteen (15) days, after the expiration of five hundred dollars said seven ($500.00)7) day period that Tenant fails to deliver such statement. If such failure persists after such fifteen (15) day period, Landlord shall be entitled to pursue any and all remedies it may have with respect to such Default, including termination of this Lease or Tenant's right to possession and collection of damages, including consequential damages, arising by reason for such Default.

Appears in 4 contracts

Samples: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)

Estoppel Certificate. Within Upon not less than ten (10) days after days’ prior written request therefor by Landlord, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing, which may be in the form attached hereto as Exhibit F or in another form reasonably similar thereto, or such other commercially reasonable form as Landlord may provide from time to time, certifying all or any of the following to the extent true: (ai) certifying that this Lease is unmodified and in full force and effect oreffect, (ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if modifiedso, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which they have been paid, (iii) whether or not Landlord is in default in performance of any of the Rent terms of this Lease, (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and other charges are paid in advancethe dollar amount, if any; , of such claim, (cvi) acknowledging that whether there are not, to such party’s knowledge, exist any uncured defaults on offsets or defenses against enforcement of any of the terms of this Lease upon the part of the requesting party hereunderTenant to be performed, or specifying such defaults if they are claimed; and (dvii) certifying to such other matters, relative further information with respect to the Premises, this Lease and Tenant, or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or lender mortgagee of all the Premises, or any portion prospective assignee of the Premises or any leasehold interest thereinsuch mortgage. The failure Tenant shall also deliver to deliver Landlord such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except financial information as may be represented reasonably required by Landlord to be provided to any mortgagee or prospective purchaser of the requesting party; (ii) there are no uncured defaults on Premises. The requirement of the requesting party’s performance; and (iii) no Rent has been paid in advance. If immediately preceding sentence shall not apply as long as Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)publicly traded company.

Appears in 3 contracts

Samples: Commencement Date Agreement (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit G, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease or the Premises as may be requested thereon. Upon Landlord’s request, Tenant shall cause the Guarantor to also execute and Tenant, as Landlord may requestdeliver such statement within such time period. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The Tenant’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant and constitute Tenant’s irrevocable acknowledgement and agreement that all of the party upon whom the request is made that: (i) this Lease is matters stated in full force such statement are true, correct and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)complete.

Appears in 3 contracts

Samples: Lease (Carisma Therapeutics Inc.), Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)

Estoppel Certificate. Within Tenant agrees periodically, but in no event more than twice each calendar year, to furnish within ten (10) business days after written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel a certificate shall be required from Tenant, signed by a Tenant shall deliver to the requesting party a statement in writing: certifying (a) certifying that this Lease the lease is unmodified and in full force and effect orand unmodified (or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; effect as modified and stating the modifications), (b) certifying as to the dates to Commencement Date and the date through which the Base Rent, Estimated Additional Rent and other charges are paid in advanceadditional Rent have been paid, if any; (c) acknowledging that Tenant has accepted possession of the Premises and that any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant, (d) that except as stated in the certificate no Rent under this Lease has been paid more than thirty (30) days in advance of its due date, (e) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate), (f) that except as stated in the certificate, Tenant, as of the date of such certificate, has no charge, lien, or claim of offset under this Lease or otherwise against Rent or other charges due or to become due hereunder, (g) that except as stated in the certificate, Landlord is not then in default under this Lease, (h) that there are notno renewal or extension options, to such party’s knowledgepurchase options, any uncured defaults on rights of first refusal or the part like in favor of the requesting party hereunder, or specifying such defaults if they are claimed; Tenant except as set forth in this Lease and (di) certifying as to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestbe requested by Landlord. Any such statement certificate may be relied upon by any existing or prospective Interest Holder or purchaser of the Building or lender of all the Land or any portion part thereof or interest of the Premises or any leasehold interest Landlord therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 3 contracts

Samples: Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by of receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit I, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProject. The failure If Tenant fails to deliver such statement within such prescribed time and such failure continues for more than three (3) business days following written notice thereof from Landlord, such failure shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 3 contracts

Samples: Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.)

Estoppel Certificate. Within ten Lessee shall within twelve (1012) business days after following written request therefor by LandlordLessor execute and deliver to Lessor any reasonable documents, or if on any saleincluding estoppel certificates, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: form prepared by Lessor (a) certifying the date of commencement of this Lease, (b) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; , (bc) certifying stating the dates to which the Rent and any other charges are amounts payable hereunder have been paid in advanceand the amount of any unforfeited security deposit then held by Lessor, (d) certifying that no Defaults exist as of such date, or, if any; there are any Defaults, stating the nature of such Defaults, (ce) acknowledging that there are not, to such partyLessee’s knowledge, any uncured defaults on the part of Lessor, or, if there are uncured defaults on the requesting party hereunderpart of the Lessor, stating the nature of such uncured defaults, (f) acknowledging that Lessee does not have any claim or specifying right of offset against Lessor (or if Lessee does have any such defaults if they are claimed; claim or right of offset, the nature of such claim or right of offset), and (dg) certifying to setting forth such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably be requested by Lessor. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The Lessee’s failure to deliver such statement an estoppel certificate within such time shall, at Landlordtwelve (12) business days after delivery of Lessor’s option be an Event of Default hereunder and written request therefor shall be conclusive and binding upon the party upon whom the request is made that: Lessee (iu) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (iiv) that there are now no uncured defaults on the requesting partyin Lessor’s performance; and , (iiiw) that no Rent has been paid in advance. If Tenant is required , (x) that Lessee has no claims or requested to execute more than one rights of offset against Lessor, (y) that no Defaults then exist, and (z) that such other matters as were set forth in such estoppel certificate or similar document in any twelve (12) month periodas prepared by Lessor are true and correct; provided, Landlord further, that such failure shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to constitute a total charge breach of five hundred dollars ($500.00)this Lease.

Appears in 2 contracts

Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, Inc.

Estoppel Certificate. Within ten (10) 10 business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, mortgagee or any part thereofprospective mortgagee or owner, Tenant agrees as directed in such request to execute an estoppel certificate shall be required from Estoppel Certificate in recordable form, binding upon Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that (i) this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in the Rent possession of the Premises if that is the case; (iv) that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any off-sets or defenses, a full and other charges are paid in advancecomplete explanation thereof) and that all sums, if any, required to be paid by Landlord to Tenant on account of Tenant’s work have been paid in full; (cvi) acknowledging the Premises have been completed in accordance with the terms and provisions of this Lease; (vii) Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or if that there are notnot be the case, stating such claims); (viii) if an assignment of rents or leases has been served upon the Tenant by a mortgagee, Tenant will agree to such party’s knowledge, any uncured defaults on be bound by the part provisions thereof; (ix) intentionally omitted; (x) the Commencement Date and Expiration Date of the requesting party hereunder, or specifying such defaults if they are claimedthis Lease; and (dxi) certifying to such any other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)information reasonably requested.

Appears in 2 contracts

Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing certifying the following information, (abut not limited to the following information in the event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (ciii) the amount of Tenant's security deposit, if any; and (iv) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; . It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinReal Property. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be shall constitute an Event of Default hereunder admission by Tenant that all statements contained therein are true and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancecorrect. If Tenant is required or requested agrees to execute more than one estoppel certificate or similar document all documents required in accordance with this Article 25 within ten (10) days after delivery of said documents. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to execute any twelve (12) month and all documents described in this Article 25 if Tenant fails to do so within the specified time period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Office Lease (Peoples Liberation Inc), Office Lease (Matchnet, Inc.)

Estoppel Certificate. Within ten (10) days after written request therefor by from Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord, in recordable form, a statement in writing: certificate stating (ai) certifying that this Lease is unmodified and in full force and effect oreffect, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is or in full force and effect; effect as modified, and stating all modifications, (bii) certifying the then-current Basic Monthly Rent, (iii) the dates to which the Basic Monthly Rent and other charges are has been paid in advance, if any; (civ) acknowledging that there are notthe amount of any security deposit, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunderprepaid rent, or specifying such defaults if they are claimed; and other payment constituting Rent which has been paid, (dv) certifying to such other matters, relative to the Premises, whether or not Tenant or Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the Lease in favor of Tenant, (vi) that any Landlord’s Work required by this Lease is complete (or stating any exceptions) and (vii) such other matters as Landlord may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The Tenant’s failure to deliver such statement certificate within such time shall, at Landlord’s option be an Event of Default hereunder and ten day period shall be conclusive upon Tenant for the benefit of Landlord, and binding upon any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the party upon whom the request is made Project that: (i) , except as may be represented by Landlord, this Lease is unmodified and in full force and effect, without modification except no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and that all Landlord’s Work required by this Lease is complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon ten days written request from Tenant, execute an estoppel certificate in favor of Tenant’s proposed lender or Transferee confirming (i) that this Lease is unmodified and in full force and effect, or in full force and effect as may be represented by the requesting party; modified, and stating all modifications, (ii) there are no uncured defaults on the requesting party’s performance; and then-current Basic Monthly Rent, (iii) no the dates to which Basic Monthly Rent has been paid in advance. If , (iv) the amount of any security deposit, prepaid rent, or other payment constituting Rent which has been paid, and (v) whether or not to the best of Landlord’s knowledge Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)default under this Lease.

Appears in 2 contracts

Samples: www.sec.gov, Modified Gross Office Lease (Bakbone Software Inc)

Estoppel Certificate. Within (a) At any time and from time to time, upon the written request of Landlord, and/or any party designated by Landlord, Tenant within ten (10) days after of the date of such written request therefor agrees to execute and deliver to Landlord and/or party designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified without charge and in full force and effect orform reasonably satisfactory to Landlord and/or any party designated by Landlord, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made thata written statement: (i) ratifying this Lease; (ii) confirming the commencement and expiration dates of the Term; (iii) certifying that Tenant is in occupancy of the Demised Premises, and that this Lease is in full force and effecteffect and has not been modified, without modification assigned, supplemented or amended, except by such writings as shall be stated; (iv) certifying that all conditions and agreements under this Lease to be satisfied or performed by Landlord have been satisfied and performed, except as may shall be represented by the requesting partystated; (iiv) certifying that Landlord is not in default under this Lease and there are no uncured defenses or offsets against the enforcement of this Lease by Landlord, or stating the defaults on and/or defenses and/or offsets claimed by Tenant; (vi) reciting the requesting party’s performanceamount of Advance Rental, if any, paid by Tenant and the date to which Base Annual Rent and Additional Charges have been paid; (vii) reciting the amount of Security Deposit, if any; and (iiiviii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, other information which Landlord and/or any party designated by Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)reasonably require.

Appears in 2 contracts

Samples: Lease (Bankrate, Inc.), Lease (Bankrate Inc)

Estoppel Certificate. Within Tenant shall, without charge, at any time and from time to time, within ten (10) business days after the request therefor by Landlord, any ground lessor, the holder of any indebtedness secured by the Land, the Building or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesboth, or any part thereofprospective purchaser of the Land, an estoppel certificate shall be required from Tenantthe Building or both, Tenant shall or to any other person or entity designated by Landlord, execute, acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such certificate: (a) certifying that this Lease is unmodified and in full force and effect or(or if there has been a modification, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect as modified and setting forth such modifications); (b) the amounts of Monthly Base Rent, without modification except as Percentage Rent and Additional Rent currently due and payable by Tenant; (c) that Tenant has accepted possession of the Premises; (d) to the best of Tenant's knowledge, whether or not there are then existing any setoffs, charges, liens, claims or defenses against the enforcement of any right hereunder (and, if so, specifying the same in detail); (e) that Tenant has no knowledge of any then uncured defaults by Landlord of its obligations under this Lease; (f) that Tenant is not in default; and (g) to the best of Tenant's knowledge, any other factual certifications requested. Any statement delivered pursuant to this paragraph may be represented relied on by the requesting party; (ii) there are no uncured defaults on . Tenant's failure to timely deliver the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, after request by Landlord immediately shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge be deemed an Event of five hundred dollars ($500.00)Default without cure under this Lease.

Appears in 2 contracts

Samples: Agreement of Lease (Smith & Wollensky Restaurant Group Inc), Agreement of Lease (New York Restaurant Group Inc)

Estoppel Certificate. Within Tenant agrees that from time to time within ten (10) days after of written request therefor by received from Landlord, or if on the holder of any saleFirst Mortgage, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, Tenant (or any part thereofpermitted assignee, an estoppel certificate shall be required from subtenant, licensee, concessionaire or other occupant of the Premises claiming by, through or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any First Mortgage, a statement in writing: writing signed by Tenant (and/or such other party) certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advance, if anyhave been paid; (c) acknowledging that Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; ( e) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or involuntary, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunder, United States or specifying such defaults if they are claimedany State thereof; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord or the requesting party; (ii) there are no uncured defaults on holder of the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)First Mortgage.

Appears in 2 contracts

Samples: Office Lease (Caladrius Biosciences, Inc.), Office Lease (Regado Biosciences Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit H, or on any other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such statement statements may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinProperty. The failure If Tenant fails to timely deliver such statement within the prescribed time, Landlord shall send a second notice and if Tenant fails to respond to such time second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement shall, at Landlord’s option be an Event of option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve certificate prepared by Landlord and delivered to Tenant for execution. Within ten (1210) month periodbusiness days of receipt of a written request by Tenant, Landlord shall reimburse provide Tenant for its legal fees incurred with a similar commercially reasonable estoppel certificate (but in having such documents reviewed, up all cases limited to a total charge Landlord’s actual knowledge (without any duty of five hundred dollars ($500.00inquiry or investigation)) as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord.

Appears in 2 contracts

Samples: Lease (Cue Health Inc.), Lease (Cue Health Inc.)

Estoppel Certificate. Within Tenant shall execute (and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within not less than ten (10) business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, resulting from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying to setting forth such other matters, relative further information with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The If Tenant has failed to execute and deliver an estoppel certificate as required pursuant to this Section 23 within 10 business days of written notice from Landlord, Landlord shall deliver a second written notice to Tenant. Tenant’s failure to deliver such statement within 5 days after Landlord’s delivery of such time second notice shall, at the option of Landlord’s option be an Event of , constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Samples: Lease Agreement (Heat Biologics, Inc.), Lease Agreement (Heat Biologics, Inc.)

Estoppel Certificate. Within ten Tenant shall from time to time, within twenty (1020) days after written request therefor by from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: (ai) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, is in full force and effect (or if this Lease is claimed not to be in force and effect; (b, specifying the ground therefor) certifying the and any dates to which the Rent and other charges are has been paid in advance, if any; and the amount of any Security Deposit, (cii) acknowledging that there are not, to such party’s Tenants knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request, or as may be requested by Landlord's current or prospective Holders, insurance carriers, auditors, and prospective purchasers. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest thereinsuch parties. The failure If Tenant shall fail to deliver execute and return such statement within such the time shallrequired herein, at Landlord’s option be an Event of Default hereunder and Tenant shall be conclusive deemed to have agreed with the matters set forth therein. Landlord shall from time to time, within twenty (20) days after written request from Tenant, execute, acknowledge and binding upon the party upon whom the request is made that: deliver a statement (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect (or if this Lease is claimed not to be in force and effect, without modification except as may be represented by specifying the requesting party; (iiground therefor) there are no uncured defaults on and any dates to which the requesting party’s performance; and (iii) no Rent has been paid in advance. If , and the amount of any Security Deposit, (ii) acknowledging that there are not, to Landlord's knowledge, any uncured defaults on the part of Tenant is required hereunder, or requested to execute more than one estoppel certificate or similar document in specifying such defaults if any twelve are claimed, and (12iii) month period, Landlord shall reimburse certifying such other matters as Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)may reasonably request.

Appears in 2 contracts

Samples: Agreement (Corechange Inc), Agreement (Corechange Inc)

Estoppel Certificate. Within At any time and from time to time, Subtenant shall within ten (10) business days after of Sublandlord’s written request therefor by Landlordto do so, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Sublandlord, promptly upon request, a statement in writing: certificate certifying (a) certifying that this Lease Sublease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease Sublease is in full force and effect, without modification as modified, and stating the date and nature of each modification), (b) the date, if any, to which Rent and other sums payable hereunder have been paid, (c) that no notice has been received by Subtenant of any default which has not been cured, except as to defaults specified in said certificate, and (d) such other matters as may be represented reasonably requested by Sublandlord. At any time and from time to time, Sublandlord shall within ten (10) business days of Subtenant’s written request to do so, execute, acknowledge and deliver to Subtenant, promptly upon request, a certificate certifying (a) that this Sublease is unmodified and in full force and effect (or, if there have been modifications, that this Sublease is in full force and effect, as modified, and stating the requesting party; date and nature of each modification), (iib) there are the date, if any, to which Rent and other sums payable hereunder have been paid, (c) that no uncured notice has been received by Sublandlord of any default which has not been cured, except as to defaults on the requesting party’s performance; specified in said certificate, and (iiid) no Rent has been paid in advance. If Tenant is required or such other matters as may be reasonably requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)by Subtenant.

Appears in 2 contracts

Samples: Sublease (Five Prime Therapeutics Inc), Sublease (Five Prime Therapeutics Inc)

Estoppel Certificate. Within Tenant shall at any time and from time to time upon not less than ten (10) days after request therefor by Landlordbusiness days' prior notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing, which may be in the form specified by Landlord, which shall certify: (a) certifying that this Lease is unmodified the Premises have been completed to the satisfaction of Tenant and in full force accepted and effect orpossessed by Tenant, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates date the term of Lease commenced, the term of the Lease, any portions to renew or extend, the amount of any security deposit and the date to which the Rent rental and any other charges are paid in advance, if any; (c) acknowledging that the Lease is in full force and effect and unmodified (or if there have been modifications, stating the nature of the modifications and certifying that the Lease so modified is in full force and effect), (d) that no notice has been received by Tenant of any default of Tenant which has not been cured (or specifying such notices), (e) that there are not, to such party’s knowledge, any no uncured defaults on the part of the requesting party hereunder, Landlord (or specifying such defaults if they any are claimed; ), off-sets, counterclaims or credits against the rents, obligations or stipulations due or to become due or required, (f) that Tenant has no knowledge of an, prior assignment, hypothecation or pledge of rents and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestbe reasonably requested by Landlord. Any such statement certificate may be relied upon by any prospective purchaser or lender purchase of all or any portion of the real property of which the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)part.

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Estoppel Certificate. Within ten (10) 10 business days after request therefor delivery of Landlord's written request, Tenant will execute, acknowledge and deliver to Landlord a written statement on a form provided by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (ai) - certifying that this Lease is unmodified and in full force and effect (or, if modified, stating starting the nature of such the modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates day to which the Rent and other charges are paid in advance, if any; (cii) acknowledging - affirmatively representing that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party hereunder, default by Landlord or Tenant (or specifying such the defaults if they are claimed); and (diii) certifying to such - providing any other matters, relative to the Premises, this Lease and Information reasonably requested by Landlord. Tenant, as Landlord may request. Any such 's written statement may be relied upon on by any a prospective purchaser or lender encombrancer of all or any portion of the Premises or any leasehold interest thereinproject. The Tenant's failure to deliver such a written statement within such the time shall, at Landlord’s option be an Event of Default hereunder and shall will be conclusive and binding upon the party upon whom the request is made against Tenant that: (i) - this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) - there are no uncured defaults on the requesting party’s in Landlord's performance or Tenant's performance; , and (iii) no - not more than one month's Rent has been paid in advance. If The failure of Tenant is required or requested to execute more than one estoppel certificate or similar document deliver the written statement to Landlord within the time will constitute a default by Tenant under this Lease, whereupon Landlord may elect to enforce any and all rights and remedies provided to Landlord in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Estoppel Certificate. Within Tenant shall at any time and from time to time, upon not less than ten (10) days after request therefor days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord and any other parties designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: writing certifying (a) certifying that this Lease is unmodified and in full force and effect and is unmodified and that Tenant has taken possession of the Premises and has accepted and approved the condition of the Premises and the Tenant Improvements (or, if modified, or disapproved, stating the nature of such modification or disapproval), (b) the date to which the rental and other charges payable hereunder have been paid in advance, if any, (c) that there are, to Tenant's actual knowledge, no uncured defaults on the part of Landlord hereunder (or specifying such defaults if any are claimed), and (d) any additional statement commonly included in a reputable institutional lender's estoppel certificate in similar transactions. Such statement may be furnished to and relied upon by any prospective purchaser, tenant or encumbrancer of all or any portion of the Property and shall include any further statement that a good faith purchaser, tenant or encumbrancer would reasonably require. Landlord shall at any time and from time to time, upon not less than ten (10) days' prior written notice from Tenant, execute, acknowledge and deliver to Tenant and any other parties designated by Tenant, a statement in writing certifying (a) that this Lease is in full force and effect and is unmodified (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent rental and other charges are payable hereunder have been paid in advance, if any; , and (c) acknowledging that there are notare, to such party’s Landlord's actual knowledge, any no uncured defaults on the part of the requesting party hereunder, Tenant hereunder (or specifying such defaults if they any are claimed; ), and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestany additional statement commonly included in a reputable institutional lender's estoppel certificate in similar transactions. Any such Such statement may be furnished to and relied upon by any prospective purchaser sublessee, assignee or lender encumbrancer of all or any portion of Tenant's interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder Property and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effectinclude any further statement that a good faith sublessee, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required assignee or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)encumbrancer would reasonably require.

Appears in 2 contracts

Samples: Lease Agreement (Earthlink Inc), Lease Agreement (WWW Holdings Inc)

Estoppel Certificate. Within Tenant agrees that from time to time upon not less than ten (10) days after business days’ prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall to deliver to the requesting party Landlord a statement in writing: the form attached hereto as Exhibit D certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advance, if anyhave been paid; (c) acknowledging that Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against the part other party under the bankruptcy laws of the requesting party hereunderUnited States or any State thereof; and (g) such other matters as may be reasonably requested. Landlord agrees that from time to time upon not less than ten (10) business days’ prior request by Tenant to deliver to Tenant a statement certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, or specifying such defaults that this Lease as modified is in full force and effect and identifying the modifications); (b) the dates to which Rent and other charges have been paid; (c) that Tenant is not in default under any provision of this Lease, or, if they are claimedin default, the nature thereof in detail; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)reasonably requested.

Appears in 2 contracts

Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after following written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesfrom time to time, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord any documents, including estoppel certificates, in a statement in writing: form required by Landlord (ai) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature attaching a copy of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying effect and the dates date to which the Rent and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party hereunderLandlord or stating the nature of any uncured defaults, (iii) evidencing the status of this Lease as may be required by a Mortgagee or specifying such defaults if they are claimed; a purchaser of the Premises, (iv) certifying the current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord, and (dv) certifying to such other mattersinformation as Landlord, relative to the PremisesLandlord’s Agents, this Lease and Mortgagees and/or prospective purchasers or their Mortgagees may reasonably request, including, but not limited to, any requested information regarding Hazardous Materials. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The ’s failure to deliver such statement an estoppel certificate within such time ten (10) business days after delivery of Landlord’s written request therefor shall, at Landlord’s option be option, constitute an Event of Default hereunder hereunder, and shall be conclusive and binding upon the party upon whom the request is made that: against Tenant (i1) that this Lease is in full force and effect, without modification effect and has not been modified except as may be represented by the requesting partyLandlord; (ii2) that there are no uncured defaults on the requesting partyin Landlord’s performanceperformance and that Tenant has no right of offset, counterclaim, or deduction against Rent; and (iii3) no not more than one (1) month’s Rent has been paid in advance. If Tenant is required or requested ; and (4) as to execute more than one the truth and accuracy of any other matters set forth in the form of estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up submitted to a total charge of five hundred dollars ($500.00)Tenant.

Appears in 2 contracts

Samples: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing certifying the following information (but not limited to the following information in the event further information is requested by Landlord): (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (c) the amount of Tenant's security deposit, if any; and (d) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; . It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinReal Property. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be shall constitute an Event of Default hereunder admission by Tenant that all statements contained therein are true and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancecorrect. If Tenant is required or requested agrees to execute more than one estoppel certificate or similar document all documents required in accordance with this Article 25 within ten (10) days after delivery of said documents. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to execute any twelve (12) month and all documents described in this Article 25 if Tenant fails to do so within the specified time period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Office Lease (Alloy Online Inc), Office Lease (Stanford Microdevices Inc)

Estoppel Certificate. Within The Tenant shall from time to time, within ten (10) days after request therefor being requested to do so by Landlordthe Landlord or any Senior Holder, or if on any saleexecute, assignment or hypothecation by enseal, acknowledge and deliver to the Landlord of (or, at the Landlord’s interest in request, to any existing or prospective purchaser, transferee, assignee or Senior Holder of any or all of the Premises, the Property, any interest therein or any part thereofof the Landlord’s rights under this Lease) an instrument in recordable form, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (a) certifying that this Lease is unmodified and in full force and effect (or, if modifiedthere has been any modification thereof, stating the nature of such modification and certifying that this Lease, as so modified, it is in full force and effecteffect as so modified, stating therein the nature of such modification); (b) certifying as to the dates to which the Base Rent and any Additional Rent and other charges are paid in advance, if anyarising hereunder have been paid; (c) acknowledging as to the amount of any prepaid Rent or any credit due to the Tenant hereunder; (d) that there are notthe Tenant has accepted possession of the Premises, and the date on which the Term commenced; (e) as to whether, to such party’s knowledgethe actual knowledge (without obligation to make more than commercially reasonable inquiry of management personnel situated in the Premises), any uncured defaults on the part information and belief of the requesting party hereundersigner of such certificate the Landlord or the Tenant is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such default); (f) as to any other fact or specifying condition reasonably requested by the Landlord or such defaults if they are claimedother addressee; and (dg) certifying to acknowledging and agreeing that any statement contained in such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement certificate may be relied upon by the Landlord and any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)other addressee.

Appears in 2 contracts

Samples: Agreement of Lease (Medallion Financial Corp), Agreement of Lease

Estoppel Certificate. Within The Tenant agrees that from time to time upon not less than ten (10) days after business days' prior request therefor by Landlord, or if on the holder of any saleMortgage or any ground lessor, assignment the Tenant (or hypothecation by Landlord of Landlord’s interest in the Premisesany permitted assignee, subtenant, licensee, concessionaire, or any part thereofother occupant of the Premises claiming by, an estoppel certificate shall be required from through, or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any Mortgage or ground lessor, a statement in writing: writing signed by Tenant certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunderUnited States or any State thereof, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord, the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceholder of any Mortgage or ground lessor. If Tenant is required or requested to execute more than one estoppel certificate or requests a similar document in any twelve (12) month period, statement stain the status of this Lease Landlord shall reimburse provide same to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)within ten 10 business days.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying to setting forth such other matters, relative further information with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such time 5 days after a second notice [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. requesting same shall, at the option of Landlord’s option be an Event of Default hereunder and shall , be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred execution, provided that such second notice states in having bold and capitalized letters that Tenant’s failure to respond within 5 days may result in such documents reviewed, up to a total charge of five hundred dollars ($500.00)conclusion.

Appears in 2 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Estoppel Certificate. Within ten Tenant shall, within five (105) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesrequest therefor, or any part thereof, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature a ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anyExpiration Date; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writing as may shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; and (iiih) no Rent has been paid in advancesuch other information as Landlord may request. Landlord’s mortgage lenders and purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant. If Tenant is required or requested fails to execute more than one such estoppel certificate or similar document in any twelve within such five (125) month day period, Landlord may execute the same on behalf of Tenant as Tenant’s duly authorized attorney-in-fact. For such purpose, Tenant hereby makes, constitutes and appoints Landlord as Tenant’s true and lawful attorney to act for Tenant and in Tenant’s name, place and stead and for Tenant’s use and benefit. Such power of attorney shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be irrevocable and shall be deemed to a total charge of five hundred dollars ($500.00)be coupled with an interest.

Appears in 2 contracts

Samples: Lease Agreement (Herbst Gaming Inc), Lease Agreement (Herbst Gaming Inc)

Estoppel Certificate. Within The Tenant agrees that from time to time upon not less than ten (10) days after business days' prior request therefor by Landlord, or if on the holder of any saleMortgage or any ground lessor, assignment the Tenant (or hypothecation by Landlord of Landlord’s interest in the Premisesany permitted assignee, subtenant, licensee, concessionaire, or any part thereofother occupant of the Premises claiming by, an estoppel certificate shall be required from through, or under Tenant, Tenant shall ) will deliver to Landlord or to the requesting party holder of any Mortgage or ground lessor, a statement in writing: writing signed by Tenant certifying (a) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, lease as so modified, modified is in full force and effecteffect and identifying the modifications); (b) certifying the date upon which Tenant began paying Rent and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (c) acknowledging that the Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; (d) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in the Lease; (f) that there are notno actions, to such party’s knowledgewhether voluntary or otherwise, any uncured defaults on pending against Tenant under the part bankruptcy laws of the requesting party hereunderUnited States or any State thereof, or specifying such defaults if they are claimed; and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented required by Landlord, the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceholder of any Mortgage or ground lessor. If Tenant is required or requested to execute more than one estoppel certificate or requests a similar document in any twelve (12) month periodstatement, stating the status of this Lease, Landlord shall reimburse provide same to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars within ten ($500.00)10) business days.

Appears in 2 contracts

Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Estoppel Certificate. Within ten (10) Tenant shall, within 10 business days after request therefor by of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing in any form reasonably requested by a proposed lender or purchaser, (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cii) acknowledging acknowledging, to Tenant’s actual knowledge, that there are not, to such party’s knowledge, not any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (diii) certifying setting forth such further information, to such other mattersTenant’s actual knowledge, relative with respect to the Premises, status of this Lease and Tenant, or the Premises as Landlord may requestbe requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant’s failure to deliver such statement within such time shall, at the option of Landlord’s option be an Event , constitute a Default under Section 20(g) of this Lease (subject to the cure right set forth therein), and, in the event that such Default hereunder and is not timely cured by Tenant, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 2 contracts

Samples: Lease Agreement (Elan Corp PLC), Lease Agreement (Prothena Corp PLC)

Estoppel Certificate. Within Tenant agrees that from time to time upon not less than ten (10) days after days’ prior request therefor by Landlord, or if on any saleexisting or prospective Mortgagee or Ground Lessor, assignment Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or hypothecation by other occupant of the Premises claiming by, through or under Tenant, to complete, execute and deliver to Landlord of or Landlord’s interest in the Premisesdesignee or to any existing or prospective Mortgagee or Ground Lessor, or any part thereof, an a written estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: certifying (a) certifying that this Lease is unmodified and is in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effecteffect and setting forth the modifications); (b) certifying the dates to which amounts of the monthly installments of Base Rent and other charges are Additional Rent Estimate then required to be paid in advance, if anyunder this Lease; (c) acknowledging the date to which Rent has been paid; (d) that there are not, to such partythe best of Tenant’s knowledge, Landlord is not in default under any uncured defaults on the part of the requesting party hereunderprovisions of this Lease, or specifying such defaults if they are claimedin default, the nature thereof in detail and what is required to cure same; and (de) certifying to such other matters, relative to information concerning the Premises, status of this Lease and or the parties’ performance hereunder reasonably requested by Landlord or the party to whom such estoppel certificate is to be addressed. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The ’s failure to complete, execute and deliver such statement estoppel certificate within the aforesaid 10-day period, if such time shallfailure continues for five (5) days after written notice to Tenant of such failure, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) deemed to be a Default under Section 19 of this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Estoppel Certificate. Within ten Tenant shall, within Ten (10) days after request therefor by Landlord's written request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writing: (a) certifying written declaration that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are notno incurred defaults in Landlord's performance; that this Lease has not been assigned, to such party’s knowledgemodified, any uncured defaults on the part of the requesting party hereundersupplemented, or specifying amended (except by such defaults writings as shall be stated); that all conditions under this Lease to be performed by Landlord have been satisfied; that there are no defenses or offsets against the enforcement of this Lease by the Landlord, or stating those claimed by Xxxxxx; the amount of advance rent, if they are claimedany (or none if such is the case) paid by Tenant; the date to which rent has been paid; and (d) certifying the amount of security deposited with Landlord. Such declaration shall be executed and delivered by Xxxxxx from time to such other matters, relative to the Premises, this Lease and Tenant, time as Landlord may request. Any such statement may be relied requested by Landlord. Xxxxxxxx's mortgage lenders and/or purchasers shall be entitled to rely upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest thereinsame. The Tenant's failure to deliver such statement declaration within such the time shall, at Landlord’s option be an Event of Default hereunder and permitted hereby shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without except to the extent any modification except as may be has been represented by the requesting party; (ii) Landlord, and that there are no uncured incurred defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent that not more than one month's rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 2 contracts

Samples: Lease Agreement (Universal Technical Institute Inc), Universal Technical Institute Inc

Estoppel Certificate. Within Tenant agrees, at any time and from time to time, upon not less than ten (10) days after request therefor prior written notice by Xxxxxxxx, to execute, acknowledge and deliver to Landlord or any person designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect effect, or, if modifiedthere have been modifications specifying the same; (ii) certifying that Xxxxxx has accepted possession of the Premises, and that any improvements required by the terms of this Lease to be made by the Landlord have been completed to the satisfaction of the Tenant or, if not, describing such unsatisfactory improvements; (iii) stating that no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (iv) stating the nature of such modification and address to which notices to Tenant should be sent; (v) certifying that Tenant, as of the date of any such certification, has no charge, lien or claim of set-off under this Lease, as so modifiedor otherwise, is in full force and effectagainst rents or other charges due or to become due hereunder; (bvi) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are stating whether or not, to such party’s the best of Tenant's knowledge, Landlord is in default in the performance of any uncured defaults on the part covenant, agreement or condition contained in this Lease, and, if so, specifying each such default of the requesting party hereunder, or specifying such defaults if they are claimedwhich Tenant may have knowledge; and (dvii) certifying to such containing any other matters, relative to the Premises, this Lease and Tenant, statement as Landlord may reasonably request. Any such statement delivered pursuant to this Section may be relied upon by any owner of the Building, any prospective purchaser of the Building, any mortgagee or lender prospective mortgagee of all the Building or of Landlord's interest, or any portion prospective assignee of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)mortgagee.

Appears in 2 contracts

Samples: Office Lease Agreement (Metro Information Services Inc), Office Lease Agreement (Metro Information Services Inc)

Estoppel Certificate. Within ten A. At any time, and from time to time, Lessee shall, promptly and in no event later than fifteen (1015) days after a request therefor by Landlordfrom Lessor or Lender, execute, acknowledge and deliver to Lessor or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest Lender a certificate in the Premisesform supplied by Lessor, Lender or any part thereofpresent or proposed mortgagee or purchaser designated by Lessor, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made thatcertifying: (i) that Lessee has accepted the Properties and Equipment (or, if Lessee has not done so, that Lessee has not accepted the Properties, and specifying the reasons therefor); (ii) that this Lease is in full force and effect and has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, without modification the certificate shall so specify the reasons therefor; (iii) the commencement and expiration dates of the Lease Term, including the terms of any extension options of Lessee; (iv) the date to which the rentals have been paid under this Lease and the amount thereof then payable; (v) whether there are then any existing defaults by Lessor in the performance of its obligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (vi) that no notice has been received by Lessee of any default under this Lease which has not been cured, except as may be represented by to defaults specified in the requesting partycertificate; (iivii) there are no uncured defaults the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Lessee; (viii) that neither Lessor nor Lender has actual involvement in the requesting party’s performancemanagement or control of decision making related to the operational aspects or the day-to-day operations of the Properties, including the USTs or the handling or disposal of Hazardous Materials; and (iiiix) no Rent has been paid in advance. If Tenant is required any other information reasonably requested by Lessor, Lender or requested to execute more than one estoppel certificate such present or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)proposed mortgagee or purchaser.

Appears in 2 contracts

Samples: Master Lease (Alon USA Energy, Inc.), Master Lease (Alon USA Energy, Inc.)

Estoppel Certificate. Within ten (10a) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall at any time and from time to time upon not less than ten days' prior written notice from Landlord execute, acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they are claimed; and (diii) certifying to such other matters, relative matters relating to the Premises, this Lease and Tenant, as Landlord may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The (b) Tenant's failure to deliver such a statement within such the time shall, at Landlord’s option be an Event of Default hereunder and prescribed by Landlord in its request for same shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent that not more than one month's rental has been paid in advance. If Tenant is required 16. Landlord's Remedies (a) The following shall constitute events of default: (i) Tenant's failure to pay any amount due under Article 2, Article 5(b) or requested Article 7 of this Lease within 5 days of when due, or Tenants failure to execute more than one pay any other amount due under this Lease within 5 days after notice from Landlord. (ii) Tenant's failure to execute, acknowledge and return an estoppel certificate under Article 16 or similar document a subordination agreement under Article 19, within ten days after request. (iii) Tenant's failure to perform any other obligation under this Lease within fifteen days after notice of nonperformance; provided, however, that if the breach is of such a nature that it can be cured but it cannot be cured within fifteen days, Tenant shall be deemed to have cured if cure is commenced promptly and diligently pursued to completion with completion accomplished within 30 days of the original notice of nonperformance; and provided further, that in the event of a breach involving an imminent threat to health or safety, Landlord may in its notice of breach reduce the period for cure to such shorter period as may be reasonable under the circumstances. (iv) Tenant vacates, abandons, or otherwise ceases to operate the Premises on a continuing basis except temporary absence, excused by Landlord in its sole discretion, by reason of fire, casualty, or other cause wholly beyond Tenant's control. (v) Any goods, chattels or equipment of Tenant are taken in execution or in attachment or if a writ of execution is issued against Tenant or if Tenant or any twelve guarantor becomes insolvent or files a petition under the Bankruptcy Act or becomes bankrupt or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver shall be appointed for the business, property, affairs or revenues of Tenant or any guarantor (12provided, however, that in the case of involuntary proceedings, Tenant shall have 60 days to cause them to be dismissed), or if Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its goods, chattels and equipment out of the Premises other than in the normal course of its business. (b) month periodUpon the occurrence of an event of default, Landlord, at any time thereafter without further notice or demand, may, in addition to all of its rights and remedies at law and/or at equity, exercise any one or more of the following remedies concurrently or in succession, all of which shall be cumulative: (i) Terminate Tenant's right to possession of the Premises by legal process or otherwise, with or without terminating this Lease, and retake exclusive possession of the Premises. (ii) From time to time relet all or portions of the Premises, using reasonable efforts to mitigate Landlord's damages. In connection with any reletting, Landlord may relet for a period extending beyond the term of this Lease and may make alterations or improvements to the Premises without releasing Tenant of any liability. Upon a reletting of all or substantially all of the Premises, Landlord shall reimburse be entitled to recover all of its then prospective damages for the balance of the Lease term measured by the difference between amounts payable under this Lease and the anticipated net proceeds of reletting during the remaining Term. In no event shall Tenant be entitled to receive any amount representing the excess of avails of reletting over amounts payable hereunder. (iii) From time to time recover accrued and unpaid rent and damages arising from Tenant's breach of the Lease, regardless of whether the Lease has been terminated, together with applicable late charges and interest. (iv) Enforce the statutory landlord's lien on Tenant's property. (v) Recover all reasonable attorneys' fees incurred by Landlord in connection with enforcing this Lease, recovering possession and collecting amounts owned. (vi) Perform the obligation on Tenant's behalf and recover from Tenant, upon demand, the entire amount expended by Landlord plus 20% for special handling, supervision, and overhead. (vii) Terminate this Lease by giving written notice of such intention to terminate. In the event that Landlord elects to terminate this Lease, then Landlord may recover from Tenant: (a) All unpaid Rent owed by Tenant as of the date of termination; plus (b) All Rent which would have been payable by Tenant under this Lease but for its legal fees termination until the time of award; plus (c) All Rent under the Lease for the balance of the Term after the time of award; plus (d) All other damages incurred by Landlord as a result of Tenant s default. default. Although defined elsewhere, the parties acknowledge that the term Rent shall be deemed to be and mean the Annual Minimum Rent and all other sums required to be paid by Tenant pursuant to the terms of this Lease. (viii) Pursue other remedies available at law or in having equity. (c) Upon a termination of Tenant's right to possession, whether or not this Lease is terminated, subtenancies and other rights of persons claiming under or through Tenant: (i) shall be terminated or (ii) Tenant's interest shall be assigned to Landlord. Landlord may separately elect termination or assignment with respect to each such documents reviewedsubtenancy or other matter. 17. Notices All notices to be given by one party to the other under this Lease shall be in writing, up mailed or hand-delivered to each at the address to the individual, set forth at the end of this Lease or at a total charge changed address if notice of five hundred dollars the change is given to the other party in writing. In the case of notice to Tenant after Tenant takes possession of the Premises, notice shall be sufficient if mailed or delivered to the address of the Premises. Mailed notices shall be sent by United States certified or registered mail, postage prepaid. Such notices shall be deemed to have been given upon posting in the United States mail. Actual notice shall be no substitute for written notice under any provision of this Lease. 18. Subordination Landlord expressly reserves the right at any time to place ground leases, liens and encumbrances on and against the Premises and the Center ($500.00collectively, the Title Matters ), superior in lien and effect to this Lease and the estate created hereby. Tenant acknowledges that there may currently exist any such Title Matters which are superior in lien and effect to this Lease and the estate created hereby. This provision shall be self-operative, but Tenant shall nevertheless execute upon request subordination agreements presented by Landlord to confirm the superiority of the Title Matters. 19.

Appears in 2 contracts

Samples: Retail Lease (Giant Industries Inc), Retail Lease (Giant Industries Inc)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by Business Days’ prior written notice from Landlord, or if on any sale, assignment or hypothecation by execute and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenantin a form generally consistent with the requirements of institutional lenders and prudent purchasers containing such statements of fact as Landlord may reasonably request including, Tenant shall deliver to but not limited to, the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) certifying the dates date to which the Base Rent and other charges are paid in advance, if anyadvance and the amounts then payable; (c) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults or unfulfilled obligations on the part of the requesting party hereunderLandlord, or specifying such defaults or unfulfilled obligations, if they any are claimed; and (d) certifying to such other matters, relative to that Tenant has taken possession of the Premises, this Lease and Tenant, as Landlord may request. Any such statement certificate may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The failure to deliver such statement within such time Landlord shall, at Landlord’s option be any time and from time to time, upon not less than ten (10) Business Days’ prior written notice from Tenant, execute and deliver to Tenant an Event estoppel certificate containing such statements of Default hereunder and shall be conclusive and binding upon fact as Tenant may reasonably request including, but not limited to, the party upon whom the request is made thatfollowing: (ia) that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, without modification except as may be represented by the requesting party); (iib) there the date to which the Base Rent and other charges are no uncured defaults on paid in advance and the requesting party’s performanceamounts then payable; and (iiic) no Rent has been paid in advancethat there are not, to Landlord’s knowledge, any uncured defaults or unfulfilled obligations on the part of Tenant, or specifying such defaults or unfulfilled obligations, if any are claimed. If Any such certificate may be conclusively relied upon by any prospective assignee or any purchaser or encumbrancer of Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)assets.

Appears in 2 contracts

Samples: Lease (Mercury Computer Systems Inc), Lease (Mercury Computer Systems Inc)

Estoppel Certificate. Within Tenant shall at any time and from time to time upon not less than ten (10) days after request therefor by Landlordbusiness days' prior notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing, which may be in the form specified by Landlord, which shall certify: (a) certifying that this Lease is unmodified the Premises have been completed to the satisfaction of Tenant and in full force accepted and effect orpossessed by Tenant, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates date the term of Lease commenced, the term of the Lease, any portions to renew or extend, the amount of any security deposit and the date to which the Rent rental and any other charges are paid in advance, if any; (c) acknowledging that the Lease is in full force and effect and unmodified (or if there have been modifications, stating the nature of the modifications and certifying that the Lease so modified is in full force and effect), (d) that no notice has been received by Tenant of any default of Tenant which has not been cured (or specifying such notices), (e) that there are not, to such party’s knowledge, any no uncured defaults on the part of the requesting party hereunder, Landlord (or specifying such defaults if they any are claimed; ), off-sets, counterclaims or credits against the rents, obligations or stipulations due or to become due or required, (f) that Tenant has no knowledge of any prior assignment, hypothecation or pledge of rents and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestbe reasonably requested by Landlord. Any such statement certificate may be relied upon by any prospective purchaser or lender purchase of all or any portion of the real property of which the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)part.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

Estoppel Certificate. Within ten (10) days after request therefor by Landlordeither party, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant other party shall deliver to the requesting party party, in recordable form, a statement in writing: certificate certifying (if such be the case, or otherwise setting forth any exceptions thereto) that (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advancedate of Tenant's most recent payment of Rent, if any; or setting forth any exceptions (c) acknowledging that there are notthe certifying party has no defenses or offsets outstanding, or stating those offsets or defenses claimed by the certifying party; (d) that to such the certifying party’s 's knowledge, any uncured defaults on the part of the requesting party hereunderhas no defenses or offsets outstanding, or specifying such defaults if they are claimedstating those offsets or defenses claimed by the other party; and (de) certifying to such and any other matters, relative to the Premises, this Lease and information reasonably requested. Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The 's failure to deliver such statement within such said certificate in time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) there are no uncured defaults on the requesting party’s performancein Landlord's performance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one period's Base Rent has been paid in advance. If Tenant Landlord's failure to deliver said certificate in time shall be conclusive upon Landlord that: (x) this Lease is required or requested in full force and effect, without modification except as may be represented by Tenant; (y) there are no uncured defaults in Tenant's performance; and (z) Tenant's representation as to execute more than one estoppel the amount of Base Rent that has been paid in advance is correct. Failure of a party to deliver such a certificate or similar document to the other party within ten (10) days following Landlord's request therefor shall be deemed such party's acknowledgment of the correctness of the statements made in any twelve (12the foregoing sentence and that the requesting party's mortgagee(s) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and/or purchaser(s) may rely on said statements.

Appears in 2 contracts

Samples: Agreement Regarding Lease (Iomega Corp), Office Lease (Jni Corp)

Estoppel Certificate. Within Tenant shall, within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesrequest therefor, or any part thereof, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such other persons as Landlord shall be required from Tenant, Tenant shall deliver to request setting forth the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature ratification of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent Commencement Date and other charges are paid in advance, if anytermination date hereof; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except as may such writing as shall be represented by the requesting partystated); (iid) that all conditions under this Lease to be performed by Landlord have been satisfied; (e) there are no uncured defaults on defenses or offsets against the requesting party’s performanceenforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; (h) the amount of the security deposit, if any; and (iiii) no Rent such other information as Landlord may reasonably request. In the event that Tenant fails within ten (10) days after Landlord has been paid delivered to Tenant an estoppel certificate pursuant to this Section to properly execute and deliver the same to Landlord, Tenant shall be deemed to have consented to such estoppel certificate as written; provided, however, that such non-consent shall not relieve Tenant from its responsibilities for default under this Lease by reason of its failure to return an estoppel certificate in advanceaccordance with this Section. If Mortgage lenders and/or purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant or which Tenant is required or requested deemed to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)have consented.

Appears in 2 contracts

Samples: Lease Agreement (Forevergreen Worldwide Corp), Lease Agreement (Whole Living Inc)

Estoppel Certificate. Within ten Upon request by Landlord, Tenant shall, from time to time, execute, acknowledge and deliver to Landlord a written statement certifying that this Lease is in full force and effect and unmodified (10or if modified specifying the nature of the modification), the dates to which Rent and other charges have been paid, that Landlord is not in default hereunder (or if in default, specifying the nature of any default) and such other matters pertaining to the Lease or Tenant's occupancy of the Demised Premises as Landlord may reasonably request. It is understood that such statement may be relied upon by Landlord, a prospective purchaser, mortgagee or assignee of any mortgagee of Landlord's interest in the Demised Premises or this Lease. Landlord shall, without charge, at any time and from time to time during the term of this Lease, but in no event more often than once in any twelve (12) month period, within thirty (30) days after request therefor by Landlord, or if on any sale, assignment or hypothecation receipt by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required written request therefor from Tenant, deliver a duly executed and acknowledged certificate or statement to Tenant shall deliver to the requesting party a statement in writingcertifying: (a) certifying that this Lease is unmodified and in full force and effect effect, or, if modifiedthere has been any modification, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effecteffect as modified, and stating any such modification; (b) certifying the date of commencement of the term of this Lease; (c) that Annual Base Rent is paid currently without any offset or defense thereto; (d) the dates to which the Annual Base Rent and other charges are payable hereunder by Tenant have been paid, and the amount of Annual Base Rent paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (de) certifying to such any other matters, relative matter relating to the Premises, status of this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive reasonably requested by Tenant; provided, that, in fact, such facts are accurate and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented ascertainable by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Landlord.

Appears in 2 contracts

Samples: And Option Agreement (Ha Lo Industries Inc), Lease (Ha Lo Industries Inc)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Infiniti Solutions LTD), Lease Agreement (Interlink Electronics)

Estoppel Certificate. Within Tenant shall from time to time, upon written request by Landlord or Lender, deliver to Landlord or Lender, within ten (10) business days after request therefor by Landlordfrom receipt of such request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of identifying such modification modifications and certifying that this the Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent and other charges are paid in advance, if anyhas been paid; (ciii) acknowledging that there are notthat, to such partyTenant’s actual knowledge, Landlord is not in default under any uncured defaults on the part provision of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant(or if Landlord is in default, as Landlord may request. Any specifying each such default); and, (iv) the address to which notices to Tenant shall be sent; it being understood that any such statement so delivered may be relied upon by in connection with any prospective purchaser lease, mortgage or lender of all or any portion of the Premises or any leasehold interest thereintransfer. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification effect and not modified except as Landlord may be represented by the requesting partyrepresent; (ii) there are no uncured defaults on the requesting partynot more than one month’s performance; and (iii) no Rent has been paid in advance; (iii) there are no defaults by Landlord which are known to Tenant; and, (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease. If Notwithstanding the presumptions of this Article, Tenant is required or requested shall not be relieved of its obligation to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)deliver said statement.

Appears in 2 contracts

Samples: Office Lease, Office Lease (RingCentral Inc)

Estoppel Certificate. Within ten (10) Tenant shall from time to time, within 10 business days after written request therefor by from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest acknowledge and deliver a certificate affirming that, except as otherwise expressly stated in the Premisescertificate, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (aA) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (bB) to Tenant's actual knowledge, Landlord is not in default hereunder, or if so, specifying each such default of which Tenant may have actual knowledge; (C) Tenant is in possession of the Premises; (D) to Tenant's actual knowledge, Tenant has no off-sets or defenses to the performance of its obligations under this Lease (except as otherwise stated); (E) that the Premises have been completed in accordance with the terms, covenants and conditions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (F) certifying such other matters as Landlord may reasonably request, or as may be requested by Landlord's current or prospective Holders, insurance carriers, auditors, rating agencies, and prospective purchasers. The certificate shall also confirm the dates to which the Rent and other charges are has been paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, advance and the amount of any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestSecurity Deposit. Any such statement The certificate may be relied upon by any Landlord, its Holder(s), insurance carriers, auditors, rating agencies, and prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancepurchasers. If Tenant is required or requested shall fail to timely execute more than one and return an estoppel certificate or similar document in any twelve (12) month periodwhich has been delivered to Tenant, Landlord Tenant shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up be deemed to a total charge of five hundred dollars ($500.00)have agreed with the matters originally set forth therein.

Appears in 1 contract

Samples: Lease (Wells Real Estate Fund Xiii L P)

Estoppel Certificate. Within Tenant shall from time to time, but no more than three (3) times per any twelve (12) month period, and within ten (10) business days after request therefor by prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing in such form as may be reasonably required by Landlord’s Mortgagee or any prospective purchaser of the Demised Premises (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and other charges are paid in advance, if any; , (cii) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they are claimed; , and (diii) certifying to containing such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestare set forth in such form. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion Mortgagee of the Premises or any leasehold interest thereinDemised Premises. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) no that not more than one month’s Rent has been paid in advance. If Failure of Tenant is required or requested to so deliver such statement shall be an Event of Default hereunder. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to execute more than one estoppel certificate or similar document and deliver such statement to any third party in any twelve (12) month period, Landlord shall reimburse the name and on behalf of Tenant for its legal fees incurred in having such documents reviewed, up if Tenant fails to a total charge of five hundred dollars ($500.00)comply with the foregoing.

Appears in 1 contract

Samples: Retail Lease (Prime Meridian Holding Co)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing certifying the following information, (abut not limited to the following information in the event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (ciii) the amount of Tenant's Security Deposit, if any; (iv) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; and (dv) certifying to such other matters, relative to information regarding the Premises, this Lease as may be requested by Landlord. It is expressly understood and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinreal property. The Tenant's failure upon Landlord's reasonable request to deliver such statement within such time shall, at the option of Landlord’s option be , constitute a default under this Lease. Furthermore, Tenant's failure to deliver such statement within such time shall constitute an Event of Default hereunder admission by Tenant that all statements contained therein are true and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancecorrect. If Tenant is required or requested agrees to execute more than one estoppel certificate or similar document all documents required in any twelve accordance with this Article 25 within ten (1210) month period, Landlord shall reimburse Tenant for its legal fees incurred in having days after delivery of said documents and the failure to execute such documents reviewedwithin ten (10) days shall entitle Landlord to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, up constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to a total charge of five hundred dollars ($500.00)execute such documents pursuant to this Article.

Appears in 1 contract

Samples: Office Lease (Pilot Network Services Inc)

Estoppel Certificate. Within ten A. As often as may be requested by Landlord, Tenant shall within thirty (1030) days after the written request therefor by Landlord, of Landlord and without cost to Landlord duly execute and deliver to Landlord or if on to any sale, assignment or hypothecation other person designated by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwritten instrument certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there has been a modification, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effecteffect as modified, and stating the modification); (bii) certifying the dates dates, if any, to which the Rent Rent, and other charges are paid in advancesums and payments due under this Lease have been paid; (iii) whether Landlord has breached the performance of any covenants, terms and conditions on Landlord's part to be performed under this Lease, and the nature of Landlord's breach, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (div) certifying to such other matters, relative to the Premises, this Lease and Tenant, relevant information as Landlord or any Mortgagee may reasonably request. Any such statement Landlord may be relied upon by any prospective purchaser or lender of all or any portion of prepare said document for Tenant's signature and send the Premises or any leasehold interest therein. The failure same to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceTenant for Tenant's signature. If Tenant is required or requested does not execute and return the same to execute more than one estoppel certificate or similar document in any twelve Landlord within thirty (1230) month period, days after Landlord's initial request Landlord shall reimburse so notify Tenant for its legal fees incurred in having such documents reviewedwriting ("First Estoppel Notice"). If Tenant does not execute and return the same to Landlord within fifteen (15) days after delivery of the First Estoppel Notice Landlord shall so notify Tenant in writing ("Second Estoppel Notice"). If Tenant does not execute and return the same to Landlord within fifteen (15) days after delivery of the Second Estoppel Notice, up Tenant shall be deemed to a total charge of five hundred dollars ($500.00)have certified all information contained therein.

Appears in 1 contract

Samples: Lease Agreement (First Capital Income Properties LTD Series Viii)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by business days' from the date of receipt from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing certifying the following information (abut not limited to the following information in the event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (ciii) the amount of Tenant's security deposit, if any; (iv) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; and (dv) certifying to such other matters, relative to statements regarding the Premises, this Lease as may be reasonably requested by Landlord. It is expressly understood and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinreal property. The Tenant's failure upon Landlord's reasonable request to deliver such statement within such time shall, at the option of Landlord’s option be , constitute a default under this Lease. Furthermore, Tenant's failure to deliver such statement within such time shall constitute an Event of Default hereunder admission by Tenant that all statements contained therein are true and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advancecorrect. If Tenant is required or requested agrees to execute more than one estoppel certificate or similar document all documents required in any twelve accordance with this Article 25 within ten (1210) month period, Landlord shall reimburse Tenant for its legal fees incurred in having business days after the date of receipt of said documents and the failure to execute such documents reviewedwithin ten (10) business days shall entitle Landlord to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, up constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to a total charge of five hundred dollars ($500.00)execute such documents pursuant to this Article.

Appears in 1 contract

Samples: Office Lease (Health Management Systems Inc)

Estoppel Certificate. Within ten Tenant shall within five (105) days after request therefor by Landlordof written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent and rent or other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting party’s in Landlord's performance; , and (iii) no Rent that not more than one (1) month's rent has been paid in advance.. If Landlord desires to finance or refinance the Premises, or any part thereof, or any building of which the Premises may be a part, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. If Tenant is required or requested to execute more than one estoppel certificate or similar document Such statements shall include the past three years' financial statements of Tenant. All such financial statements shall be received by Landlord in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 1 contract

Samples: Commercial Lease

Estoppel Certificate. Within Tenant shall from time to time, upon written request by Landlord or any Lender, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after request therefor by Landlordreceipt of such request, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying, without limitation: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of identifying such modification modifications and certifying that this the Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent and any other charges are paid have been paid; (iii) that Landlord is not in advancedefault under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if any; (c) acknowledging that there are nottrue, to such party’s knowledgeno events or conditions exist which, any uncured defaults with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder; (iv) the requesting party hereunder, or specifying such defaults if they are claimedaddress to which notices to Tenant shall be sent; (v) the amount of Tenant's security deposit and (dvi) certifying to such other matters, relative to the Premises, this Lease and Tenant, factual statements as Landlord may request. Any be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon by in connection with any prospective purchaser lease, mortgage or lender of all or any portion of the Premises or any leasehold interest thereintransfer. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made Tenant that: (i) this Lease is in full force and effect, without modification effect and has not been modified except as Landlord may be represented by the requesting partyrepresent; (ii) there are no uncured defaults on the requesting party’s performance; and not more than one (iii1) no month's Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant's Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. If Notwithstanding the presumptions of this Article, Tenant is required or requested shall not be relieved of its obligation to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)deliver said statement.

Appears in 1 contract

Samples: Alnylam Pharmaceuticals Inc

Estoppel Certificate. Within Tenant shall, without charge, at any time and from time to time, within ten (10) business days after request therefor by Landlord, Mortgagee, any purchaser of the Land, the Complex or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, Building or any part thereofother interested person, an estoppel certificate shall be required from Tenantexecute, Tenant shall acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such estoppel certificate, the following: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating that the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effecteffect as modified and setting forth such modifications); (bii) certifying that the dates to which Term has commenced (and setting forth the Rent commencement date and other charges are paid in advance, if anyexpiration date); (ciii) acknowledging that Tenant is presently occupying the Premises; (iv) the amounts of rent currently due and payable by Tenant; (v) that any alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder; (vii) that no rent (except the first installment thereof') has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, to such party’s knowledge, any uncured defaults on specifying the part of the requesting party hereunder, or specifying such defaults if they are claimedcorrect address); and (dxi) certifying to such any other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestcertifications requested by Landlord. Any such statement estoppel certificate delivered pursuant to this Article may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallLand, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)well as their assignees.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Exigent International Inc)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within not less than five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Samples: Basic Lease (Ameriquest Technologies Inc)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after days’ prior written request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute and deliver to the requesting party Landlord a statement in writingwritten certificate certifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are notany off-sets or defenses, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimeda full and complete explanation thereof); and (dvi) certifying to such other mattersadditional matters as may be requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective purchaser purchaser, mortgagee, or lender of all other person having or any portion of acquiring an interest in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding. If Tenant is required or requested fails to execute more than one estoppel and deliver any such certificate or similar document within ten days after request, Tenant shall be deemed to have irrevocably appointed Landlord and Landlord’s beneficiaries as Tenant’s attorneys-in-fact to execute and deliver such certificate in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Tenant’s name.

Appears in 1 contract

Samples: Office Lease (Telvent Git S A)

Estoppel Certificate. Within Tenant shall, without charge, at any time and from time to time, within ten (10) business days after request therefor by Landlord, Mortgagee, any purchaser of the Land or if on any salethe Building , assignment or hypothecation by Landlord of Landlord’s interest in the Premisesexecute, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such estoppel certificate, the following: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except effect as may be represented by the requesting partymodified and setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured defaults on default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the requesting party’s performancesame in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, specifying the correct address); and (iiixi) no Rent has been paid in advance. If Tenant is required or any other factual certifications requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)by Landlord.

Appears in 1 contract

Samples: Cysive Inc

Estoppel Certificate. Within Tenant shall, without charge and at any time within ten (10) days after a request therefor by Landlord execute and deliver to Landlord a written estoppel certificate in reasonable form certifying to Landlord or any other person(s) designated by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that the Premises have been delivered to Tenant in the condition required by this Lease and that Tenant is in possession of the Premises and is currently paying Rent in full; (b) that the Lease is unmodified and in full force and effect oreffect, or if modifiedthere have been modifications, stating that the nature of such modification and certifying that this Lease, as so modified, Lease is in full force and effect; (b) certifying effect as modified and setting forth the dates to which the Rent and other charges are paid in advance, if anymodifications; (c) acknowledging that whether or not there are notthen existing any set-offs or defenses against the enforcement of any right or remedy of Landlord, to such party’s knowledgeor of any duty or obligation of Tenant under the Lease, and if so, describing the setoffs or defenses; (d) the dates, if any, any Rent has been paid in advance; (e) that Tenant has no knowledge of any uncured defaults on the part of the requesting party hereunderLandlord under this Lease, or if Tenant knows of any event, a description of the event; (f) that Tenant has no knowledge of any event that authorized Tenant to terminate this Lease (or if Tenant has any knowledge, specifying such defaults if they are claimedthe event in detail); (g) the current and future schedule of Rent; (h) the expiration date of the Term and of any Option Term; and (di) certifying to any other matters that Landlord or such other matters, relative person(s) may require to be confirmed. Tenant's failure to respond within the ten (10) day period prescribed in this section shall constitute Tenant's irrevocable acceptance and approval of the facts set forth in any statement delivered by Landlord to Tenant pursuant to this section and shall thereafter be estopped from asserting any claims contrary to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of statements contained in the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Samples: Lease Agreement (Americabilia Com Inc)

Estoppel Certificate. Within ten Tenant shall, within fifteen (1015) days after request therefor by receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit I, or on any other form reasonably requested by a proposed Lender or purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further factual information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such the prescribed time shall, at Landlord’s option be an Event of 's option, constitute a Default hereunder and (as defined below) under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred execution. Landlord shall, within fifteen (15) days after receipt of written notice from Tenant, execute, acknowledge and deliver a comparable certificate to Tenant as set forth above, provided Landlord's failure to deliver such statement within such prescribed time shall not be deemed to be an acknowledgment by Landlord that the Lease is in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)full force and effect and without modification.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Estoppel Certificate. Within The Tenant shall from time to time, within ten (10) days after request therefor being requested to do so by Landlord, or if on any sale, assignment or hypothecation by the Landlord of Landlord’s interest in the Premises, or any part thereofmortgagee, an estoppel certificate shall be required from Tenantexecute, Tenant shall acknowledge and deliver to the requesting party a statement Landlord (or, at the Landlord’s request, to any existing or prospective purchaser, transferee, assignee or Mortgagee of any or all of the Premises) an instrument in writing: recordable form, certifying (a) certifying that this Lease is unmodified and in full force and effect (or, if modifiedthere has been any modification thereof, stating the nature of such modification and certifying that this Lease, as so modified, it is in full force and effecteffect as so modified, stating therein the nature of such modification); (b) certifying as to the dates to which the Minimum Rent and other charges are paid in advance, if anyarising hereunder have been paid; (c) acknowledging as to the amount of any prepaid rent or any credit due to the Tenant hereunder; (d) that there are notthe Tenant has accepted possession of the Premises (if Landlord has delivered the Premises in accordance with this Agreement), and the Commencement Date; (e) as to whether, to such party’s the best knowledge, any uncured defaults on the part information and belief of the requesting party hereundersigner of such certificate, the Landlord or the Tenant is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such defaults if they are claimeddefault); and (df) certifying as to any other fact or condition reasonably requested by the Landlord or such other mattersaddressee. In the event the Tenant fails or refuses to provide such a certificate, relative and following five (5) business days’ written notice and opportunity to cure, at Landlord’s option: (i) the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender failure of all or any portion of the Premises or any leasehold interest therein. The failure Tenant to deliver such statement within such time shallshall constitute a material default of Tenant hereunder, at Landlord’s option in which event Tenant shall be an Event liable to Landlord for any resulting loss or damage (including reasonable counsel fees) up to a maximum amount of Default hereunder and One Million Dollars ($1,000,000.00); or (ii) it shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting party; modification, (iib) there are no material uncured defaults on the requesting partyin Landlord’s performance; and , (iiic) no not more than one (1) month’s Base Rent has been paid in advance. If , (d) all Tenant is required or requested improvements to execute more than one estoppel certificate or similar document be constructed by Landlord, if any, have been completed in any twelve accordance with Landlord’s obligations and (12e) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge has taken possession of five hundred dollars ($500.00)the Premises.

Appears in 1 contract

Samples: Lease Agreement (Macrogenics Inc)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver provides such to the requesting party a Tenan(a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which wWch the Rent and other charges are arc paid in advance, if any; (c) , acknowledging that tlit, there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying specif@bg such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenanes failure to deliver such statement stxxxxxxx within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this th@is Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlords performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Samples: Lease Agreement (Competitive Companies Inc)

Estoppel Certificate. Within ten Tenant agrees that at any time and from time to time, within fifteen (1015) days after written request therefor by Landlord, or if on any saleTenant will execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to Landlord and to such assignee, mortgagee or other party as may be designated by Landlord, a certificate (in a form to be specified by Landlord) stating to the requesting party a statement in writingextent accurate: (a) certifying that this by such certificate the Lease is ratified; (b) the date on which Tenant has entered into occupancy of the Premises; (c) the amount of the monthly portion of the Annual Basic Rental; (d) that the Lease (unmodified and in full force and effect or, if or as modified, stating as the nature case may be) represents the entire agreement between the parties as to the leasing (or if such is not the case, the certificate shall so state, specifying the particulars of such modification any other applicable agreement or statement of facts) and certifying that this Lease, as so modified, is in full force and effect; (be) certifying the dates to date on which the Rent Lease expires; (f) that, as of the date of the certificate, there are no defaults by Landlord or Tenant under the Lease, including without limitation that all conditions under the Lease to be performed theretofore by Landlord have been satisfied and other charges there are paid in advanceno existing defense or offsets which Tenant has against the enforcement of the Lease by Landlord (or, if anysuch is not the case, the certificate shall so state specifying the particulars); (cg) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part amount of Advance Rental which has been deposited with Landlord; (h) the requesting party hereunder, or specifying such defaults if they are claimedmonth and year through which the Annual Basic Rental has been paid; and (dI) certifying to such other matters, relative matters relating to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented reasonably requested by Landlord. In the requesting party; event that Tenant fails to provide such certificate within fifteen (ii15) there are no uncured defaults on days after written request by Landlord, Tenant shall be deemed to have approved the requesting party’s performance; contents of the certificate and (iii) no Rent has been paid in advance. If Tenant Landlord is required or requested authorized to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)so certify.

Appears in 1 contract

Samples: Lease (Bisys Group Inc)

Estoppel Certificate. Within Tenant agrees that, from time to time upon not less than ten (10) days after business days’ prior request therefor by Landlord, or if on any saleTenant shall execute and deliver to Landlord a written certificate, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesform supplied by Landlord, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingcertifying: (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature a description of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (bii) certifying the dates to which Rent has been paid; (iii) that Tenant is in possession of the Rent and other charges are paid in advancePremises, if anythat is the case; (civ) acknowledging that whether or not there are not, to such party’s knowledge, is any uncured defaults existing default on the part of Landlord of which Tenant is aware; (v) that Tenant has no off sets or defenses to the requesting party hereunderperformance of its obligations under this Lease, or specifying state any claimed off-sets or defenses in reasonable detail; (vi) that the Premises have been completed in accordance with the terms and provisions hereof, including any separate tenant construction agreement or workletter (if applicable) entered into between Landlord and Tenant, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto, or qualify any such defaults if they are claimedstatement to make the same true and correct; and (dvii) certifying to such other mattersadditional matters as may be reasonably requested by Landlord, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being agreed that such statement certificate may be relied upon by any prospective or existing: purchaser under written contract, investor, or lender of all or mortgagee. If Tenant fails to execute and deliver any portion of the Premises or any leasehold interest therein. The such certificate within ten (10) business days after request, which failure to deliver continues for three (3) business days after a second request therefor, then such statement within such time occurrence shall, at Landlord’s option election, be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effectdeemed a “Default” hereunder, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is any further notice or cure periods being required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)under this Lease.

Appears in 1 contract

Samples: Office Lease (Vivid Seats Inc.)

Estoppel Certificate. Within ten (10) business days after request therefor following Landlord’s request, Tenant shall execute, acknowledge and deliver written estoppel certificates addressed to (i) any Holder or prospective mortgagee of Landlord, or (ii) any purchaser or prospective purchaser of all or any portion of, or interest in, the Project, on a commercially reasonable form specified by Landlord, certifying as to such facts (if true) and agreeing to such notice provisions and other matters as such mortgagee(s) or if on any salepurchaser(s) may reasonably require, assignment or hypothecation by Landlord of Landlord’s interest in including, without limitation, the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingfollowing: (a) certifying that this Lease is unmodified and in full force and effect (or in full force and effect as modified, and stating the modifications); (b) the amount of, and date to which Rent and other charges have been paid in advance; (c) the amount of any Security Deposit; and (d) acknowledging that to Tenant’s current knowledge without duty of inquiry, Landlord is not in default under this Lease (or, if modifiedLandlord is claimed to be in default, stating the nature of the alleged default). Any such modification estoppel certificate may be relied upon by any such mortgagee or purchaser. If Tenant fails to execute any such certificate complying with the above provisions within the period described above, and certifying thereafter Tenant does not deliver such executed document within ten (10) days of written notice from Landlord of such failure, such failure shall, at Landlord’s election, constitute an Event of Default hereunder and shall be conclusive upon Tenant that (1) this Lease, as so modified, Lease is in full force and effecteffect and has not been modified except as represented by Landlord; (b2) not more than one month’s Rent has been paid in advance; and (3) Landlord is not in default under this Lease. At any time and from time to time, in the context of a sale of Tenant’s business or a financing thereof only, and upon not less than fifteen (15) business days’ prior notice from Tenant, Landlord shall execute and deliver to Tenant a statement addressed to any lender, investor or acquirer of Tenant or prospective lender, lender or acquirer of Tenant, on a commercially reasonable form specified by Tenant, certifying (i) the titles and dates of the documents then comprising the Lease, (ii) the current amounts of and the dates to which the Rent and other charges are paid in advancehave been paid, if any; (ciii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative amount to the PremisesSecurity Deposit then held by Landlord, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If to the best of Landlord’s knowledge without duty of inquiry that Tenant is required not in default under this Lease (or requested to execute more than one estoppel certificate or similar document if Tenant is in any twelve (12) month perioddefault, Landlord shall reimburse Tenant for its legal fees incurred in having specifying the nature of such documents reviewed, up to a total charge of five hundred dollars ($500.00default).

Appears in 1 contract

Samples: Advent Software Inc /De/

AutoNDA by SimpleDocs

Estoppel Certificate. Within Tenant agrees that, from time to time, upon not less than ten (10) days after prior request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the PremisesTenant, or any part thereofTenant’s duly-authorized representative having knowledge of the following fasts, an estoppel certificate shall be required from Tenant, Tenant shall will deliver to the requesting party Landlord a statement in writing: writing certifying to the extent true (ai) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect) ; (bii) certifying the dates to which the Rent and other charges are paid have been paid; (iii) that the Landlord is not in advancedefault under any provision of this Lease, or, if any; (c) acknowledging that there are notin default, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimednature thereof in reasonable detail; and (div) certifying to such other mattersfurther matters as are set forth on the form of estoppel certificate attached hereto as Exhibit “C” and made a part hereof, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being intended that any such statement may be relied upon by any prospective purchaser or lender of all mortgagees thereof, or any portion prospective assignee of any mortgage thereof, Tenant shall execute and deliver to Landlord, the Premises or any leasehold interest therein. The failure estoppel certificate attached as Exhibit “C” and whatever reasonable instruments may be required for such purposes, and in the event Tenant fails so to deliver such statement do within such time shalltwenty (20) days after demand writing, Tenant may, at Landlord’s option option, be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) considered in default under this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Lease.

Appears in 1 contract

Samples: Agreement of Lease (Acell Inc)

Estoppel Certificate. Within Tenant shall execute (and acknowledge if required by -------------------- any lender or ground lessor) and deliver to Landlord, within not less than ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate, at Landlord's option, shall be a default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Estoppel Certificate. Within ten As to each Property, Seller will deliver to Buyer, not later than three (103) days after request therefor prior to the Closing Date, original estoppel certificates from the tenants required in this Section, in form and substance reasonably acceptable to Buyer, which: (a) is dated not more than thirty (30) days prior to the Closing Date; (b) is executed such by LandlordTenant; (c) is addressed to (i) Buyer; (ii) as to each Property, to a “special purpose entity” to be formed to take title to such Property; (iii) any proposed lender identified by Buyer (“Lender”); and (iv) their respective successors and assigns; (d) verifies the basic facts of the applicable Lease (term, rental, expiration date, any options, etc.) and contains no assertions adverse to the landlord or contrary to the provisions of such Lease; (e) confirms that there are no known defaults by the landlord under such Lease, no unperformed or “punchlist” construction items, no unpaid tenant improvement allowances, inducements or leasing commissions, and no other due but unperformed obligations of the landlord; and (f) if such Tenant’s obligations under such Lease have been guaranteed by another person or entity, also covers such guaranty and is signed by such guarantor(s) (collectively, the “Estoppel Requirements”). The estoppels will be prepared by Seller using the form attached as Exhibit G. Estoppel certificates will be required for the following tenants: (i) each of the “Major Tenants” (as defined below), and (ii) as to each Property, additional estoppels from tenants covering at least seventy-five percent (75%) of the total leased area within such Property, excluding the aggregate area leased by any Major Tenant. As used in this Agreement, “Major Tenant” means any tenant occupying 20,000 square feet or more of gross leasable area within either of the Properties. Notwithstanding the foregoing and the form of estoppel certificate attached as Exhibit G, Buyer acknowledges that Major Tenants and other regional or national tenants of the Real Property may provide an estoppel using their own standard forms, and that some Leases may specify a particular form of estoppel, or the content of the estoppel, that the tenant is required to provide. Accordingly, if on any sale, assignment or hypothecation by Landlord of Landlord’s interest estoppel certificate is in the Premisesform (a) attached as Exhibit G, or any part thereof(b) in the form specifically required by the applicable tenant Lease, an or (c) on the form customarily provided by the applicable tenant, such estoppel certificate shall be required from Tenantdeemed acceptable to Buyer provided it is not a Non-Complying Estoppel. The term “Non-Complying Estoppel” means any estoppel certificate that discloses information that is materially inconsistent with the Rent Roll, Tenant shall deliver to the requesting party a statement representations of Seller herein or the Seller’s Diligence Materials or asserts that Seller is in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating default of the nature of such modification and certifying that this Lease, as so modifiedor asserts a material claim, is in full force and effect; (b) certifying the dates to which the Rent and offset or deduction against Seller or any other charges are paid in advancematerial adverse matter, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part or does not satisfy all of the requesting party hereunder, or specifying Estoppel Requirements listed above. Buyer shall notify Seller within two (2) business days of receipt of any estoppel certificate in the event Buyer determines such defaults if they are claimed; and (d) certifying estoppel certificate is not acceptable to Buyer along with the reasons for such other matters, relative determination. In the event Buyer fails to the Premises, this Lease and Tenant, as Landlord may request. Any give such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement notice within such time shalltwo (2) business day period, at Landlord’s option be an Event of Default hereunder and then any such estoppel certificate shall be conclusive and binding upon the party upon whom the request is made that: (i) deemed to be acceptable to Buyer. Seller will not be in default of this Lease is in full force and effect, without modification except as may be represented Agreement by the requesting party; (ii) there are no uncured defaults on the requesting partyreason of Buyer’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one rejection of any estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)certificate.

Appears in 1 contract

Samples: Master Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

Estoppel Certificate. Within (a) Lessee shall at any time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Lessor execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The (b) At Lessor's option, Lessee's failure to deliver such statement within such time shall, at Landlord’s option shall be an Event a material breach of Default hereunder and this Lease or shall be conclusive and binding upon the party upon whom the request is made that: Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii) that there are no uncured defaults on the requesting party’s in Lessor's performance; , and (iii) no Rent that not more than one month's rent has been paid in advanceadvance or such failure may be considered by Lessor as a default by Lessee under this Lease. (c) If Tenant is Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or requested to execute more than one estoppel certificate purchaser. Such statements shall include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor and such lender or similar document purchaser in any twelve (12) month period, Landlord confidence and shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).be used

Appears in 1 contract

Samples: Lease Modification (Immecor Corp)

Estoppel Certificate. Within ten Tenant agrees that from time to time (10but not more frequently than once each year and also upon commencement of the Term and in connection with any sale or refinancing of the Building and upon any request by Landlord's lender) days after upon not less than thirty (30) days' prior request therefor by Landlord, Tenant or if on any sale, assignment or hypothecation by Landlord Tenant's duly authorized representative having knowledge of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant following facts shall deliver to the requesting party Landlord a statement in writing: writing certifying (a) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications that the Lease as modified is in full force and effect); (b) the dates to which Base Rent, rent adjustments and other sums payable under this Lease have been paid; (c) that, to the best of Tenant's knowledge, neither Landlord nor Tenant is in default under any provision of this Lease, or, if modifiedin default, stating the nature thereof in reasonable detail; (d) that, to the best of such modification and certifying that Tenant's knowledge, there are no offsets or defenses to the payment of Base Rent, additional rent or any other sums payable under this Lease, or if there are any such offsets or defenses, specifying such in reasonable detail; and (e) such other matters relating to the status of the Lease as so may be reasonably requested. In the event Tenant fails to deliver such statement to Landlord within such 30-day period, such failure, if not cured within an additional 15- day period after delivery of written notice thereof, shall constitute a material default hereunder and exercise the remedies provided by Article 15 hereof (without any notice otherwise required by said Article 15). Landlord agrees that from time to time upon not less than thirty (30) days prior written request by Tenant (but not more frequently than once each year), and upon not less than thirty (30) days prior written request by any approved assignee or subtenant in connection with the execution and delivery of any assignment or sublease, Landlord or Landlord's duly authorized representative having knowledge of the following facts shall deliver to Tenant a statement in writing certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications that the Lease, as modified, is in full force and effect); (b) certifying the dates to which the Rent Base Rent, rent adjustments and other charges are paid in advance, if anysums payable under this Lease have been paid; (c) acknowledging that there are not, to such party’s the best of Landlord's knowledge, neither Landlord nor Tenant is in default under any uncured defaults on provision of this Lease, or, if in default, the part of the requesting party hereunder, or specifying such defaults if they are claimednature thereof in reasonable detail; and (d) certifying to such other matters, relative matters relating to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion status of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)reasonably requested.

Appears in 1 contract

Samples: 21st Century Telecom Group Inc

Estoppel Certificate. Within ten Tenant agrees that from time to time, upon not less than seven (107) days after business days' prior written request therefor by Landlord or any Mortgagee or ground or underlying lessor of the Building, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or other occupant of the Premises to, promptly complete, execute and deliver to Landlord, such Mortgagee or lessor or any party or parties designated by Landlord, or if on any saleas applicable, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingwriting certifying: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating there have been modifications that the nature of such modification and certifying that this Lease, as so modified, is same are in full force and effecteffect as modified and identifying the modifications); (bii) certifying the dates to which the Rent and other charges are paid have been paid; (iii) that the Premises have been unconditionally accepted by the Tenant (or if not, stating with particularity the reasons why the Premises have not been unconditionally accepted); (iv) the amount of any Security Deposit held hereunder; (v) that, so far as the party making the certificate knows, Landlord is not in advancedefault under any provisions of this Lease, if any; (c) acknowledging that there are such is the case, and if not, to such party’s knowledge, any uncured identifying all defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedwith particularity; and (dvi) certifying to such any other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestmatter reasonably requested by Landlord. Any such statement may be relied upon by any prospective purchaser purchaser, Mortgagee or lender of all ground or any portion underlying lessor of the Premises or any leasehold interest thereinBuilding shall be entitled to rely on said statement. The failure Failure to deliver give such a statement within such time shall, at Landlord’s option be an Event of Default hereunder and seven days after said written request shall be conclusive evidence, upon which Landlord and binding upon the party upon whom the request is made that: (i) any such purchaser, Mortgagee or lessor shall be entitled to rely, that this Lease is in full force and effecteffect and Landlord is not in default and Tenant shall be estopped from asserting against Landlord or any such purchaser, without modification except as may Mortgagee or lessor any defaults of Landlord existing at that time but Tenant shall not thereby be represented by relieved of the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested affirmative obligation to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having give such documents reviewed, up to a total charge of five hundred dollars ($500.00)statement.

Appears in 1 contract

Samples: Noosh Inc

Estoppel Certificate. Within Upon not less than ten (10) days after request therefor by prior written notice from Landlord, Tenant shall execute and deliver to Landlord, or if on any saleLandlord's designee, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a written statement in writing: certifying (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification modifications and certifying that this Lease, Lease as so modified, modified is in full force and effect); (b) certifying the dates amount of the minimum monthly rent then in effect, the current Operating Expense which Tenant is paying, and the date to which the Rent rent and other charges are Operating Expense have been paid in advance; (c) the amount of any security deposited with Landlord; (d) the Commencement Date, the Expiration Date of the Term, and the number and duration of option periods, if any; (ce) acknowledging that whether or not there are not, to such party’s knowledge, then existing any uncured defaults on defenses against the part enforcement of any of the requesting party hereunderobligations of Tenant under this Lease (and, if so, specifying same); (f) whether or not Landlord is in default hereunder (and, if so, specifying such defaults if they are claimedsame); and (dg) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except matters as may be represented reasonably requested by the requesting party; (ii) there are no uncured defaults Landlord. Any prospective purchaser, ground lessor, lender, or other interested party shall be entitled to rely on the requesting party’s performancetruth of all of the matters contained in Tenant's statement. Failure to comply with the Section shall be a material breach of this Lease by Tenant; and (iii) no Rent has been paid in advance. If Tenant is required or requested addition to execute more than one estoppel certificate or similar document in any twelve (12) month periodall of Landlord's other rights and remedies hereunder, Landlord shall reimburse have the right to collect from Tenant for its legal fees incurred in having such documents reviewedall damages caused by the loss of a loan, up sale, or other transaction which may result from Tenant's failure to a total charge of five hundred dollars ($500.00)comply with this Section 37.

Appears in 1 contract

Samples: www.cityofberkeley.info

Estoppel Certificate. Within ten Tenant, at any time, and from time to time, within twenty (1020) days after days’ of written request therefor by Landlord, or if on any saleshall execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord, and/or to any other person specified by Landlord, a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified and stating the modifications), stating the dates to which the Rent rent and other charges are paid in advanceadditional rent have been paid, stating whether or not there exists any default by Landlord under this Lease, and, if any; (c) acknowledging that there are notso, to specifying each such party’s knowledgedefault, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying as to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request. Any such statement Breach of the foregoing will constitute Tenant’s acknowledgment which may be relied upon on by any prospective purchaser person holding or lender of all proposing to acquire an interest in the Building or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallthis Lease, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) that this Lease is unmodified and in full force and effecteffect and will constitute, without modification except as may be represented by the requesting party; (ii) there are no uncured to any such person, a waiver of any defaults on Landlord’s part which may exist prior to the requesting party’s performance; date of such notice. Landlord, at any time, and (iii) no Rent has been paid in advance. If Tenant is required or requested from time to execute time but not more than one estoppel certificate or similar document in once during any twelve (12) month period, within twenty (20) days’ of written request by Tenant, shall execute, acknowledge and deliver to Tenant, a statement certifying that this 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), stating the dates to which the rent and additional rent have been paid, stating whether or not there exists any default by Tenant under this Lease, and, if so, specifying each such default. The foregoing shall not limit any other rights and remedies available to Landlord shall reimburse or Tenant for its legal fees incurred in having such documents reviewed, up to a total charge breach of five hundred dollars ($500.00)this Article.

Appears in 1 contract

Samples: Agreement of Lease (Borderfree, Inc.)

Estoppel Certificate. Within Tenant shall at any time, and from time to time, upon not less than ten (10) days after request therefor by prior written notice from Landlord execute, acknowledge, and deliver to Landlord, to any prospective purchaser or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premiseslender, or to any part thereof, an estoppel mortgagee a written certificate shall be required from Tenant, of Tenant shall deliver to the requesting party a statement in writingstating: (a) certifying whether Tenant has accepted the Premises and indicating the commencement date and termination date of this Lease; (b) that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (beffect as modified and stating the modifications) certifying the dates to which the Rent and other charges are paid in advance, if anyhas not been assigned; (c) acknowledging that there are not, to such party’s Tenant's best knowledge, any uncured defaults on the part of the requesting party Landlord or Tenant hereunder, or specifying such any defaults if they are claimedthat may exist; and (d) certifying to such other matters, relative to whether or not there are then existing any defenses against the Premises, enforcement by Landlord of any of the obligations of Tenant under this Lease (and, if so, specifying same); (e) whether Tenant has received all required contributions from Landlord on account of Tenant's improvements; (f) the dates, if any, to which the annual Base Rent and Tenantadditional rent and other charges under this Lease have been paid and the amounts of said annual Base Rent and additional rent, as Landlord and that no annual Base Rent, additional rent, or security deposit has been paid in advance of its due date, and (g) any other factual information known to Tenant concerning this Lease or tenancy that may requestreasonably be required by any of such persons. Any It is intended that any such statement certificate of Tenant delivered pursuant to this Section may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest thereinsuch persons. The Tenant's failure to deliver such statement Certificate within such time shall, at Landlord’s option be an Event of Default hereunder and said ten (10) day period shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) effect and unmodified and that there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Landlord's performance hereunder.

Appears in 1 contract

Samples: Lease Agreement (First International Bancorp Inc)

Estoppel Certificate. Within Tenant shall execute (and acknowledge if -------------------- required by any lender or ground lessor) and deliver to Landlord, within not less than ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from provides such to Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which the Rent and other charges are paid in advance, if If any; (c) , acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlord's performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Estoppel Certificate. Within Upon not less than ten (10) days after request therefor business days' prior notice by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall execute, acknowledge and deliver to the requesting party Landlord a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect and that, except as stated therein, Tenant has no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Fixed Rental and Additional Rent and any other charges and to perform its other covenants under this Lease (or, if modified, stating there have been any modifications that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified and stating the modifications and, if there are any defenses, offsets or counterclaims, setting them forth in reasonable detail), the dates to which the Fixed Rental and Additional Rent and other charges are have been paid and a statement that Landlord is not in advancedefault hereunder (or if in default, if any; (c) acknowledging that there are notthe nature of such default, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestin reasonable detail). Any such statement delivered pursuant to this Section 10.10 may be relied upon by any prospective purchaser or lender of all or any portion mortgagee of the Premises or any leasehold interest thereinBuilding. The failure Upon not less than ten (10) business days' prior notice by Tenant, Landlord shall execute, acknowledge and deliver to deliver such Tenant a statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) in writing certifying that this Lease is unmodified and in full force and effect and that Landlord has no knowledge of any default by Tenant under this Lease (or, if there have been any modifications, that the same is in full force and effecteffect as modified and stating the modifications and, without modification except as if to Landlord's knowledge there are any defaults, setting them forth in reasonable detail). Any such statement delivered pursuant to this Section 10.10 may be represented relied upon by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required any respective subtenant or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge assignee of five hundred dollars ($500.00)Tenant.

Appears in 1 contract

Samples: Extension of Lease (Mercury Computer Systems Inc)

Estoppel Certificate. Within five (5) days after Tenant opens for business or at anytime within ten (10) days after written request therefor by Landlord, or if on Landlord in the event that an estoppel certificate is required from Tenant upon any sale, assignment or hypothecation of the Premises or the land thereunder by Landlord of Landlord’s interest or for any other reason, Txxxxx agrees to deliver in the Premises, or any part thereof, recordable form an estoppel certificate shall be required from Tenant, Tenant shall deliver addressed to the requesting party a statement in writing: (a) any such proposed mortgagee or purchaser or to Landlord certifying that (i) this Lease is unmodified and in full force and effect, or is in full force and effect or, as modified and stating the modifications; (ii) the amount of Minimum Monthly Rent and the date to which Minimum Monthly Rent and other monetary obligations hereunder have been paid in advance; (iii) the amount of any security deposited with Landlord; (iv) the Landlord is not in default hereunder or if modifiedLandlord is claimed to be in default, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectany claimed default; (bv) certifying the dates to which the Rent surface and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part subsurface soil and water of the requesting party hereunder, Premises have not been contaminated by “hazardous wastes or specifying such defaults if they are claimedsubstances”; and (dvi) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The Tenant’s failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (ia) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (iib) there are that no uncured defaults on the requesting partymore than one (1) month’s performance; and (iii) no Minimum Monthly Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve , (12c) month period, that the amount of the security deposited with Landlord shall reimburse Tenant for its legal fees incurred be as represented by landlord, and (d) that there are no uncured defaults in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Landlord’s performance.

Appears in 1 contract

Samples: Center Triple Net Lease (Bank of Commerce Holdings)

Estoppel Certificate. Within ten fifteen (1015) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant's written request, Tenant shall deliver deliver, executed in recordable form, a declaration to any person designated by Landlord that as of the requesting party a statement in writing: date of the estoppel certificate (ai) certifying that ratifying this Lease is unmodified and in full force and effect or, if modified, Lease; (li) stating the nature of such modification commencement and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimedtermination dates; and (diii) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (iA) that this Lease is in full force and effecteffect and has not been assigned, without modification modified, supplemented or amended (except by such writings as may shall be represented stated), (B) that to Tenant's actual knowledge all conditions under this Lease to be performed by Landlord have been satisfied (stating exceptions, if any), (C) that to Tenant's actual knowledge no defenses or offsets against the requesting party; enforcement of this Lease by Landlord exist (iior stating those claimed), (D) there are no uncured defaults on as to advance rent, if any, paid by Tenant and the requesting party’s performance; date to which rent has been paid, (E) as to the amount of security deposited with Landlord, and (iiiF) no Rent has been paid such other information as Landlord reasonably requires; provided that Tenant shall not be obligated to agree to any provision in advance. If Tenant is required or requested to execute more than one an estoppel certificate that amends this Lease. Persons receiving such statements shall be entitled to conclusively rely upon them and such estoppels shall be deemed to have been given for good and valuable consideration, all of which shall be so stated in the estoppels. Tenant shall not be permitted to assert or similar document enforce any claim against the person to whom it is delivered (or against such person's property) which is inconsistent with the statements contained in the certificate. The estoppel certificate shall not be deemed to amend the Lease or waive any twelve (12) month period, of Tenant's rights under the Lease as between Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and Tenant.

Appears in 1 contract

Samples: Lease Agreement (Allied Esports Entertainment, Inc.)

Estoppel Certificate. Within Tenant shall at any time and from time to time, upon not less than ten (10) days after request therefor by Landlordprior written notice from Landlord execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing (ai) certifying that this Lease represents the entire agreement between Landlord and Tenant, and is unmodified modified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; any (cii) certifying the commencement and termination dates of the Lease term, (iii) certifying that there has been no assignment or other transfer by Tenant of this Lease, or any interest therein, (iv) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunderLandlord hereunder and that Tenant has no right to offset, counterclaim or specifying such defaults if they are claimed; deduction alleged by Tenant and (dv) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may request. Any such statement may be relied upon by any existing owner or prospective purchaser or any present or prospective lender of all or any portion upon the security of the real property of which the Building and the Premises or any leasehold interest thereinare a part. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding bind upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Landlord, (ii) that there are no uncured defaults on the requesting party’s performance; in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against rental, and (iii) that no Rent more than one month's rental has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: Office Building Lease (Fortress Group Inc)

Estoppel Certificate. Within (a) Lessee shall at any time upon not less than ten (10) days after request therefor by Landlordprior written notice from Lessor execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: (a) writing [1] certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates amount of any security deposit, and the date to which the Rent rent and other charges are paid in advance, if any; (c) , and [2] acknowledging that there are not, to such party’s Xxxxxx's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser buyer or lender of all or any portion of encumbrances to the Premises or any leasehold interest thereinPremises. The (b) At Lessor option, Xxxxxx's failure to deliver such statement within such time shall, at Landlord’s option shall be an Event material breach of Default hereunder and this Lease or shall be conclusive and binding upon the party upon whom the request is made that: (i) Lessee [1] that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Lessor, [2] that there are no uncured defaults on the requesting party’s in lessor's performance; , and (iii) no Rent [3] that not more than one month's rent has been paid in advanceadvance or such failure may be considered by Lessor as a default by Lessee under this Lease. (c) If Tenant is Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Xxxxxx hereby agrees to deliver to any lender or buyer designated by Lessor such financial statements of Xxxxxx as may be reasonably required by such lender or requested to execute more than one estoppel certificate buyer. Such statements shall include the past three years' financial statements of Xxxxxx. All such financial statements shall be received by Lessor and such lender or similar document buyer in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 1 contract

Samples: Liquid Audio Inc

Estoppel Certificate. Within Lessee further agrees at any time and from time to time, upon not less than ten (10) days after days’ prior written request therefor by LandlordLessor, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesacknowledge, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall and deliver to the requesting party Landlord a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; effect as modified, and stating the modifications), that there have been no defaults thereunder by Lessor or Lessee (b) certifying or if there have been defaults, setting forth the dates nature thereof), the date to which the Rent rent and other charges are paid have been paid, in advance, if any; (c) acknowledging that there are not, and any other matters relating to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenantas Lessor may specify, as Landlord may request. Any it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser or lender of all or any portion of Lessor’s interest herein, or a holder of any mortgage or deed of trust encumbering the Premises or any leasehold interest thereinLeased Water. The Lessee’s failure to deliver such statement within such time shall, at Landlord’s option shall be an Event event of Default hereunder default under this Lease and shall be conclusive and binding upon the party upon whom the request is made that: Lessee that (i) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLessor; (ii) there are no uncured defaults on the requesting partyin Lessor’s performance; and (iii) no Rent rent has been paid in advance; and (iv) that such other matters addressed therein are as represented by Lessor. If Tenant Further, upon request Lessee will supply Lessor a corporate resolution certifying that the party signing said statement on behalf of Lessee is required or requested properly authorized to execute more than one estoppel certificate or similar document in any twelve do so. Signature page to that certain WATER LEASE AGREEMENT (12INCLUDING AN CONTRACT TO PURCHASE) month periodbetween Denver Wxxxx, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewedLLC, up to a total charge of five hundred dollars Colorado limited liability company ($500.00“Lessor”), and Eldorado Artesian Springs, Inc. a Colorado corporation (“Lessee”).

Appears in 1 contract

Samples: Water Lease Agreement (Eldorado Artesian Springs Inc)

Estoppel Certificate. Within Landlord shall at any time and from time to time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Tenant, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesa Successor Owner, or any part thereofLeasehold Mortgagee execute, an estoppel certificate shall be required from acknowledge and deliver to Tenant, Tenant shall deliver to the requesting party Successor owner or Leasehold Mortgagee a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Landlord's knowledge, any uncured defaults on the part of the requesting party Tenant hereunder, or specifying such defaults if they are claimed; and (diii) certifying to such other matters, relative matters relating to the Premises, this Lease and as Tenant, as Landlord the Successor Owner, or the Leasehold Mortgagee may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinestate and/or the improvements. The Landlord's failure to deliver such a statement within such the time shall, at Landlord’s option be an Event of Default hereunder and prescribed shall be conclusive and binding upon the party upon whom the request is made that: Landlord (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting partyTenant; (ii) that there are no uncured defaults on the requesting party’s in Tenant's performance; and (iii) no Rent has the accuracy of such other matters relating to this Lease as Tenant as may have been paid set forth in advancethe request. If Tenant is required Additionally, nothing in this Section 22 shall limit any Party from making any other reasonable request for information relating to the Lease or requested compliance of a Party with any other term or provision of the Lease and the Party receiving any request made pursuant to execute more than one estoppel this Section 22 shall cooperate with the requesting Party and shall deliver the certificate or similar document in any twelve to the requesting party within twenty (1220) month period, Landlord shall reimburse Tenant for its legal fees incurred in having days of such documents reviewed, up to a total charge of five hundred dollars ($500.00)request.

Appears in 1 contract

Samples: Land and Improvements Lease

Estoppel Certificate. Within At any time and from time to time upon written request by Landlord, Tenant hereby agrees to deliver within ten (10) days after request therefor request, a certificate to Landlord or to any present or proposed mortgagee or purchaser designated by Landlord, or in the form supplied, certifying: (1) that Tenant has accepted the Premises (or, if on any saleTenant has not done so, assignment or hypothecation by Landlord of Landlord’s interest in that Tenant has not accepted the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to and specifying the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectreasons therefore); (bii) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect and has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, without modification the certificate shall so specify the reasons therefor; (iii) the Commencement Date, the Expiration Date and the terms of any extension options of Tenant; (iv) the date to which the Base Rent and any Additional Rent have been paid under this Lease and the amount thereof then payable; (v) the amount of the Security Deposit and prepaid rent, if any, being held by Landlord; (vi) whether there are then any existing defaults by Landlord in the performance of its obligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (vii) that no notice has been received by Tenant of any default under this Lease which has not been cured, except as may be represented by to defaults specified in the requesting partycertificate; (iiviii) there are no uncured defaults the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (ix) the requesting party’s performanceamount of the then current Base Rent; and (iiix) no Rent has been paid in advance. If Tenant is required any other information reasonably requested by Landlord, its present or requested to execute more than one estoppel certificate proposed purchaser, or similar document in the holder of any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)Mortgage.

Appears in 1 contract

Samples: Building Lease (AcuNetx, Inc.)

Estoppel Certificate. Within The Tenant shall, at any time upon not less than ten (10) days after request therefor by Landlorddays’ prior written notice from the Owner, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Owner a statement in writing: writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; (cb) acknowledging that there are not, to such partythe Tenant’s knowledge, any uncured defaults on the part of the requesting party Owner hereunder, or specifying such defaults if they are claimed; , and (dc) certifying to containing any other certifications, acknowledgments and representations as may be reasonably requested by the Owner or the party for whose benefit such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestestoppel certificate is requested. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinthe Real Property. The Tenant’s failure to deliver such statement within such said time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Owner, (ii) that there are no uncured defaults on in the requesting partyOwner’s performance; and , (iii) no that not more than an amount equal to one (1) month’s installment of the Annual Base Rent has been paid in advance, and (iv) that such additional certifications, acknowledgments and representations as are requested under subsection (c) hereof, are valid, true and correct as shall be represented by the Owner. If the Owner desires to finance or refinance the Premises, the Tenant is hereby agrees to deliver to any lender designated by the Owner such financial statements of the Tenant as may be reasonably required or requested to execute more than one estoppel certificate or similar document by such lender. All such financial statements shall be received by the Owner in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purpose herein set forth.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

Estoppel Certificate. Within (a) Lessee shall at any time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Lessor execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The (b) At Lessor's option, Lessee's failure to deliver such statement within such time shall, at Landlord’s option shall be an Event a material breach of Default hereunder and this Lease or shall be conclusive and binding upon the party upon whom the request is made that: Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii) that there are no 6 uncured defaults on the requesting party’s in Lessor's performance; , and (iii) no Rent that not more than one moth's rent has been paid in advanceadvance or such failure may be considered by Lessor as a default by Lessee under this Lease. (c) If Tenant is Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or requested to execute more than one estoppel certificate purchaser. Such statements shall Include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor and such lender or similar document in any twelve (12) month period, Landlord purchaser In confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 1 contract

Samples: Rockford Corp

Estoppel Certificate. Within (a) Lessee shall at any time upon not less than ten (10) days after request therefor by Landlorddays' prior written notice from Lessor execute, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (a1) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates date to which the Rent rent and other charges are paid in advance, if any; , and (cii) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part party of the requesting party hereunder, Lessor hereunder or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The (b) Lessee's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii) that there are no uncured defaults on the requesting party’s in Lessor's performance; , and (iii) no Rent that not more than one months's rent has been paid in advance. (c) If Tenant is Lessor desires to finance or refinance the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender designated by Lessor such financial statements of Lessee as may be reasonable required or requested to execute more than one estoppel certificate or similar document by such lender. Such statements shall include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor in any twelve (12) month period, Landlord confidence and shall reimburse Tenant be used only for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the purposes herein set forth.

Appears in 1 contract

Samples: Colorado Business Bankshares Inc

Estoppel Certificate. Within Tenant shall, at any time and from time to time, upon not less than ten (10) days after request therefor by days’ prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: writing certifying the following information, (abut not limited to the following information in the event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (bii) certifying the dates to which the Rent rental and other charges are paid in advance, if any; (ciii) the amount of Tenant’s security deposit, if any; (iv) acknowledging that Tenant has accepted the Tenant Improvements, (v) acknowledging that Tenant is occupying the Premises, and (vi) acknowledging that there are not, to such partyTenant’s knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults defaults, events or conditions, if they any are claimed; . It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the Premises or any leasehold interest thereinReal Property. The Tenant’s failure to deliver such statement within such time shallshall constitute an admission by Tenant that all statements contained therein are true and correct. Tenant hereby irrevocably appoints Landlord as Tenant’s attorney-in-fact and in Tenant’s name, at Landlord’s option be an Event of Default hereunder place and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested stead to execute more than one estoppel certificate or similar document any and all documents described in any twelve (12) month this Article 25 if Tenant fails to do so within the specified time period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00).

Appears in 1 contract

Samples: Standard Office Lease (Alliance Bancshares California)

Estoppel Certificate. Within ten At any time and from time to time, but in no event on less than five (105) days after prior written request therefor by Landlord, or if on any saleTenant shall execute, assignment or hypothecation by Landlord of acknowledge and deliver to Landlord’s interest , promptly upon request, a certificate in the Premisesform of Exhibit “E” attached hereto (“Estoppel Certificate”), or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writingcertifying: (a) certifying that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and specifying the reasons therefor); (b) the Commencement Date and Expiration Date of this Lease; (c) whether to the best knowledge of Tenant there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying the same); (d) that this Lease is unmodified and in full force and effect (or, if modifiedthere have been modifications, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification as modified, and stating the date and nature of each modification); (e) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (f) the date, if any, to which rent and other sums payable hereunder have been paid; (g) Tenant is not in default under the Lease nor does any event exist which, with the passage of time or the giving of notice or both would constitute an Event of Default; except as to defaults specified in the certificate; (h) the amount of any security deposit and prepaid rent; and (i) such other matters as may be represented reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser, mortgagee or beneficiary under any Mortgage affecting the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceBuilding or any part thereof. If Tenant is required or requested fails to execute more than one deliver the executed certificate within five (5) days after receipt thereof by Tenant, then Tenant shall be deemed to have accepted the Premises and it shall be an acknowledgment by Tenant that statements included in the estoppel certificate or similar document in any twelve (12) month periodare true and correct, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)without exception.

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Estoppel Certificate. Within ten (10) business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of following Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenantwritten request, Tenant shall execute and deliver to the requesting party Landlord an estoppel certificate, in a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative form substantially similar to the Premises, this Lease and Tenant, as Landlord may requestform of Exhibit F attached hereto. Any such statement estoppel certificate delivered pursuant to this Article 27 may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser or lender of all or any portion of the Premises or any leasehold interest thereinProperty, as well as their assignees. The Tenant’s failure to deliver such statement estoppel certificate following an additional three (3) business day cure period after notice shall constitute a Default hereunder. Tenant’s failure to deliver such certificate within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) Landlord, that there are no uncured defaults on the requesting partyin Landlord’s performance; , and that not more than one (iii1) no month’s Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve Within ten (1210) month perioddays following Tenant’s written request, Landlord shall reimburse execute and deliver to Tenant a certificate signed by Landlord certifying (a) that the Lease is in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date through which Base Rent and Additional Rent have been paid, (c) that the address for its legal fees incurred notices to be sent to Landlord is as set forth in having this Lease (or has been changed by notice duly given and is as set forth in the certificate), (d) that, except as stated in the certificate, Landlord (to the Landlord’s knowledge), as of the date of such documents reviewedcertificate, up has no charge, lien, or claim of offset under this Lease or otherwise against Rent or other charges due or to a total charge of five hundred dollars become due hereunder, ($500.00e) that, except as stated in the certificate, Tenant (to the Landlord’s knowledge), in not then in Default under this Lease, and (f) as to such other matters as may be reasonably requested by Tenant.

Appears in 1 contract

Samples: Tw Telecom Inc.

Estoppel Certificate. Within ten (10) business days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, Tenant shall execute and deliver an estoppel certificate which shall be substantially in the form of Exhibit G attached hereto and made a part hereof (or such other commercially reasonable form as may be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, by any uncured defaults on the part mortgagee or prospective mortgagee or purchaser of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all Project or any portion of the Premises thereof) and which shall contain such other factual information reasonably requested by Landlord or any leasehold interest thereinsuch mortgagee or purchaser. The Tenant's failure to deliver such statement within such in time shallshall constitute an acceptance of the Premises and an acknowledgment by Tenant that the statements included in the estoppel certificate are true and correct, at Landlord’s option be without exception. Within ten (10) business days after request therefor by Tenant in connection with a proposed Transfer by Tenant or other business transaction by Tenant, Landlord shall execute and deliver an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made thatestoppel certificate certifying: (i) that this Lease is in full force and effect, without modification effect and the same has not been amended or modified except as may be represented by the requesting partyset forth in said estoppel certificate; (ii) there are no uncured defaults on the requesting party’s performanceamount of Base Rent then payable under this Lease and the date to which Base Rent has been paid; and (iii) no Rent the amount of security deposit (if any) then held by Landlord under this Lease; (iv) that Landlord has been paid not delivered a notice of default to Tenant which remains uncured (unless any such uncured default notice exists, in advance. If Tenant is required or requested to execute more than one which event Landlord shall describe the same), and (v) that the individual signing the estoppel certificate does not then have actual knowledge of any default by Tenant under this Lease, without any duty of investigation or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)inquiry.

Appears in 1 contract

Samples: Office Lease (Raptor Pharmaceutical Corp)

Estoppel Certificate. Within ten (10a) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall at any time and from time to time upon not less than ten days' prior written notice from Lessor execute, acknowledge and deliver to the requesting party Lessor a statement in writing: writing (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; (cii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they are claimed; and (diii) certifying to such other matters, relative matters relating to the Premises, this Lease and Tenant, as Landlord Lessor may reasonably request. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The (b) Tenant's failure to deliver such a statement within such the time shall, at Landlord’s option be an Event of Default hereunder and prescribed by Lessor in its request for same shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii) that there are no uncured defaults on the requesting party’s in Lessor's performance; , and (iii) no Rent that not more than one month's rental has been paid in advance. If Tenant is required 16. Lessor's Remedies (a) The following shall constitute events of default: (i) Tenant's failure to pay any amount due under Article 2, Article 5(b) or requested Article 7 of this Lease within 5 days of when due, or Tenants failure to execute more than one pay any other amount due under this Lease within 5 days after notice from Lessor. (ii) Tenant's failure to execute, acknowledge and return an estoppel certificate under Article 16 or similar document a subordination agreement under Article 19, within ten days after request. (iii) Tenant's failure to perform any other obligation under this Lease within fifteen days after notice of nonperformance; provided, however, that if the breach is of such a nature that it can be cured but it cannot be cured within fifteen days, Tenant shall be deemed to have cured if cure is commenced promptly and diligently pursued to completion with completion accomplished within 30 days of the original notice of nonperformance; and provided further, that in the event of a breach involving an imminent threat to health or safety, Lessor may in its notice of breach reduce the period for cure to such shorter period as may be reasonable under the circumstances. (iv) Tenant vacates, abandons, or otherwise ceases to operate the Premises on a continuing basis except temporary absence, excused by Lessor in its sole discretion, by reason of fire, casualty, or other cause wholly beyond Tenant's control. (v) Any goods, chattels or equipment of Tenant are taken in execution or in attachment or if a writ of execution is issued against Tenant or if Tenant or any twelve guarantor becomes insolvent or files a petition under the Bankruptcy Act or becomes bankrupt or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver shall be appointed for the business, property, affairs or revenues of Tenant or any guarantor (12provided, however, that in the case of involuntary proceedings, Tenant shall have 60 days to cause them to be dismissed), or if Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its goods, chattels and equipment out of the Premises other than in the normal course of its business. (b) month periodUpon the occurrence of an event of default, Landlord Lessor, at any time thereafter without further notice or demand, may, in addition to all of its rights and remedies at law and/or at equity, exercise any one or more of the following remedies concurrently or in succession, all of which shall reimburse be cumulative: (i) Terminate Tenant's right to possession of the Premises by legal process or otherwise, with or without terminating this Lease, and retake exclusive possession of the Premises. (ii) From time to time relet all or portions of the Premises, using reasonable efforts to mitigate Lessor's damages. In connection with any reletting, Lessor may relet for a period extending beyond the term of this Lease and may make alterations or improvements to the Premises without releasing Tenant of any liability. Upon a reletting of all or substantially all of the Premises, Lessor shall be entitled to recover all of its then prospective damages for the balance of the Lease term measured by the difference between amounts payable under this Lease and the anticipated net proceeds of reletting during the remaining Term. In no event shall Tenant be entitled to receive any amount representing the excess of avails of reletting over amounts payable hereunder. (iii) From time to time recover accrued and unpaid rent and damages arising from Tenant's breach of the Lease, regardless of whether the Lease has been terminated, together with applicable late charges and interest. (iv) Enforce the statutory Lessor's lien on Tenant's property. (v) Recover all reasonable attorneys' fees incurred by Lessor in connection with enforcing this Lease, recovering possession and collecting amounts owned. (vi) Perform the obligation on Tenant's behalf and recover from Tenant, upon demand, the entire amount expended by Lessor plus 20% for special handling, supervision, and overhead. (vii) Terminate this Lease by giving written notice of such intention to terminate. In the event that Lessor elects to terminate this Lease, then Lessor may recover from Tenant: (a) All unpaid Rent owed by Tenant as of the date of termination; plus (b) All Rent which would have been payable by Tenant under this Lease but for its legal fees termination until the time of award; plus (c) All Rent under the Lease for the balance of the Term after the time of award; plus (d) All other damages incurred by Lessor as a result of Tenant's default. Although defined elsewhere, the parties acknowledge that the term Rent shall be deemed to be and mean the Annual Minimum Rent and all other sums required to be paid by Tenant pursuant to the terms of this Lease. (viii) Pursue other remedies available at law or in having equity. (c) Upon a termination of Tenant's right to possession, whether or not this Lease is terminated, subtenancies and other rights of persons claiming under or through Tenant: (i) shall be terminated or (ii) Tenant's interest shall be assigned to Lessor. Lessor may separately elect termination or assignment with respect to each such documents reviewedsubtenancy or other matter. 17. Notices All notices to be given by one party to the other under this Lease shall be in writing, up mailed or hand-delivered to each at the address to the individual, set forth at the end of this Lease or at a total charge changed address if notice of five hundred dollars the change is given to the other party in writing. In the case of notice to Tenant after Tenant takes possession of the Premises, notice shall be sufficient if mailed or delivered to the address of the Premises. Mailed notices shall be sent by United States certified or registered mail, postage prepaid. Such notices shall be deemed to have been given upon posting in the United States mail. Actual notice shall be no substitute for written notice under any provision of this Lease. 18. Subordination Lessor expressly reserves the right at any time to place ground leases, liens and encumbrances on and against the Premises and the Center ($500.00collectively, the Title Matters ), superior in lien and effect to this Lease and the estate created hereby. Tenant acknowledges that there may currently exist any such Title Matters which are superior in lien and effect to this Lease and the estate created hereby. This provision shall be self-operative, but Tenant shall nevertheless execute upon request subordination agreements presented by Lessor to confirm the superiority of the Title Matters. 19.

Appears in 1 contract

Samples: Retail Sublease (Giant Industries Inc)

Estoppel Certificate. Within Lessee agrees to at any time and from time to time, within ten (10) days after request therefor by LandlordLessor's written request, or if on any saleto execute, assignment or hypothecation by Landlord acknowledge and deliver without charge to Lessor a written instrument, certifying the commencement date of Landlord’s interest in the Premisesterm of this lease, or any part thereofthat Lessee has accepted possession of the demised premises and is open for business, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing: (a) certifying that this Lease lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating the nature of such modification and certifying that this Lease, as so modified, it is in full force and effect; (b) certifying effect as modified and stating the modifications), the dates to which the Rent base rent, additional rent and other charges are have been paid in advance, if any; (c) acknowledging that there are not, and stating whether or not to the best knowledge of the signer of such party’s certificate, Lessor is in default in the performance of any covenant, agreement or condition contained in this lease and, if so, specifying each such default of which the signer may or should have knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may request. Any such statement may be relied upon reasonably requested by Lessor ("Estoppel Certificate"). It is expressly understood and agreed that any prospective purchaser or lender encumbrancer of all or any portion of the Premises or Devonshire Corporate Centre II office complex shall be entitled to rely upon any leasehold interest thereinsuch statement. The Lessee's failure to deliver such statement an Estoppel Certificate to Lessor within such time ten (10) days after Lessor's written request therefor, shall, at Landlord’s the option be an Event of Default hereunder and shall Lessor, be conclusive and binding upon the party upon whom the request is made that: Lessee that (i) this Lease lease is in full force and effect, effect without modification except as may be represented by the requesting partyLessor; (ii) that there are no uncured defaults on the requesting party’s in Lessor's performance; and (iii) that no Rent more than one (1) month's rent has been paid in advance. If Tenant is required or requested Further, if Lessee fails to execute more than one estoppel certificate or similar document deliver an Estoppel Certificate within said ten (10) day period Lessee does hereby irrevocably appoint Lessor as attorney in any twelve (12) month periodfact of Lessee in Lessee's name, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up place and stead to a total charge of five hundred dollars ($500.00)sign and deliver an Estoppel Certificate as if the same had been signed and delivered by Lessee.

Appears in 1 contract

Samples: Lease (International Telecommunication Data Systems Inc)

Estoppel Certificate. Within TENANT agrees during the term of this Lease and any extension or renewal of the term hereof, within ten (10) days after request therefor by LandlordLANDLORD, from time to time, to execute, acknowledge and deliver a certificate or certificates in recordable form to LANDLORD or to any mortgagee, trust deed beneficiary or proposed mortgagee, or if on any salepurchaser, assignment or hypothecation by Landlord of Landlord’s interest in the certifying that TENANT has accepted its Premises, or any part thereofthe commencement date of the Lease term, an estoppel certificate shall be required from Tenantthat it is in occupancy under this Lease, Tenant shall deliver to that the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, modified is in full force and effect; (b) certifying ), and that there are no defenses or offsets thereto and no rental offsets or claims by TENANT, the dates date to which the Rent rental and other charges are paid in advancesums payable under this Lease have been paid, if any; (c) acknowledging the amount of security deposit held by LANDLORD, the fact that there are notno current defaults under LANDLORD’s Initials: TENANT’s Initials: TENANT’s Initials: this Lease by LANDLORD, to such partyexcept as specified in TENANT’s knowledgestatement, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may requestmatters requested by LANDLORD. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure Should TENANT fail to deliver such statement within such time shallsaid ten (10) days, LANDLORD, at its option, following: the termination of the applicable notice and cure period (provided, however, that such cure period shall not, in this case, be more than 10 days following notice of default) declare TENANT in default under this Lease, and LANDLORD may, at its option, terminate the Lease, provided written notice of such termination is received by TENANT prior to LANDLORD’s receipt of said statement. If TENANT fails to deliver the statement within said ten (10) days, Landlord’s option be an Event , after service of Default hereunder a five (5) day notice on TENANT, may complete the statement and execute and deliver the statement to a third party. In such event the statement prepared and executed by LANDLORD on behalf of the TENANT shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may effect and TENANT shall be represented governed by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advanceit. If Tenant this Lease is required assigned by LANDLORD to any mortgagee or requested trust deed beneficiary or purchaser, within ten (10) days of written request by LANDLORD, TENANT shall acknowledge in writing receipt of such assignment to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to the assignee upon receipt of a total charge copy of five hundred dollars ($500.00)notice thereof.

Appears in 1 contract

Samples: Office Building Lease (National Mercantile Bancorp)

Estoppel Certificate. Within ten Tenant shall, without charge, at any time and from time to time, within five (105) days after request therefor therefore by Landlord, Mortgagee, any purchaser of the Land or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, Building or any part thereofother interested person, an estoppel certificate shall be required from Tenantexecute, Tenant shall acknowledge and deliver to the such requesting party a statement in writingwritten estoppel certificate certifying, as of the date of such estoppel certificate, the following: (ai) certifying that this Lease is unmodified and in full force and effect or, (or if modified, stating that the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except effect as may be represented by the requesting partymodified and setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured defaults on default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the requesting party’s performancesame in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in the Lease (or, if not, specifying the correct address); and (iiixi) no Rent has been paid in advanceany other certifications requested by Landlord. If In addition, within five (5) days after request by Landlord, if Tenant is required or requested a privately held company, Tenant shall deliver to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse audited financial statements of Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)most recently ended fiscal year and interim unaudited financial statements for its most recently ended quarter.

Appears in 1 contract

Samples: Deed of Lease (Inphonic Inc)

Estoppel Certificate. Within Tenant shall, within ten (10) business days after request therefor by of receipt of written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall and deliver to the requesting party a statement in writing: writing substantially in the form attached to this Lease as Exhibit E, or on any other form reasonably requested by a proposed Lender or purchaser and reasonably acceptable to Tenant, (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, Lease as so modified, modified is in full force and effect; (b) certifying and the dates to which the Rent rental and other charges are paid in advance, if any; , (cb) acknowledging that there are not, to such partyTenant’s knowledgeknowledge (without having made inquiry), any uncured defaults on the part of the requesting party Landlord hereunder, or specifying such defaults if they any are claimed; , and (dc) certifying setting forth such further information with respect to such other matters, relative to the Premises, this Lease and Tenant, or the Premises as Landlord may requestbe reasonably requested thereon. Any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any portion of the real property of which the Premises or any leasehold interest thereinare a part. The If Tenant fails to execute and deliver such a statement by the tenth (10th) business day of its receipt such failure shall be a Default under this Lease and Tenant shall thereafter pay Landlord Five Thousand Dollars ($5,000) per day as liquidated damages for the period commencing after said tenth (10th) business day and ending on the day prior to the day the statement is delivered. Tenant’s failure to deliver such statement within such the NY\5747656.2 prescribed time shall, at Landlord’s option be an Event of option, constitute a Default hereunder and under this Lease, and, in any event, shall be conclusive and binding upon Tenant that the party upon whom the request is made that: (i) this Lease is in full force and effect, effect and without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document Landlord in any twelve (12) month period, certificate prepared by Landlord shall reimburse and delivered to Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)execution.

Appears in 1 contract

Samples: Lease (Regeneron Pharmaceuticals Inc)

Estoppel Certificate. Within Tenant shall, at any time and from time to time, within ten (10) days after request therefor by written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord a statement in writing: (a) certifying , in a form provided by Landlord to Tenant, certifying, among other things, that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), the dates to which the Rent rent and other charges charges, if any, are paid in advanceadvance and the amount of Tenant’s security deposit, if any; (c) , and acknowledging that there are not, to such partyTenant’s knowledge, . any uncured defaults on the part of the requesting party Landlord hereunder, and that there are no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder (or specifying such defaults defaults, events or conditions, if they any are claimed; ). It is expressly understood and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any agreed that any such statement may be relied upon by any prospective purchaser or lender encumbrancer of all or any a portion of the Premises or any leasehold interest thereinProject. The Tenant’s failure to deliver such statement within such time shall, at the Landlord’s option be an Event of Default hereunder and shall election, be conclusive and binding upon the party upon whom the request is made that: (i) Tenant that this Lease is in full force and effect, effect without modification (except as may be represented by the requesting party; (ii) Landlord), that there are no uncured defaults on the requesting partyin Landlord’s performance; , and (iii) that no Rent more than one month’s rent has been paid in advance. If Tenant is required or requested shall be liable to execute more than one estoppel certificate or similar document Landlord for any consequential damages suffered by Landlord and occasioned by Tenant’s failure to deliver such certificates in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)the manner described above.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

Estoppel Certificate. Within ten Tenant shall execute (10and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within five (5) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver provides such to the requesting party a Tenan(a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Leasemodification), as so modified, is in full force and effect; (b) certifying the dates date to which wWch the Rent and other charges are arc paid in advance, if any; (c) , acknowledging that tlit, there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying specif@bg such defaults if they as are claimed; , and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, matters as Landlord may requestreasonably require. Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or lender of all or any portion encumbrancer of the Premises or any leasehold interest thereinPremises. The Xxxxxxx failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (ia) this th@is Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (iib) there are no uncured defaults on the requesting party’s in Landlords performance; and (iiic) no not more than one month's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. If Failure by Tenant is required to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be liable to Landlord, and shall indemnify Landlord from and against any loss, cost, damage or requested expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Tenant to execute more than one or deliver to Landlord any such certified estoppel certificate or similar document in certificate, together with any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)and all Enforcement Expenses.

Appears in 1 contract

Samples: Lease Agreement (Third Enterprise Service Group Inc)

Estoppel Certificate. Within Tenant shall from time to time, upon not less than ten (101O) days after request therefor by days' prior written notice from Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premisesacknowledge, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall and deliver to the requesting party Landlord a statement in writing: (a) writing certifying certain facts including, without limitation, that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying and the dates to which the Rent rental, the security deposit, if any, and other charges charges, if any, are paid in advance, if any; (c) and acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the requesting party passage of time or notice or both, would constitute default on the part of Landlord hereunder, or specifying such defaults defaults, events, or conditions, if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or Building shall be entitled to rely upon any leasehold interest therein. The such statement, Tenant's failure to deliver such statement within such time shall, at the option of Landlord’s , constitute a breach or default under this Lease if such option be an Event of Default hereunder and is not so exercised by Landlord, Tenant's failure shall be conclusive and binding upon the party upon whom the request is made that: Tenant that (i) this Lease is in full force and effect, effect without modification except as may be represented by the requesting partyLandlord; (ii) that there are no uncured defaults on the requesting party’s in Landlord's performance; and (iii) no Rent that not more than two (2) months' rental has been paid in advance. If Tenant is required or requested fails to deliver the certificate within ten (1O) days, Tenant irrevocable constitutes and appoints Landlord as its special attorney-in-fact to execute more than one estoppel and deliver the certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)third party.

Appears in 1 contract

Samples: Office Lease (1st Miracle Group Inc /Ontario/)

Estoppel Certificate. Within ten (10) days after Lessor and Lessee agree at any time and from time to time, upon not less than 20-days' prior written request therefor by Landlordeither of them to the other, or if on any saleto execute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party a statement in writing: (a) writing certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; (b) certifying effect as modified, and stating the dates modifications), and the date to which the Rent rental and other charges are have been paid in advance, if any; (c) acknowledging , it being intended that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement delivered pursuant to this Article 22 may be relied upon by any prospective purchaser of the fee, or lender mortgagee or assignee of all any mortgage upon the fee or leasehold interest in the leased premises, or by any assignee of the Lessee. Lessee agrees to execute a subordination and attornment agreement in favor of any beneficiary under any deed of trust covering the leased premises; provided, however, as a condition to this subordination provision, the Lessor shall obtain from any such beneficiary an agreement in writing, which shall be delivered to Lessee providing in substance that, so long as Lessee shall faithfully discharge the obligations on its part to be kept and performed under the terms of this Lease, its tenancy shall not be disturbed, nor shall this Lease be affected by any default under such mortgage, and in the event of foreclosure or any portion enforcement of any such mortgage, the Premises or any leasehold interest therein. The failure to deliver such statement within such time shallrights of Lessee hereunder shall expressly survive, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is shall in all respects continue in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month periodprovided, Landlord shall reimburse Tenant for however, that Lessee fully performs all of its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)obligations hereunder.

Appears in 1 contract

Samples: Sublease (Capital Bank Corp)

Estoppel Certificate. 27.1. Within ten (10) days after following request therefor by LandlordLessor from time to time, or if on any sale, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate Lessee shall be required from Tenant, Tenant shall execute and deliver to the requesting party Lessor a statement certificate in writing: writing certifying (ai) certifying that this Lease is unmodified and in full force and effect or, an unmodified (or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectidentifying the instrument by which such modification arose); (bii) certifying the dates amount of the Base Monthly Rent and Additional Rent payable hereunder and the date to which the Rent rent and other charges are paid in advance, if any; (ciii) acknowledging that there are not, to such party’s Xxxxxx's knowledge, any uncured defaults on the part of Lessor hereunder or events or conditions that with the requesting party hereunderpassage of time, the giving of notice or both would constitute a default (or specifying such defaults if they are claimed; ), and (div) certifying to such other matters, relative to the Premises, matters concerning this Lease and Tenantthe Premises as may be requested. Within ten (10) days following the request of Lessor, as Landlord may requestXxxxxx shall also deliver to Lessor financial statements of Xxxxxx and any guarantor(s) of Lessee, prepared in accordance with generally accepted accounting principles. Any such certificate or financial statement may be conclusively relied upon by any prospective purchaser or lender of all or any portion encumbrancer of the Premises or the Project or any leasehold interest thereinportion thereof. The Lessee's failure to deliver any such certificate or statement within such the required time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Lessee that (i1) this Lease is in full force and effect, without modification except as may be represented by the requesting partyLessor; (ii2) there are no uncured defaults on the requesting party’s in Lessor's performance; and (iii3) no Rent not more than one (1) month's rent has been paid in advance. If Tenant is Lessee hereby appoints Lessor as Xxxxxx's attorney-in-fact for the purpose of executing a certificate on behalf of Xxxxxx setting forth the facts described in the previous sentence if Lessee fails to deliver such certificate within the required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)time.

Appears in 1 contract

Samples: Standard Lease (Intest Corp)

Estoppel Certificate. Within 34.01 At any time, and from time to time, upon written request by Lxxxxxxx, Tenant hereby agrees to deliver, within ten (10) days after request therefor request, a certificate to Landlord or to any present or proposed (a) mortgagee, (b) lessor under a superior lease, or (c) purchaser designated by Landlord, or in the form supplied, certifying: (1) that Tenant has accepted the Premises (or, if on any saleTenant has not done so, assignment or hypothecation by Landlord of Landlord’s interest in that Tenant has not accepted the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to and specifying the requesting party a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effectreasons therefor); (b2) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: (i) this Lease is in full force and effect and has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, without modification the certificate shall so specify the reasons therefor; (3) the Commencement Date, the Expiration Date and the terms of any extension options of Tenant, if any; (4) the date to which the Rent and Additional Rent have been paid under this Lease and the amount thereof then payable; (5) the amount of the Security Deposit and prepaid rent, if any, being held by Landlord; (6) whether there are then any existing defaults by Landlord in the performance of its obligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (7) that no notice has been received by Tenant of any default under this Lease which has not been cured, except as may be represented by to defaults specified in the requesting partycertificate; (ii) there are no uncured defaults 8) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on the requesting party’s performancebehalf of Tenant; and (iii9) no Rent has been paid in advance. If Tenant is required any other information reasonably requested by Landlord or requested to execute more than one estoppel certificate its present or similar document in proposed purchaser, the holder of any twelve (12) month periodmortgage, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to or lessor under a total charge of five hundred dollars ($500.00)superior lease.

Appears in 1 contract

Samples: Agreement of Lease (Singing Machine Co Inc)

Estoppel Certificate. Within ten (10Tenant further agrees at any time and from time to time on or before ten(10) days after written request therefor by Landlord, or if on any saleto execute, assignment or hypothecation by acknowledge and deliver to Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver certifying (to the requesting party a statement in writing: (aextent it believes the same to be true) certifying that this Lease is unmodified and in full force and effect or(or if there have been modifications, if modified, stating that the nature of such modification and certifying that this Lease, as so modified, same is in full force and effect; effect as modified, and stating the modifications), that there have been no defaults thereunder by Landlord or tenant (b) certifying or if there have been defaults, setting forth the dates nature thereof), the date to which the Rent rent and other charges are paid in advancehave been paid, if any; (c) acknowledging , that there are notTenant claims no present charge, to lien, claim or offset against rent, the rent is not prepaid for more than one month in advance and such party’s knowledgeother matters as may be reasonably required by Landlord, Landlord's mortgagee, or any uncured defaults on the part potential purchaser of the requesting party hereunderbuilding, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any it being intended that any such statement delivered pursuant to this Paragraph may be relied upon by any prospective purchaser or lender of all or any portion of Landlord's interest herein, or a holder of any mortgage or deed of trust encumbering any portion of the Premises or any leasehold interest thereinBuilding Complex. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon a default under this Lease. Notwithstanding the party upon whom foregoing, in the request is made that: (i) event that tenant does not execute the statement required by this Lease is in full force and effectParagraph, without modification except Tenant hereby grants to Landlord a power of attorney coupled with an interest to act as may be represented Landlord's attorney-in-fact for the purpose of executing such statement or statements required by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) no Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (12) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)this Paragraph.

Appears in 1 contract

Samples: Parkway Lease Agreement (Renaissance Entertainment Corp)

Estoppel Certificate. Within Tenant shall, from time to time, within ten (10) days after written request therefor by Landlord, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Landlord or Landlord's designee a statement in writingwriting certifying: (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) certifying the dates to which the Annual Basic Rent, Additional Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the requesting party hereunder, Landlord hereunder or specifying such defaults if they any are claimed; and (d) certifying to that Tenant has paid Landlord the Security Deposit. In addition, such statement shall provide such other matters, relative to the Premises, this Lease information and Tenant, as facts Landlord may requestreasonably require, including, but not limited to, the Commencement Date and termination date of the Lease Term. Any such statement may be relied upon by any prospective purchaser or lender existing purchaser, ground lessee or mortgagee of all or any portion of the Premises or Project, as well as by any leasehold other assignee of Landlord's interest thereinin this Lease. The Tenant's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by the requesting partyLandlord; (ii) that there are no uncured defaults on the requesting party’s performancein Landlord's performance hereunder; and (iii) that Tenant has paid to Landlord the Security Deposit; (iv) that no more than one month's installment of Annual Basic Rent or Additional Rent has been paid in advance. If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve ; and (12v) month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars ($500.00)that the other information and facts set forth therein are true and correct.

Appears in 1 contract

Samples: Office Lease (Futureone Inc /Nv/)

Estoppel Certificate. Within Lessee shall, within not more than ten (10) days after request therefor by Landlordwritten notice from Lessor, or if on any saleexecute, assignment or hypothecation by Landlord of Landlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall acknowledge and deliver to the requesting party Lessor a statement in writing: writing (a1) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect; (b) certifying ), and stating the dates date to which the Rent rent and other charges are paid in advance, if any; , and stating the amount and nature of any and all sums deposited with Lessor, if any, and (c2) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the requesting party Lessor hereunder, or specifying such defaults if they any are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be conclusively relied upon by any prospective purchaser or lender encumbrancer of all or any portion property of which the Leased Premises or any leasehold interest thereinare a part. The Lessee's failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon the party upon whom the request is made that: Lessee (i1) that this Lease is in full force and effect, without modification except as may be represented by the requesting party; Lessor, (ii2) that there are no uncured defaults on the requesting party’s in Lessor's performance; , and (iii3) no Rent that not more than one month's rent has been paid in advance. If Tenant Lessee understands that Lessor is required subject to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), so that transactions with some individuals or requested entities may result in a breach of an ERISA-related requirement. Neither Lessee, nor any individual or entity affiliated with Lessee, is a "Party in Interest" within the meaning of Section 3(14) of ERISA (a copy of which is attached hereto as Exhibit D) with respect to execute any person or entity shown on the list attached hereto as Schedule 1. Lessee agrees to furnish to Lessor, within fifteen (15) days after Lessor's request, but no more than one estoppel certificate frequently that quarterly, a written representation and warranty that Lessee, or similar document any person or entity affiliated with Lessee is not a "Party in Interest" within the meaning of Section 3(14) of ERISA (a copy of which is to be attached to the representation and warranty) with respect to any twelve person or entity on an updated Schedule 1 (12which shall be attached to the representation and warranty) month periodprovided to Lessee in accordance with the notice provisions of Paragraph 30 of this Lease. Lessee agrees to indemnify and hold Lessor harmless from any costs, Landlord shall reimburse Tenant for its legal fees incurred in having expense or damage (including reasonable attorneys' fees) which may result from a breach of such documents reviewed, up to a total charge of five hundred dollars ($500.00)representation and warranty.

Appears in 1 contract

Samples: Lease (Cardiac Science Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.