Common use of Estoppel Certificates Clause in Contracts

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.

Appears in 5 contracts

Samples: Acquisition Agreement (CleanTech Biofuels, Inc.), Acquisition Agreement (CleanTech Biofuels, Inc.), Lease Agreement

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Estoppel Certificates. Tenant shallwill, (a) within five (5) days after Tenant receives written notice from Landlord, from time to time, upon written request and (b) on the Lease Commencement Date simultaneous with the execution of Landlordthe Lease Commencement Agreement, execute, acknowledge acknowledge, and deliver to Landlord or its designee Landlord, at no cost to Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage of the Premises; certifying that this Lease is unmodified and in full force and effect (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has or if there have been paid; (iv) modifications, that this Lease is in full force and effect as modified and stating the modifications), (ii) stating the dates to which the Rent has not been assignedpaid by Tenant, modified(iii) stating whether to the best knowledge of Tenant, supplemented or amended in Landlord has failed to fulfill any way; of its obligations under this Lease, and, if so, specifying each such failure of which Tenant has knowledge, (iv) stating that Tenant will give written notice to Landlord’s tender of any failure by Landlord to fulfill any of its obligations under this Lease, (v) that this Lease represents stating the entire agreement between the parties; address to which notices to Tenant should be sent, (vi) for the estoppel certificate delivered on the Lease Commencement Date, stating that all obligations under this Lease to be performed by either party have been satisfied; Tenant accepts the Premises and the improvements therein, and (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of providing any other such information Landlord reasonably requests relating to this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion Lease. Any owner of the Premises Building, any prospective purchaser of the Building, any Mortgagee or assigned its interest prospective Mortgagee of the Building or of Landlord’s interest, or any prospective assignee of any such mortgage may be rely on any such statement delivered pursuant hereto. Tenant irrevocably appoints Landlord, as Tenant’s attorney-in-fact, to execute and deliver on Tenant’s behalf any estoppel certificate to which Tenant does not object with specificity in the Lease and to whom; writing within five (xi5) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestdays of Tenant’s receipt thereof. Tenant acknowledges and agrees that any statement delivered pursuant to Tenant’s compliance with the requirements of this Section may be relied upon by a prospective purchaser is necessary for Landlord to manage efficiently the financial and other aspects of Landlord's owning and operating the Project (including facilitating the financing, refinancing, and/or sale of the Building or Project, any part thereof or any interest therein) and that any breach or assignee other violation of the provisions of this Section will result in material damages to Landlord (including any damages to Landlord in connection with its financing, refinancing, or sale of the Project, any part thereof, or any interest therein that results from any such breach or violation). Any breach or other violation of any mortgage or new mortgagee requirement of Landlord's interest in the Premises. If Tenant shall fail this Section will be a default hereunder, entitling Landlord to respond within ten (10) days to Landlord's request undertake immediately an action for the statement required by damages resulting therefrom (including any consequential, direct, and/or indirect damages) and pursue any other remedies available to Landlord on account of such default, including any remedies available under this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by LandlordLease or at law or equity.

Appears in 4 contracts

Samples: Work Agreement (Callidus Software Inc), Work Agreement (Callidus Software Inc), Lease (Taleo Corp)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completeprepared by Landlord stating: (i) the total rentable square footage of the Premises; (ii) the The date the this Lease term commenced was executed and the date it expires; (iii) the date the term commenced and the date Tenant accepted the Premises; the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that and certifying to the extent true: That this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfied; (vii) that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) that the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest deposit is as stated in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the PremisesLease; and (xii) such other factual matters concerning the status of this Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee the holder of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten twenty (1020) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by Landlordsecurity deposit is as stated in the Lease, and that not more than one month's Rent has been paid in advance.

Appears in 4 contracts

Samples: Sublease Agreement (Avenue a Inc), Sublease Agreement (Avenue a Inc), Letter Agreement (Avenue a Inc)

Estoppel Certificates. Tenant shall, will from time to time, upon written request of within fifteen (15) days after being requested to do so by Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following(or, subject at Landlord’s request, to any modifications necessary to make such statements true and completeexisting or prospective purchaser, transferee, assignee or mortgagee of any or all of the Premises, the Project, any interest therein or any of Landlord’s rights under this Lease) an instrument in recordable form, certifying: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is unmodified and in full force and effect (or, if there has been any modifications thereof, that it is in full force and effect and has not been assigned, as so modified, supplemented stating therein the nature of such modifications); (ii) as to the dates to which the Base Rent and any Additional Rent and any other charges arising hereunder have been paid; (iii) as to the amount of any prepaid Rent or amended in any waycredit due to Tenant hereunder; (iv) that Tenant has accepted possession of the Premises, and the date on which the Term of this Lease commenced; (v) as to whether, to the best of the Tenant’s knowledge, Landlord or Tenant is then in default in performing any of its obligations hereunder (and, if so, specifying the nature of each such default); and (vi) as to any other fact or condition reasonably requested by Landlord or such other addressee. Such instrument shall contain an express acknowledgment that the statements contained therein are being relied upon by Landlord and any such other addressee. Landlord will from time to time, within fifteen (15) days after being requested to do so by Tenant, execute, acknowledge and deliver to Tenant (or, at Tenant’s request, to a third party prospective or permitted assignee or sublessee) an instrument certifying (i) that this Lease represents is unmodified and in full force and effect (or, if there has been any modifications thereof, that it is in full force and effect as so modified, stating therein the entire agreement between the partiesnature of such modifications); (viii) that all obligations under this Lease as to be performed by either party the dates to which the Base Rent and any Additional Rent and any other charges arising hereunder have been satisfiedpaid; (viiiii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) as to the amount of Rentany prepaid Rent or any credit due to Tenant hereunder; (iv) as to whether, to the best of the Landlord’s knowledge, Landlord or Tenant is then in default in performing any of its obligations hereunder (and, if anyso, that Tenant paid in advance; (ix) specifying the amount nature of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premiseseach such default); and (xiiv) as to any other fact or condition reasonably requested by Tenant or such other factual matters concerning addressee. Such instrument shall contain an express acknowledgment that the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be statements contained therein are being relied upon by a prospective purchaser of Landlord's interest or assignee of Tenant and any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch other addressee.

Appears in 4 contracts

Samples: Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's ’s interest or assignee of any mortgage or new mortgagee of Landlord's ’s interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's ’s request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.

Appears in 4 contracts

Samples: This Lease Agreement (iCap Vault 1, LLC), This Lease Agreement (iCap Vault 1, LLC), Lease Agreement (Kush Bottles, Inc.)

Estoppel Certificates. Tenant shallwill, from time to time, upon written following any request of by Landlord, execute, acknowledge promptly execute and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: an estoppel certificate (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) 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 and has not been assignedeffect, modified, supplemented or amended in any way; (vii) that this Lease represents stating the entire agreement between the parties; (vi) that all obligations under this Lease date to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rentrent and other charges are paid in advance, if any, (iii) acknowledging that Tenant paid in advance; there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (ixiv) the amount of security that Tenant deposited with certifying such other information about this Lease as may be reasonably requested by Landlord; (x) if Tenant has sublet all , its Lender or a portion prospective lenders, investor or purchaser of the Premises Building or assigned its interest the Property. Tenant's failure to execute and deliver such estoppel certificate within ten days after Landlord's request therefor shall be a material default by Tenant under this Lease, and Landlord shall have all of the rights and remedies available to Landlord as Landlord would otherwise have in the case of any other material default by Tenant, including the right to terminate this Lease and xxx for damages proximately caused thereby, it being agreed and understood by Tenant that Tenant's failure to whom; (xi) if so deliver such estoppel certificate in a timely manner could result in Landlord being unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Landlord and Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees intend that any statement delivered pursuant to this Section Article may be relied upon by a any Lender or purchaser or prospective Lender or purchaser of Landlord's the Building, the Property, or any interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordherein.

Appears in 3 contracts

Samples: Acceptance Agreement (Atroad Inc), Acceptance Agreement (Atroad Inc), Virage Logic Corp

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, that this Lease is unmodified and in full force and effect (of if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant's behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 3 contracts

Samples: Office Lease (Deja Foods Inc), Office Lease (Powersource Corp), Office Lease (Powersource Corp)

Estoppel Certificates. Tenant shallAt any time, and from time to time, upon the written request of LandlordLandlord or any “Mortgagee” (as defined in section 29 hereof), executeTenant, acknowledge within ten (10) business days of the date of such written request, agrees to execute and deliver to Landlord or its designee and/or such Mortgagee, a written statement specifying the following, subject to any modifications necessary to make such statements true and completestatement: (ia) ratifying this Lease; (b) confirming the total rentable square footage commencement and expiration dates of the Premisesterms of this Lease; (iic) certifying that Tenant is in occupancy of the date Leased Space, and that the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been modified, assigned, modified, supplemented or amended in any wayexcept by such writings as shall be stated; (vd) that this Lease represents the entire agreement between the parties; (vi) certifying that all obligations conditions and agreements under this Lease to be satisfied or performed by either party Landlord have been satisfiedsatisfied and performed except as shall be stated; (viie) certifying that Landlord is not in default under the Lease and there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord, or stating the defaults and/or defenses claimed by Tenant; (viiif) reciting the amount of Rentadvance rent, if any, that paid by Tenant paid in advanceand the date to which such rent has been paid; (ixg) reciting the amount of security that Tenant deposited with Landlord; (x) , if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premisesany; and (xiih) such any other factual matters concerning the Lease information which Landlord or the Premises as Mortgagee reasonably may require. The failure of Tenant to execute, acknowledge and deliver to Landlord may reasonably request. and/or any Mortgagee a statement in accordance with the provisions herein within the period set forth herein shall constitute an acknowledgment by Tenant acknowledges and agrees that any statement delivered pursuant to this Section which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Leased Space or the Building that this Lease has not been assigned, amended, changed or modified, is in full force and effect and that the Minimum Annual Rent, and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement and shall constitute as to any persons entitled to rely on such statements (other than Landlord) a prospective purchaser of Landlord's interest or assignee waiver of any mortgage defaults by Landlord or new mortgagee defenses or offsets against the enforcement of Landlord's interest in this Lease by Landlord which may exist prior to the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy date of the information provided by Landlordwritten request.

Appears in 3 contracts

Samples: Castle Creek Biosciences, Inc., Castle Creek Biosciences, Inc., Lease (Isolagen Inc)

Estoppel Certificates. Tenant shallagrees to furnish periodically, from time to time, upon within ten (10) days after written request therefor by Landlord, or any actual or prospective Mortgagee for any Hotel, or any interest of Landlord therein or any actual or prospective purchaser of Landlord's interest, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements certificate signed by Tenant (which may require a true and complete: correct copy of this Lease and any and all amendments hereto to be attached) certifying (ito the extent same is true) to the total rentable square footage of the Premisesthen current Rent due hereunder; (ii) the date the Lease term commenced and the date it expiresthat Tenant is not in default hereunder; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and unmodified; that the Term has not been assigned, modified, supplemented or amended in any waycommenced and the full rental is then accruing hereunder; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations no Rent under this Lease has been paid more than ninety (90) days in advance of its due date; that the address for Notices to be performed sent to Tenant is as set forth in this Lease (or has been changed by either party have been satisfiedNotice duly given and is as set forth in the certificate); (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement no knowledge of any default by Landlord then existing under this Lease Lease; and such other matters as may be reasonably requested by Landlord; (viii) the amount of RentLandlord or any Mortgagee, if any, that prospective Mortgagee or prospective purchaser. If Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all is unable to so certify as to one or a portion more of the Premises or assigned foregoing items, Tenant shall specify its interest reason therefor in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) writing. Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section certificate may be relied upon by a any prospective purchaser purchaser, ground lessor, Mortgagee, or any beneficiary under any deed of Landlord's interest trust on the Improvements or assignee of the Land or any mortgage or new mortgagee of Landlord's interest in the Premisespart thereof. If Tenant shall fail Landlord agrees to respond furnish periodically, within ten (10) days to Landlord's after written request for therefor by Tenant or any actual or prospective Mortgagee, a certificate signed by Landlord containing substantially the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the same information provided by Landlordas described above.

Appears in 3 contracts

Samples: Lease (Red Lion Hotels Inc), Contribution Agreement (Red Lion Hotels Inc), Lease (Doubletree Corp)

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days’ prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, that this Lease is unmodified and in full force and effect (of if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month’s Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord’s or a portion any predecessor landlord’s interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant’s behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 2 contracts

Samples: Office Lease (Derycz Scientific Inc), Lease Agreement (RigNet, Inc.)

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant's behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 2 contracts

Samples: Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc), Acceptance Letter     Office Lease (Treaty Oak Bancorp Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written Within not more than fifteen (15) days after request of by Landlord, to execute, acknowledge and deliver to Landlord an estoppel certificate in writing in the form reasonably required by Landlord, certifying as to all or its designee a written statement specifying any of the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is unmodified and in full force and effect (or, if there have been any modifications stating such modifications), (ii) whether the Term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if so, the dates to which they have been paid, (iii) whether or not, to Tenant’s knowledge, Landlord is in default in performance of any of the terms of this Lease, and, if so, specifying such defaults, (iv) whether Tenant has not been assignedaccepted possession of the Premises, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations whether Tenant has made any claim against Landlord under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claimsand, defenses or offsets which if so, the Tenant has against nature thereof and the enforcement of this Lease by Landlord; (viii) the amount of Rentdollar amount, if any, that of such claim, (vi) whether Tenant paid in advance; (ix) the amount claims any offsets or defenses against enforcement of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion any of the Premises or assigned its interest terms of this Lease, and, if so, setting them forth in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; reasonable detail, and (xiivii) such other factual matters concerning the further information with respect to Lease or and/or the Premises as Landlord may reasonably requestrequest and is customary in estoppel certificates provided to landlords, buyers and/or lenders. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section subsection 6.1.11 may be relied upon by a Landlord, any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably required by Landlord to be provided to any mortgagee or prospective purchaser of Landlord's interest the Property; provided, however, Landlord shall exercise good faith reasonable efforts to keep such financial information confidential and, prior to the delivery of any of Tenant’s financial information to such prospective purchasers, mortgagees or assignee assignees of any mortgage, require such prospective purchasers, mortgagees or assignees of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days sign a commercially reasonable confidentiality agreement with respect to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch confidential information.

Appears in 2 contracts

Samples: Commencement Date Agreement (Tokai Pharmaceuticals Inc), Sublease (Tokai Pharmaceuticals Inc)

Estoppel Certificates. Tenant shall, shall from time to time, upon within ten (10) business days after written request of from Landlord, execute, acknowledge and deliver a statement certifying (subject to Landlord such exceptions or its designee a written statement specifying claims as Tenant may properly make and describe therein) the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; this Lease is unmodified, and is valid and in full force and effect, (ii) the date Commencement Date, Expiration Date, and rentable area of the Lease term commenced and the date it expires; Premises, (iii) the amount of minimum monthly Rent and the date to which such no Rent has been paid; paid more than one month in advance, and the annual and monthly Base Rent, Tenant’s Share of Taxes, Insurance and Expenses, and current payments thereof, and Security Deposit, (iv) that this Lease Tenant is in full force possession of the Premises, and effect and has not been assignedpaying Rent on a current basis with no offsets, modifieddefenses or claims, supplemented or amended in any way; (v) that this Lease represents there are no uncured defaults on the entire agreement between part of Landlord or Tenant, and no events or conditions which, with the parties; giving of notice or lapse of time or both, would constitute a default by Tenant or Landlord, (vi) that all obligations under Tenant has no options to purchase the Property or terminate this Lease to be performed by either party have been satisfied; Lease, nor any expansion, reduction or extension rights, (vii) that there are no existing claimsLandlord has satisfied any obligations to perform or reimburse Tenant for any leasehold improvements, defenses or offsets which and Tenant is not entitled to any Rent abatement period after the Tenant has against date of the enforcement of this Lease by Landlord; certificate, and (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) certifying such other factual matters concerning the Lease or the Premises matters, and including such current financial statements, as Landlord may reasonably request, or as may be requested by Landlord’s current or prospective Lenders, insurance carriers, auditors, and prospective purchasers (and including a comparable certification statement from any subtenant respecting its sublease). Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisessuch parties. If Tenant shall fail to respond execute and return such statement within ten (10) days to Landlord's request for the statement required by this Sectiontime required/herein, Landlord may provide the statement Tenant shall be in Default, and Tenant shall be deemed to have admitted agreed with the accuracy of the information provided by matters set forth therein (without limiting Landlord’s other remedies).

Appears in 2 contracts

Samples: Lease Agreement (Aldagen Inc), Standard Lease (Aldagen Inc)

Estoppel Certificates. Tenant Tenant, shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying an Estoppel Certificate in the following, subject to any modifications necessary to make such statements true and completeform shown in Exhibit E stating: (i) the total rentable square footage of the Premises; (ii) the date the this Lease term commenced was executed and the date it expires; (iii) the Commencement Date and the date Tenant accepted the Premises; the amount of minimum monthly Basic Rent and any then applicable Additional Rent and any other sums payable under the Lease and date to which such Rent has rent and/or other sums have been paid; (iv) and certifying to the best of its knowledge: that this Lease is in full force and effect and has not been assigned, modifiedratified, supplemented or amended in any wayway (or specifying the date and terms of any agreement as to this tenancy); (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfiedsatisfied (or specifying any such unsatisfied conditions and the extent to which such conditions are unsatisfied); (vii) that there are no existing claims, defenses or offsets which all required contributions by Landlord to Tenant on account of the Tenant Improvements have been received (or specifying the nature and amount of any such contributions that have not been received); that no Tenant has against been paid more than one month in advance (or specifying the enforcement amount and payment dates of this Lease by Landlordany Tenant that has been so paid); (viii) the amount of Rent, the Security Deposit held by Landlord (if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises); and (xii) such any other factual matters concerning the Lease information or the Premises as Landlord may reasonably requestitems requested by Landlord. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section 27 may be relied upon by a Landlord and any prospective purchaser of Landlord's interest or assignee prospective holder of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding and/or the Property. If Tenant shall fail to respond provide such estoppel certificate within ten (10) days of receipt by Tenant of a written request by Landlord as herein provide, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to any prospective purchaser or mortgagee and to have certified that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by LandlordSecurity Deposit is as stated in the Lease, and that not more than one month's Rent has been paid in advance.

Appears in 2 contracts

Samples: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)

Estoppel Certificates. Tenant shall, agrees from time to time, upon within ten (10) days after written request of therefor by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying to Landlord, any Mortgagee, assignee of a Mortgagee, or its designee a written statement specifying any purchaser of the followingBuilding or the land on which it is constructed, subject or both, or any other Person designated by Landlord, as of the date of such statement, to any modifications necessary to make such statements true and complete: the extent of Tenant's knowledge (i) the total rentable square footage that Tenant is in possession of the Leased Premises; (ii) the date the that this Lease term commenced is unmodified and the date it expires; in full force and effect (iii) the amount of minimum monthly Rent and the date to which such Rent has or, if there have been paid; (iv) modifications, that this Lease is in full force and effect as modified and has setting forth such modifications); (iii) whether or not there are then existing any set-offs or defenses known to Tenant against the enforcement of any right or remedy of Landlord, or any duty or obligation of Tenant, hereunder (and, if so, specifying the same in detail); (iv) the dates, if any, to which any Basic Rent or Additional Charges have been assigned, modified, supplemented or amended paid in any wayadvance; (v) that this Lease represents Tenant has no knowledge of any uncured defaults on the entire agreement between the parties; (vi) that all obligations part of Landlord under this Lease to be performed by either party have been satisfied(or, if Tenant has such knowledge, specifying the same in detail); (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement amount of this Lease any Security Deposit held by Landlord; and (viii) the amount of Rentany additional facts reasonably requested by any such Mortgagee, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all assignee or a portion of the Premises Mortgagee or assigned its interest in the Lease and purchaser. Landlord agrees from time to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond time, within ten (10) days (or as soon as reasonably practical but not more then thirty (30) days), after written request therefor by Tenant to execute, acknowledge and deliver to Tenant a statement in writing certifying to Tenant, any Mortgagee, assignee of a Mortgagee, or any purchaser of or successor in interest to Tenant, or any other Person designated by Tenant, as of the date of such statement, to the extent of Landlord's request for actual knowledge (i) that Landlord is the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy owner of the information provided Building and the Land; (ii) that Tenant is in possession of the Leased Premises; (ii) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect as modified and setting forth the dates of such modifications); (iii) the dates, if any, to which any Basic Rent or Additional Charges have been paid in advance; and (iv) the amount of any Security Deposit held by Landlord.;

Appears in 2 contracts

Samples: Lease Agreement (Comstock Homebuilding Companies, Inc.), Lease Agreement (Comstock Homebuilding Companies, Inc.)

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon written request of as requested by Landlord, executeupon not less than fifteen (15) days’ prior notice, acknowledge to execute and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true executed and complete: acknowledged by Tenant (ia) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) stating that this Lease is then in full force and effect and has not been assigned, modified (or if modified, supplemented setting forth all modifications), (b) setting forth the then annual Fixed Rent, (c) setting forth the date to which the Fixed Rent and Additional Rent have been paid, (d) stating whether or amended not, to the best knowledge of the Tenant, Landlord is in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations default under this Lease to be performed by either party have been satisfied; Lease, and if so, setting forth the specific nature of all such defaults, (viie) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) stating the amount of Rentthe Security Deposit, (f) stating whether Tenant possesses any renewal, extension, expansion, contraction or termination options and their respective terms, if any, that Tenant paid in advance; (ixg) the amount of security that Tenant deposited stating whether Landlord has fulfilled all obligations with Landlord; (x) if Tenant has sublet all or a portion regard to delivery of the Premises or assigned its interest in to Tenant. (h) stating whether there are any subleases affecting the Premises, (i) stating the address of Tenant to which all notices and communications under the Lease shall be sent, the Commencement Date and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; Expiration Date, and (xiij) such as to any other factual matters concerning the Lease or the Premises as Landlord may reasonably requestrequested by Landlord. Tenant acknowledges and agrees that any statement delivered pursuant to this Section 9.5 may be relied upon by a prospective others with whom Landlord may be dealing, including any purchaser or owner of the Real Property or the Building, or of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's ’s interest in the Premises. If Tenant shall fail to respond within ten (10) days to Real Property or the Building or any Superior Lease, or by any Mortgagee, Superior Lessor or Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord’s mezzanine lender.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon written request of as requested by Landlord, executeupon not less than fifteen (15) days’ prior notice, acknowledge to execute and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true executed and complete: acknowledged by Tenant (ia) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) stating that this Lease is then in full force and effect and has not been assigned, modified (or if modified, supplemented setting forth all modifications), (b) setting forth the then annual Fixed Rent, (c) setting forth the date to which the Fixed Rent and Additional Rent have been paid, (d) stating whether or amended not, to the best knowledge of the Tenant, Landlord is in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations default under this Lease to be performed by either party have been satisfied; Lease, and if so, setting forth the specific nature of all such defaults, (viie) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) stating the amount of Rentthe Security Deposit, (f) stating whether Tenant possesses any renewal, extension, expansion, contraction or termination options and their respective terms, if any, that Tenant paid in advance; (ixg) the amount of security that Tenant deposited stating whether Landlord has fulfilled all obligations with Landlord; (x) if Tenant has sublet all or a portion regard to delivery of the Premises or assigned its interest in to Tenant, (h) stating whether there are any subleases affecting the Premises, (i) stating the address of Tenant to which all notices and communications under the Lease shall be sent, the Commencement Date and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; Expiration Date, and (xiij) such as to any other factual matters concerning the Lease or the Premises as Landlord may reasonably requestrequested by Landlord. Tenant acknowledges and agrees that any statement delivered pursuant to this Section 9.5 may be relied upon by a prospective others with whom Landlord may be dealing, including any purchaser or owner of the Real Property or the Building, or of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's ’s interest in the Premises. If Tenant shall fail to respond within ten (10) days to Real Property or the Building or any Superior Lease, or by any Mortgagee, Superior Lessor or Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord’s mezzanine lender.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten (10) days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Rent Rent, additional rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing (or identifying any such other agreements); (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on the date of such certificate there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by Landlordthe Landlord (or specifying any such defenses or offsets); that no Rent has been paid more than one (viii1) month in advance (or, if so, the amount of Rentthereof); that no security has been deposited with Landlord (or, if anyso, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlordthereof); (x) if Tenant has sublet all or a portion and/or any other matters evidencing the status of the Premises Lease as may be required either by a lender or assigned its prospective lender with respect to any loan to Landlord secured or to be secured by a deed of trust or mortgage against the Building, or by a purchaser or prospective purchaser of the Building, Landlord's interest therein or Landlord's ownership interests, which written statement shall be in substantially the Lease same form as Exhibit F attached hereto and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestmade a part hereof by this reference. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten (10) days after receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 2 contracts

Samples: Lease (Arbor National Holdings Inc), Lease (Marcam Solutions Inc)

Estoppel Certificates. Tenant shall, shall from time to time, upon within ten (10) business days after written request of from Landlord, execute, acknowledge and deliver a statement certifying (subject to Landlord such exceptions or its designee a written statement specifying claims as Tenant may properly make and describe therein) the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; this Lease is unmodified, and is valid and in full force and effect, (ii) the date Commencement Date, Expiration Date, and rentable area of the Lease term commenced and the date it expires; Premises, (iii) the amount of minimum monthly Rent and the date to which such no Rent has been paid; paid more than one month in advance, and the annual and monthly Base Rent, Tenant’s Share of Taxes and Expenses (and the Base Years) and current payments thereof, and Security Deposit, (iv) that this Lease Tenant is in full force possession of the Premises, and effect and has not been assignedpaying Rent on a current basis with no offsets, modifieddefenses or claims, supplemented or amended in any way; (v) that this Lease represents there are no uncured defaults on the entire agreement between part of Landlord or Tenant, and no events or conditions which, with the parties; giving of notice or lapse of time or both, would constitute a default by Tenant or Landlord, (vi) that all obligations under Tenant has no options to purchase the Property or terminate this Lease to be performed by either party have been satisfied; Lease, nor any expansion, reduction or extension rights, (vii) that there are no existing claimsLandlord has satisfied any obligations to perform or reimburse Tenant for any leasehold improvements, defenses or offsets which and Tenant is not entitled to any Rent abatement period after the Tenant has against date of the enforcement of this Lease by Landlord; certificate, and (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) certifying such other factual matters concerning the Lease or the Premises matters, and including such current financial statements, as Landlord may reasonably request, or as may be requested by Landlord’s current or prospective Lenders, insurance carriers, auditors, and prospective purchasers (and including a comparable certification statement from any subtenant respecting its sublease). Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisessuch parties. If Tenant shall fail to respond execute and return such statement within ten the time required herein, and shall fail to do so within five (105) additional days to Landlord's request for the statement required by this Sectionfollowing a second written request, Landlord may provide the statement Tenant shall be in Default, and Tenant shall be deemed to have admitted agreed with the accuracy of the information provided by matters set forth therein (without limiting Landlord’s other remedies).

Appears in 2 contracts

Samples: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)

Estoppel Certificates. Tenant shall, from time to time, upon within ten (10) days of receiving a written request of from Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Rent Base Rent, additional rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing (or identifying any such other agreements); (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant’s improvements have been received (vii) or specifying any such contributions that have not been received); that on the date of such certificate there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by Landlordthe Landlord (or specifying any such defenses or offsets); that no Rent has been paid more than one (viii1) month in advance (or, if so, the amount of Rentthereof); that no security has been deposited with Landlord (or, if anyso, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlordthereof); (x) if Tenant has sublet all or a portion and/or any other matters evidencing the status of the Premises Lease as may be required either by a lender or assigned its prospective lender with respect to any loan to Landlord secured or to be secured by a deed of trust or mortgage against the Building, or by a purchaser or prospective purchaser of the Building, Landlord’s interest therein or Landlord’s ownership interests, which written statement shall be in substantially the Lease same form as Exhibit F attached hereto and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestmade a part hereof by this reference. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's ’s interest or a mortgagee of Landlord’s interest or assignee of any mortgage or new mortgagee of upon Landlord's ’s interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten (10) days after receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee. Landlord shall, in connection with a merger, acquisition or similar transaction by Tenant, within ten (10) days of receiving a written request from Tenant, execute, acknowledge and deliver to Tenant or its designee a written statement stating that the Lease is in full force and effect and that, to Landlord’s knowledge, there is no event of default thereunder and such additional information provided as mat reasonably be requested by LandlordTenant.

Appears in 2 contracts

Samples: Lease (Wave2Wave Communications, Inc.), Lease (Wave2Wave Communications, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten --------------------- (10) days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date Tenant entered occupancy of the Premises; the amount of minimum monthly Base Rent, Additional Rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease) ; (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (viior specifying contributions that have not been received) that on the date of such statement there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by Landlordthe Landlord (or if so, specifying the same); that no Rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; that no security has been deposited with Landlord (ix) or, if so, the amount thereof) ; or any other matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be reasonably required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building, or a portion purchaser of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestBuilding. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section Article may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 2 contracts

Samples: Lease Agreement (Vialog Corp), Expansion Agreement (Call Points Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications OR ADDITIONS necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iiiii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iviii) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (viv) that this Lease represents the entire agreement between the parties; (viv) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfied; (viivi) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viiivii) the amount of Rent, if any, that Tenant no Rent has been paid more than one month in advance; and (ixviii) that no security has been deposited with Landlord (or, if so, the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) thereof). Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 2 contracts

Samples: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the this Lease term commenced was executed and the date it expires, the date Tenant entered into occupancy of the Premises; (iii) the amount of minimum monthly Rent rent and the date to which such Rent rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied; (vii) that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; that no rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; and that no security has been deposited with Landlord (ix) or, if so, the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestthereof). Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or a mortgage of Landlord's interest or assignee of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten fifteen (1015) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 2 contracts

Samples: Lease Agreement (Brighton Technologies Corp), Lease Agreement (Brighton Technologies Corp)

Estoppel Certificates. Tenant shall, agrees at any time and from time to time, time upon not less than fifteen (15) days’ prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month’s Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord’s or a portion any predecessor landlord’s interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that to Tenant’s best knowledge, Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement whom it is addressed and such statement, if required by this Sectionits addressee, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordso specifically state.

Appears in 2 contracts

Samples: Office Lease (Splunk Inc), Office Lease (Omniture, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon --------------------- written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completeprepared by Landlord stating: (i) the total rentable square footage of the Premises; (ii) the The date the this Lease term commenced was executed and the date it expires; (iii) the date the term commenced and the date Tenant accepted the Premises; the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that and certifying to the extent true: That this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfied; (vii) that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) and that the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest deposit is as stated in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestLease. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee the holder of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten (10) business days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by Landlordsecurity deposit is as stated in the Lease, and that not more than one month's Rent has been paid in advance.

Appears in 2 contracts

Samples: Lease Agreement (Visio Corp), Lease Agreement (Visio Corp)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant Xxxxxx acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.ten

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completeprepared by Landlord stating: (i) the total rentable square footage of the Premises; (ii) the The date the this Lease term commenced was executed and the date it expires; (iii) the date the term commenced and the date Tenant accepted the Premises; the amount of the current minimum monthly Rent and the date to which such Rent has been paid; (iv) that and certifying to the extent true: That this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfied; (vii) that all required contributions by Landlord to Tenant on account of Tenant's Improvements have been received; that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) that the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest deposit is as stated in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the PremisesLease; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee the holder of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by Landlordsecurity deposit is as stated in the Lease, and that not more than one month's Rent has been paid in advance. Upon written request from Tenant, which shall not be submitted more than twice a year, Landlord shall execute, acknowledge and deliver to Tenant or its designee a written statement confirming the material terms of the Lease and indicating whether Tenant is in default under the Lease. Landlord should respond to Tenant's written request herein within thirty (30) days after the receipt of the request.

Appears in 1 contract

Samples: Lease Agreement (Telecommunication Systems Inc /Fa/)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten (10) days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Rent Rent, additional rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on this date there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by the Landlord; that no Rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; that no security has been deposited with Landlord (ix) or, if so, the amount thereof); or any other matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building, or a portion purchaser of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestBuilding. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding or any one else indicated in Landlord's notice requesting the estoppel statement and the estoppel statement shall so provide. If Tenant shall fail fails to respond within ten twenty (1020) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee. Landlord shall, within twenty (20) days after written request from Tenant, supply to Tenant a similar estoppel certificate. If Landlord fails to respond within twenty (20) days of receipt by Landlord of a written request by Tenant as herein provided, Landlord shall be deemed to have given such Certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information provided supplied by LandlordTenant to any prospective subtenant or assignee.

Appears in 1 contract

Samples: Lease (Axiom Inc)

Estoppel Certificates. Tenant shallwill, from time to time, upon written following any request of by Landlord, execute, acknowledge promptly execute and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: an estoppel certificate (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) 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 and has not been assignedeffect, modified, supplemented or amended in any way; (vii) that this Lease represents stating the entire agreement between the parties; (vi) that all obligations under this Lease date to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rentrent and other charges are paid in advance, if any, (iii) acknowledging that Tenant paid in advance; there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (ixiv) the amount of security that Tenant deposited with certifying such other information about this Lease as may be reasonably requested by Landlord; (x) if Tenant has sublet all , its Lender or a portion prospective lenders, investor or purchaser of the Premises Building or assigned its interest the Property. Tenant’s failure to execute and deliver such estoppel certificate within ten days after Landlord’s request therefore shall be a material default by Tenant under this Lease, and Landlord shall have all of the rights and remedies available to Landlord as Landlord would otherwise have in the case of any other material default by Tenant, including the right to terminate this Lease and xxx for damages proximately caused thereby, it being agreed and understood by Tenant that Tenant’s failure to whom; (xi) if do deliver such estoppel certificate in a timely manner could result in Landlord being unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Landlord and Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees intend that any statement delivered pursuant to this Section Paragraph may be relied upon by a any Lender or purchaser or prospective Lender or purchaser of Landlord's or the Building, the Property, or any interest or assignee of any mortgage or new mortgagee of Landlord's interest herein. Notwithstanding anything to the contrary in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide shall, upon the statement same terms and conditions applicable to Tenant, give an estoppel certificate to Tenant shall be deemed to have admitted for the accuracy benefit of any lender taking a security interest in the information provided by LandlordLease or for the benefit of a purchaser of Tenant’s assets.

Appears in 1 contract

Samples: Industrial Space Lease (Alphasmart Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the this Lease term commenced was executed and the date it expires; (iii) the date the term commenced and the date Tenant accepted the Premises; the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) and certifying: that this Lease is in full force and effect and has not been assigned, modifiedratified, supplemented or amended in any wayway (or specifying the date and terms of agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties to this Lease; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied; (vii) that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (viii) the amount of Rent, if any, that Tenant no Rent has been paid more than one month in advance; and that no security has been deposited with Landlord (ix) or, if so, the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestthereof). Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or assignee of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuildings. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and to have certified that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by Landlordsecurity deposit is as stated in the Lease, and that not more than one month's Rent has been paid in advance.

Appears in 1 contract

Samples: 6 Lease Agreement (Tera Computer Co \Wa\)

Estoppel Certificates. Tenant shallshall execute on the Commencement Date, and Landlord and Tenant shall at any time and from time to time, upon not less than twenty (20) days’ prior written request of Landlordby the other (but not more than twice in any twelve (12) month period), execute, acknowledge and deliver to Landlord the other a statement in writing at Landlord’s option, with respect to each Individual Leased Premises or its designee a written statement specifying the followingLeased Premises, subject to any modifications necessary to make such statements true and complete: certifying (i) the total rentable square footage of the Premises; that this Lease is unmodified and in full effect (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has or, if there have been paid; (iv) modifications, that this Lease is in full force and effect and has not been assigned, as modified, supplemented setting forth such modifications), (ii) the dates to which Basic Rent, payable hereunder has been paid, (iii) that to the knowledge of the signer of such certificate no default by either Landlord or amended in any way; Tenant exists hereunder or specifying each such default of which the signer may have knowledge, (iv) the remaining Term hereof, (v) with respect to a certificate signed on behalf of Tenant, that this Lease represents to the entire agreement between knowledge of the parties; signer of such certificate, there are no proceedings pending or threatened against Tenant before or by any court or administrative agency which if adversely decided would materially and adversely affect the financial condition and operations of Tenant or if any such proceedings are pending or threatened to said signer’s knowledge, specifying and describing the same, and (vi) that all obligations under this Lease to such other matters as may reasonably be performed requested by either the party have been satisfied; (vii) that there are no existing claims, defenses requesting the certificate and typical or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest otherwise customary in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestlandlord/tenant relationship. Tenant acknowledges and agrees It is intended that any statement delivered pursuant to this Section such statements may be relied upon by a Lender, the recipient of such statements or their assignees or by any prospective purchaser of Landlord's interest purchaser, assignee or assignee subtenant of any mortgage or new mortgagee of Landlord's interest in the Individual Leased Premises. If requested by Lender, Tenant shall fail further agrees to respond within ten provide an opinion from its general counsel addressed to Lender, any Rating Agencies and any other parties purchasing or owning an interest in a loan secured by the Leased Premises, to the effect that (10i) days this Lease is duly authorized by all necessary corporate action of Tenant, (ii) the Tenant is duly formed and in good standing under the laws of its state of formation and (iii) this Lease does not conflict with any agreements to Landlord's request for the statement required by this Section, Landlord may provide the statement and which Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordis a party.

Appears in 1 contract

Samples: Master Lease Agreement (CVSL Inc.)

Estoppel Certificates. Tenant shall, at any time and from time to time, upon not less than five (5) days prior written request of notice by Landlord, execute, acknowledge before a Notary Public, and deliver to Landlord or its designee a written statement specifying the following(or, subject at Landlord's request, to any modifications necessary to make such statements true and completeexisting or prospective purchaser, transferee, assignee or holder of a Deed or Trust or Mortgage securing any or all of the Premises or the Property, any interest thereon or any of Landlord's rights under this Lease) a instrument in recordable form: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force (or if there have been modifications, that the Lease is in full force and effect as modified and has not stating the modifications); (ii) stating the dates to which the rent and any other charges due hereunder have been assignedpaid by Tenant; (iii) stating whether or not, modifiedto Tenant's best knowledge, supplemented Landlord is in default in the performance or amended any covenant or condition contained in any waythis Lease, and if so, detailing the nature of such default; (iv) stating the address to which notices to Tenant should be sent; (v) stating that this Lease represents Tenant has accepted the entire agreement between the partiesPremises and that all work required has been completed by Landlord; and (vi) that all obligations under this Lease to any other information as may be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease reasonably required by Landlord; (viii) the amount of Rent, if any, that . Any such statement delivered by Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion pursuant hereto may be replied upon by any owner of the Premises Property, any prospective purchaser of the Property, any holder of a deed of trust or assigned its mortgage or prospective holder of a deed or trust of mortgage on the Property or on Landlord's interest in the Lease and to whom; (xi) if Tenant has therein, or any option to extend the Lease prospective assignee of any such deed of trust or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestmortgage. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser time is of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request essence for the statement required by this Section, delivery of such statements and that Tenant's failure to comply within the time period specified may result in substantial damages to Landlord may provide the statement and that Tenant shall be deemed to have admitted the accuracy of the information provided liable for all such damages suffered by Landlord.

Appears in 1 contract

Samples: Office Lease (Allied Research Corp)

Estoppel Certificates. Tenant shall, from time to timewithin ten (10) days of demand, upon written request of Landlord, --------------------- execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completecertifying: (i) the total rentable square footage of the Premises; (ii) the date the Lease term Term commenced (the "Commencement Date") or will commence and the date it expires; (ii) the date Tenant entered into occupancy of and commenced business operations in the Premises; (iii) the amount of minimum monthly Base Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of each agreement so affecting this Lease) and that no part of the Premises has been sublet, or to the extent such is not the case, a copy of any sublease); (v) that that, to the extent such is the case, this Lease together with the Space Description, represents the entire agreement between the partiesparties as to the Premises; (vi) that all obligations Landlord is not in default under this Lease to be performed by either party have been satisfied(or if such is not the case, the extent and nature of such default); (vii) that all required advances by Landlord to Tenant on account of Tenant Improvements have been made (or the extent that such is not the case); (viii) on the date of such certification there are no existing claims, defenses or offsets claims which the Tenant has against the enforcement of this Lease by Landlord; Landlord (viii) or if such is not the amount case, the extent and nature of Rent, if any, that Tenant paid in advancesuch defenses or claims); (ix) the amount of security that Tenant deposited with Landlord; the Security Deposit paid to Landlord and (x) if Tenant has sublet all any other fact or representation that a portion of the Premises mortgagee or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord purchaser may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section 19.2 shall be fully and completely binding upon Tenant for all purposes of this Lease, may be relied upon by a prospective purchaser or mortgagee of Landlord's interest interest, or any assignee of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding or the Land. If Tenant shall fail to respond within ten (10) days to Landlord's of receipt of a written request for the statement required by this SectionLandlord therefor, Landlord may provide the statement and Tenant shall be deemed to have given a certificate as above provided without modification and shall be conclusively deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by LandlordSecurity Deposit is as stated in this Lease and that not more than one month's Rent has been paid in advance.

Appears in 1 contract

Samples: Redmond Corporate (Cacheflow Inc)

Estoppel Certificates. Tenant shall, agrees on the Term Commencement Date and from time to timetime thereafter, upon not less than fifteen (15) days’ prior written request of by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing, certifying that this Lease is unmodified and in full force and effect, that Tenant has no defenses, offsets or counterclaims against its designee a written statement specifying the followingobligations to pay rent and other charges required under this Lease and to perform its other covenants under this Lease and that there are no uncured defaults of Landlord or Tenant under this Lease (or, subject to if there have been any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) modifications, that this Lease is in full force and effect and has not been assignedeffect, as modified, supplemented and stating the modifications, and, if there are any defenses, offsets, counterclaims or amended defaults, setting them forth in any way; (v) that this Lease represents reasonable detail), and the entire agreement between dates to which the parties; (vi) that all obligations under this Lease to be performed by either party Rent and other charges have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) paid. Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section 17.8 may be relied upon by a any prospective purchaser or mortgagee of Landlord's interest the property which includes the Premises or any prospective assignee of any mortgage such mortgagee, however, Tenant shall incur no liability for its certifications reasonably made by Tenant in good faith. Landlord agrees on the Term Commencement Date and from time to time thereafter, upon not less than fifteen (15) days’ prior written request by Tenant, to execute, acknowledge and deliver to Tenant a statement in writing, certifying that this Lease is unmodified and in full force and effect, that Landlord has no defenses, offsets or new counterclaims with respect to its obligations under this Lease and to perform its other covenants under this Lease and that there are no uncured defaults of Landlord or Tenant under this Lease (or, if there have been any modifications, that this Lease is in full force and effect, as modified, and stating the modifications, and, if there are any defenses, offsets, counterclaims or defaults, setting them forth in reasonable detail), and the dates to which the Rent and other charges have been paid. Any such statement delivered pursuant to this Section 17.8 may be relied upon by any prospective purchaser or mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for property which includes the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy Premises or any prospective assignee of the information provided by Landlordany such mortgagee or any other party.

Appears in 1 contract

Samples: Office Lease Agreement (Valeritas Holdings Inc.)

Estoppel Certificates. 21.01 Tenant shall, agrees at any time and from time to time, time upon not less than twenty (20) days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, that this Lease is unmodified and in full force and effect (of if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if one or more of the above statements are true, the facts relating to such statements, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser to whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant does not execute, acknowledge and deliver to Landlord the statement as and when required herein, Landlord is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement on Tenant's behalf, which statement shall be binding on Tenant to the same extent as if executed by Tenant (and such grant shall not be in limitation of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesother remedies for such failure by Tenant). If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required Landlord must provide a similar Estoppel Certificate if so requested by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by LandlordTenant.

Appears in 1 contract

Samples: Industrial Lease (Brightpoint Inc)

Estoppel Certificates. Tenant shall, At any time and from time to time, Tenant agrees, upon written request of in writing from Landlord, to promptly without delay execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) in writing 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) and the dates to which the Fixed Rent, Percentage Rent, Additional Rent, and other charges hereunder have been paid. In addition, Tenant agrees to furnish Landlord, upon request and after Tenant has not opened its doors for business in the Premises, a letter addressed to Landlord's mortgagee or financial institution, giving the following information or any part thereof requested by Landlord: (i) that the Premises have been assigned, modified, supplemented completed on or amended in any waybefore the date of such letter and that all conditions precedent to the lease taking effect have been carried out; (vii) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against accepted possession, that the enforcement lease term has commenced, that Tenant is occupying the Premises and that Tenant knows of this Lease no default under the lease by the Landlord; (viiiiii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion actual commencement date of the Premises or assigned its interest in lease and the Lease and to whom; (xi) if Tenant has any option to extend expiration date of the Lease or option to purchase the Premiseslease; and (xiiiv) that the Tenant's store is open for business. In the event the Tenant fails to provide such other factual matters concerning the Lease or the Premises letter as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond above-described within ten (10) business days to after Landlord's written request for the statement required by this Sectiontherefor, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney-in-fact and in its name, place and stead so to do. At any time and from time to time, Landlord may provide agrees, upon ten (10) days request in writing from Tenant, to execute, acknowledge and deliver to Tenant a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there has been modification, that the statement same is in full force and effect as modified and stating the modifications) and the dates to which the Fixed Rent, Percentage Rent, Additional Rent and other charges hereunder have been paid, and stating whether Tenant shall be deemed to have admitted is in default hereunder, and if so the accuracy nature of the information provided by Landlordsuch defaults.

Appears in 1 contract

Samples: Lease Agreement (Dm Management Co /De/)

Estoppel Certificates. Tenant shall, from From time to time, upon written request of Tenant agrees to furnish to Landlord, executeLandlord's Mortgagee or any third party designated by Landlord, acknowledge and deliver to within ten (10) business days after Landlord or its designee has made a request, a written statement specifying estoppel certificate signed by Tenant or an authorized signatory of Tenant in the followingform attached as EXHIBIT D, subject confirming and certifying to any modifications necessary such party, as of the date of such estoppel certificate, to make such statements true and complete: the extent factual or known, (i) the total rentable square footage that Tenant is in possession of the Premises; , (ii) the date the that this Lease term commenced is unmodified and the date it expires; in full force and effect (iii) the amount of minimum monthly Rent and the date to which such Rent has or if there have been paid; (iv) modifications, that this Lease is in full force and effect as modified and setting forth such modification); (iii) that Tenant has not no offsets, claims or defenses against Rent or the enforcement of any right or remedy of Landlord, or any duty or obligation of Tenant under this Lease (and, if so, specifying the same in detail); (iv) the dates through which Base Rent and Additional Rent have been assigned, modified, supplemented or amended in any waypaid; (v) that Tenant has no knowledge of any then uncured defaults on the part of Landlord under this Lease represents (or if Tenant has knowledge of any such uncured defaults, specifying the entire agreement between the partiessame in detail); (vi) that all obligations under Tenant having made due investigation has no knowledge of any event having occurred that authorizes the termination of this Lease to be performed by either party have been satisfied; Tenant (or if Tenant has such knowledge, specifying the same in detail): (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement amount of this Lease any Security Deposit held by Landlord; (viii) the amount of Rentthat there are no actions, if anywhether voluntary or otherwise, that Tenant paid in advancepending against Tenant; and (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all other matters reasonably requested by Landlord or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning party. If Tenant fails to deliver the Lease or the Premises as Landlord may reasonably request. estoppel certificate described above within such ten (10) business day period, Tenant acknowledges and agrees that any statement delivered pursuant Landlord is authorized to this Section may be relied upon by a prospective purchaser act as Tenant's attorney-in-fact to execute the estoppel certificate on behalf of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this SectionTenant, Landlord may provide the statement and Tenant shall will be deemed to have admitted bound by the accuracy terms of the information provided estoppel certificate prepared and executed by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Hotjobs Com LTD)

Estoppel Certificates. Tenant shall, agrees that at any time and from time to time, time upon not less than ten (10) days’ prior written request of Landlord, notice from the Landlord to execute, acknowledge and deliver a statement in writing addressed and certifying to Landlord or its designee a written statement specifying the following, subject and to any modifications necessary current or prospective Mortgagee, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; property, and to any other party designated by Landlord (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iva) that this Lease is unmodified and in full force and effect (or if there have been modifications; (b) that the same is in full force and effect as modified and stating the modifications); that Tenant has not accepted possession of the Premises, which are, to Tenant’s knowledge, acceptable in all respects, and that any improvements required by the terms of this lease to be made by Landlord have been assigned, modified, supplemented or amended in any waycompleted to the satisfaction of Tenant; (vc) that this Lease represents Tenant is in full occupancy of the entire agreement between the partiesPremises; (vid) that all obligations under this Lease to be performed by either party have no Fixed Rent has been satisfied; paid more than thirty (vii30) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid days in advance; (ixe) that Tenant is not entitled to free rent or other concessions except as stated in this Lease; (f) that the Fixed Rent, Additional Rent and other charges payable by Tenant under this Lease are as set forth in the certificate; (g) the amount of security that dates to which Fixed Rent, Additional Rental and other charges payable by Tenant deposited with Landlordunder this Lease have been paid; (xh) if Tenant has sublet all or a portion that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against obligations due from Tenant to purchase the PremisesLandlord; and (xiii) that to the best of Tenant’s knowledge and belief neither Landlord nor Tenant is not in default in performance of any covenant, agreement or condition contained in this Lease. If Tenant believes that facts exist which prevent it from truthfully making any of the foregoing statements, Tenant will set forth such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any facts in its certificate Any such statement delivered pursuant to this Section Article may be relied upon by a Landlord or any mortgagee, prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail other party to respond within ten (10) days to Landlord's request for the statement whom it is addressed and such statement, if required by this Sectionits addressee, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordso specifically state.

Appears in 1 contract

Samples: Lease (Colt Finance Corp.)

Estoppel Certificates. Tenant shall, Within ten days following any written request which Landlord may make from time to time, upon written request of Landlord, execute, acknowledge Tenant shall execute and deliver to Landlord or its designee any prospective Landlord or mortgagee or prospective mortgagee a written sworn statement specifying the following, subject to any modifications necessary to make such statements true and completecertifying: (i) the total rentable square footage of the Premises; (iia) the date the Lease term commenced and the date it expires; of commencement of this Lease, (iiib) the amount of minimum monthly Rent fact that this Lease is unmodified and the date to which such Rent has in full force and effect (or, if there have been paid; (iv) modifications hereto, that this Lease is in full force and effect and has not been assignedeffect, as modified, supplemented or amended in any way; and stating the date and nature of such modification), (vc) that this Lease represents the entire agreement between date to which the parties; (vi) that all obligations rent and other sums payable under this Lease to be performed by either party have been satisfied; paid, (viid) the fact that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of current defaults under this Lease by Landlord; (viii) the amount of Renteither Landlord or Tenant except as specified in tenant's statement, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such e)such other factual matters concerning the Lease or the Premises as requested by Landlord. Landlord may reasonably request. and Tenant acknowledges and agrees intend that any statement delivered pursuant to this Section Article may be relied upon by a prospective any mortgagee, beneficiary or purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed liable for all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any material misstatement contained in such estoppel certificate. Tenant hereby irrevocably appoints Landlord or if Landlord is a trust, Landlord's beneficiary or agent, as attorney-in-fact for the Tenant with full power and authority to have admitted execute and deliver in the accuracy name of Tenant such estoppel certificate if Tenant fails to deliver the same within such ten day period and such certificate as signed by Landlord, Landlord's beneficiary or agent, as the case may be, shall be fully binding on Tenant, if Tenant fails to deliver a contrary certificate within five days after receipt by Xxxxxx of a copy of the information provided certificate executed by Landlord, Xxxxxxxx's beneficiary or agent, as the case may be, on behalf of Xxxxxx.

Appears in 1 contract

Samples: Infiniti Solutions LTD

Estoppel Certificates. Tenant shall, from time to time, upon written request within fifteen (15) days of Landlord’s written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Base Rent, Additional Rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant’s improvements have been received (vii) or specifying any such contributions that have not been received); that to Tenant’s knowledge, following reasonable investigation and inquiry, there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; that no Base Rent or Additional Rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; that no security has been deposited with Landlord (ix) or, if so, the amount thereof) other than the Security Deposit; or any other customary factual matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be reasonably required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building, or a portion purchaser of the Premises or assigned its interest Building, which written statement shall, to the extent the certifications required to be made therein are true and correct as of such time, be in substantially the Lease same form as Exhibit F attached hereto and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestmade a part hereof by this reference. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's ’s interest or a mortgagee of Landlord’s interest or assignee of any mortgage or new mortgagee of upon Landlord's ’s interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten fifteen (1015) days after receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee consistent with the information provided by Landlordterms of the estoppel so requested.

Appears in 1 contract

Samples: Deed of Lease (Alliance Bankshares Corp)

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than fourteen (14) days’ prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month’s Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord’s or a portion any predecessor landlord’s interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant’s behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Office Lease (All American Pet Company, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten (10) business days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Rent Base Rent, additional rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing (or identifying any such other agreements); (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on the date of such certificate there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by Landlordthe Landlord (or specifying any such defenses or offsets); that no Rent has been paid more than one (viii1) month in advance (or, if so, the amount of Rentthereof); that no security has been deposited with Landlord (or, if anyso, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlordthereof); (x) if Tenant has sublet all or a portion and/or any other matters evidencing the status of the Premises Lease as may be required either by a lender or assigned its prospective lender with respect to any loan to Landlord secured or to be secured by a deed of trust or mortgage against the Building, or by a purchaser or prospective purchaser of the Building, Landlord's interest therein or Landlord's ownership interests, which written statement shall be in substantially the Lease same form as EXHIBIT G attached hereto and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestmade a part hereof by this reference. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten (10) business days to Landlord's after receipt by Tenant of a written request for the statement required by this SectionLandlord as herein provided, Landlord may provide the statement and Tenant shall be deemed to have admitted executed and delivered such certificate in the accuracy of the information provided form tendered by LandlordLandlord to Tenant for execution.

Appears in 1 contract

Samples: MCK Communications Inc

Estoppel Certificates. Tenant shallagrees on the Term Commencement Date, and from time to time, time thereafter upon not less than fifteen (15) days prior written request of by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing, certifying that to the best of its knowledge this Lease is unmodified and in full force and effect; that Tenant has no defenses, offsets or counterclaims against its designee a written statement specifying obligations to pay the followingBase Rent, subject to any modifications necessary to make such statements true as adjusted, and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Additional Rent and the date to which such Rent has perform its other covenants under this Lease; that there are no uncured defaults of Landlord or Tenant under this Lease (or, if there have been paid; (iv) any modifications, that this Lease is in full force and effect as modified and has not stating the modifications, and if there are any defenses, offsets, counterclaims, or defaults, setting them forth in reasonable detail); and the dates to which the Base Rent, as adjusted, Additional Rent and other charges have been assignedpaid. Not withstanding anything contained herein, modified, supplemented or amended Tenant shall only execute and deliver such statement that in any way; its form and content is true and accurate as of the date of delivery thereof. Failure of Tenant to so execute and deliver said documents within ten (v10) that this Lease represents the entire agreement between the parties; days of Landlord's written demand notice subsequent to Landlord's initial fifteen (vi15) that all obligations day prior written request shall constitute a default under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) Lease. Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section 10.13 may be relied upon by a any prospective purchaser or mortgagee of Landlord's interest property which include the Premises or any prospective assignee of any mortgage or new mortgagee of Landlord's interest in the Premisessuch mortgagee. If Tenant shall fail Likewise, Landlord agrees from time to respond within ten time upon not less than fifteen (1015) days prior written notice by Tenant, to Landlord's request for the execute, acknowledge and deliver to Tenant a similar statement in writing to serve as an estoppel certificate covering such matters as are reasonably required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordin its business operations.

Appears in 1 contract

Samples: Lease Agreement (Pharmaceutical Product Development Inc)

Estoppel Certificates. (a) Tenant shallagrees, at any time and from time to time, upon not less than thirty (30) days’ prior written request of notice by Landlord, to execute, acknowledge and deliver to Landlord or its designee to such person(s) as may be designated by Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage certifying that Tenant is in possession of the Premises; , has unconditionally accepted the same and is currently paying the rents reserved hereunder, (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and has stating the modifications), (iii) stating the Rent Commencement Date and the dates to which the rent and other charges hereunder have been paid by Tenant and (iv) stating whether or not been assignedto the best knowledge of Tenant, modifiedLandlord is in default in the performance of any covenant, supplemented agreement or amended condition contained in this Lease, and, if so, specifying each such default of which notices to Landlord should be sent. If Tenant fails to execute and returns any way; such agreement to Landlord within such thirty (v30) that this Lease represents day period, then, in addition to Landlord’s other rights and remedies in the entire agreement between case of default, Landlord shall be entitled to treat the parties; information contained in such estoppel certificate as being admitted as true and correct by Tenant, and such information shall be fully binding on Tenant as if Tenant had executed such certificate Landlord shall be entitled to collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Base Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-half of one percent (vi1/2%) that all obligations of the then amount of Base Rent then payable under this Lease Lease, for each day Tenant delays in returning the requested agreement to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) . Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section hereto may be relied upon by a any owner, prospective purchaser purchaser, mortgagee or prospective mortgagee of the Building or of Landlord's ’s interest therein, or any prospective assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch mortgagee.

Appears in 1 contract

Samples: Office Lease (Broadsoft Inc)

Estoppel Certificates. Tenant shall, from time to time, upon Within ten (10) business days after receipt of written request of from Landlord, execute, acknowledge and Tenant shall deliver to Landlord or its designee a written statement specifying estoppel certificate, in form supplied by or reasonably acceptable to Landlord, certifying to the following, subject to any modifications necessary to make such statements true and complete: extent accurate that (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) 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); (ii) the Term of the Lease has not commenced and the full rental is now accruing hereunder; (iii) Tenant has accepted possession of the Premises and is presently occupying the same; (iv) all improvements required by the terms of the Lease to be made by Landlord have been assigned, modified, supplemented or amended completed and all tenant improvement allowances have been paid in any wayfull; (v) that this Lease represents there are no offsets, counterclaims, abatements or defenses against or with respect to the entire agreement between payment of any rent or other charges due under the partiesLease; (vi) that all obligations no rent under this the Lease to be performed by either party have has been satisfiedpaid more than thirty (30) days in advance of its due date; (vii) that there are no existing claimsto the actual knowledge of the Tenant, defenses Landlord is not in default in the performance of any covenant, agreement, provision or offsets condition contained in the Lease or, if so, specifying each such default of which the Tenant has against the enforcement of this Lease by Landlordmay have knowledge; (viii) the amount of Rent, if any, that Tenant paid in advanceaddress for notices to be sent to Tenant; (ix) the amount of only security that deposit tendered by Tenant deposited with is as set forth in the Lease, and such security deposit has been paid to Landlord; and (x) if Tenant has sublet all any other information requested by Landlord or a portion any mortgagee or ground lessor of the Premises or assigned its interest in Building and/or the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees Land it being intended that any such statement delivered pursuant to this Section hereto may be relied upon by a any prospective purchaser or lessee of Landlord's interest the Building or any part thereof, any mortgagee or prospective mortgagee thereof, any prospective assignee of any mortgage thereof, any ground lessor or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy prospective ground lessor of the information provided by LandlordLand and/or the Building, or any prospective assignee of any such ground lease.

Appears in 1 contract

Samples: Lease Agreement (Dova Pharmaceuticals, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying stating: the followingdate this Lease was executed; the Initial Term Commencement Date, subject to any modifications necessary to make such statements true and complete: (i) as well as the total rentable square footage date of Initial Term expiration; the date Tenant entered into occupancy of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent rental and the date to through which such Rent rental has been paid; (iv) and certifying: that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date of the agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that whether all obligations conditions under this Lease to be performed by either party Landlord have been satisfied; (vii) that whether all required contributions by Landlord to Tenant on account of Tenant's improvements have been received; whether on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant and whether more than one month's rental has been paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or a mortgage of Landlord's interest or assignee of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten (10) 10 days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee, that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by Landlordsecurity deposit is as stated in this Lease, and that not more than one month's rental has been paid in advance.

Appears in 1 contract

Samples: Office Building Lease (Coinstar Inc)

Estoppel Certificates. Tenant shall, Sublessee shall at any time and from time to time, time upon not less than ten (10) days prior written request of Landlord, from Sublessor execute, acknowledge and deliver to Sublessor, in form reasonably satisfactory to Sublessor, Prime Landlord and Prime Landlord’s Mortgagee, or its designee beneficiary under any trust deed a written statement specifying certifying that Sublessee has accepted the followingSublet Premises, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease Sublease 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 has stating the modifications; that the Sublessor is not been assigned, modified, supplemented or amended in any waydefault hereunder; (v) that this Lease represents the entire agreement between date to which the parties; (vi) that all obligations under this Lease to be performed by either party fees and other charges have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount if any; or such other accurate certification as may reasonably be required by Sublessor or Prime Landlord’s Mortgagee, or beneficiary under any trust deed, and agreeing to give copies to such mortgagee or beneficiary of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion notices by Sublessee to Sublessor. Any such statement delivered by Sublessee pursuant to this Subsection may be relied upon by any prospective purchaser of the Sublet Premises, mortgagee or the beneficiary under any trust deed on the Sublet Premises and their respective successors and assigns. Solely for purposes of issuance of financial statements, regulatory filings and real property financing by Sublessee or assigned its interest affiliates, Sublessor shall at any time and from time to time upon not less than ten (10) days prior written request from Sublessee execute, acknowledge and deliver to Sublessee, in form reasonably satisfactory to Sublessee, a written statement certifying that Sublessee has accepted the Lease Sublet Premises, that this Sublease 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; that the Sublessee is not in default hereunder; the date to whomwhich the fees and other charges have been paid in advance; (xi) if Tenant has any option to extend the Lease any; or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises accurate certification as Landlord may reasonably requestbe required by Sublessee. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section Subsection may be relied upon by a prospective purchaser of Landlord's interest or assignee in connection with the issuance of any mortgage financial statements and regulatory filings and the lender in connection with any real property financing by Sublessee or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordits affiliates.

Appears in 1 contract

Samples: Sublease (Inland Western Retail Real Estate Trust Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written --------------------- request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: stating (i) the total rentable square footage of the Premises; (ii) the date the this Lease term commenced was executed and the date it expires; (ii) the date Tenant entered into occupancy of the Demised Premises; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or stating otherwise); (v) that this Lease represents the entire agreement between the partiesparties and to this leasing (or stating otherwise); (vi) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfiedsatisfied (or stating otherwise); (vii) that on the specified date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by LandlordLandlord (or stating otherwise); (viii) the amount of Rent, if any, that Tenant no Rent has been paid in advance; (ix) that any concession or payment given Tenant by Landlord has been fully performed as of the amount date of security that Tenant deposited with Landlordsuch certificate; and (x) if any other requested matter affecting this Lease and any statements by Tenant has sublet all or a portion affecting the correctness of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestrequested statements. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section Paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by LandlordSecurity Deposit is as stated in this Lease, and that not more than one month's Rent has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Cdnow N2k Inc)

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days’ prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Project, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, that this Lease is unmodified and in full force and effect (of if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no Base Rent or Rent Adjustments has been paid more than thirty (30) days in advance; (ix) that the amount of security first or current month’s Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord’s or a portion any predecessor landlord’s interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any term, covenant, or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as Landlord may reasonably requestor, if so, specifying each such default. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in and such statement, may so specifically state and; such other matters as the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord requesting party may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordreasonably request.

Appears in 1 contract

Samples: Office Lease (McData Corp)

Estoppel Certificates. Tenant shall, from time to time, upon the written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (iia) the date the this Lease term commenced was executed and the date it expires; (iiib) the date tenant entered into occupancy of the Premises; (c) the amount of minimum monthly Base Rent and Additional Rent and the date to which such Base Rent has and Additional Rent have been paid; and (ivd) certifying that (1) this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date of the agreement so affecting this Lease); (v2) Landlord is not in breach of this Lease (or, if so, a description of each such breach) and that no event, omission or condition has occurred which would result, with the giving of notice or the passage of time, in a breach of this Lease by Landlord; (3) this Lease represents the entire agreement between the partiesparties with respect to the Premises; (vi4) that all obligations under this Lease required contributions by Landlord to be performed by either party Tenant on account of Tenant Improvements have been satisfiedreceived; (vii5) that on the date of execution, there are exist no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (viii6) no Base Rent, Additional Rent or other sums payable under this Lease have been paid in advance except for Base Rent and Additional Rent for the then current month; (7) no security has been deposited with Landlord (or, if so, the amount of Rent, if any, that Tenant paid in advancesuch security); (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees 8) it is intended that any Tenant's statement delivered pursuant to this Section may be relied upon by a prospective purchaser or mortgagee of Landlord's interest or an assignee of any mortgage or new mortgagee of such mortgagee; and (9) such other information as may be reasonably requested by Landlord's interest in the Premises. If Tenant shall fail fails to respond within ten five (105) days to Landlord's Business Days of its receipt of a written request for the statement required by Landlord as provided in this Sectionparagraph, Landlord may provide the statement such shall be a breach of this Lease and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by Landlord.Landlord to a prospective purchaser, mortgagee or assignee. 4.18

Appears in 1 contract

Samples: Agave Corporate Center (Dynamic Biometric Systems, Inc.)

Estoppel Certificates. Tenant shall, from time to time, upon written request of by Landlord, execute, acknowledge execute and deliver to Landlord or its designee Landlord, within ten (10) days, a written statement specifying the following, subject to any modifications necessary to make such statements true and completedeclaration in recordable form: (ia) the total rentable square footage of the Premisesratifying this Lease; (iib) expressing the date the Lease term commenced Commencement and the date it expiresExpiration Dates thereof; (iiic) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way(except by such writings as shall be stated); (v) that this Lease represents the entire agreement between the parties; (vid) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfied; (viie) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord, or stating those claimed by Tenant; (viiif) the amount of Rentadvance rental, if any, that Tenant (or none if such is the case) paid in advanceby Tenant; (ixg) the date to which Base Rent and Additional Rent has been paid; and (h) the amount of security that Tenant deposited with LandlordLandlord;(i) whether all work to be performed by Landlord has been completed; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xiij) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon reasonably requested by a prospective purchaser of Landlord. Such declaration shall be executed and delivered by Tenant from time to time as may be requested by Landlord. Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant lenders and/or purchasers shall be deemed entitled to have admitted rely upon same. I Tenant falls to execute and deliver to the accuracy Landlord a completed certificate as required under this section the Tenant hereby appoints the Landlord as his attorney-in-fact to execute and deliver such certificate for and on behalf of the information provided by LandlordTenant.

Appears in 1 contract

Samples: Letter Constitutes Amendment No. 1 (Iwo Holdings Inc)

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon not less than five (5) days prior written request of notice by Landlord, to execute, acknowledge and deliver to Landlord or its designee to such person(s) as may be designated by Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage certifying that Tenant is in possession of the Premises; , has unconditionally accepted the same and is currently paying the rents reserved hereunder, (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and has stating the modifications), (iii) stating the Rent Commencement Date and the dates to which the rent and other charges hereunder have been paid by Tenant and (iv) stating whether or not been assignedto the best knowledge of Tenant, modifiedLandlord is in default in the performance of any covenant, supplemented agreement or amended condition contained in this Lease, and, if so, specifying each such default of which notices to Landlord should be sent. If Tenant fails to execute and return any way; such agreement to Landlord within such five (v5) that this Lease represents day period, then Landlord shall be entitled to collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Base Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-half of one percent (1/2%) of the entire agreement between the parties; (vi) that all obligations then amount of Base Rent then payable under this Lease Lease, for each day Tenant delays in returning the requested agreement to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) . Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section hereto may be relied upon by a any owner, prospective purchaser purchaser, mortgagee or prospective mortgagee of the Building or of Landlord's ’s interest therein, or any prospective assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch mortgagee.

Appears in 1 contract

Samples: Space Office Lease (Pressure Biosciences Inc)

Estoppel Certificates. Tenant shall, without charge, at any time and from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days after receipt of request by Landlord, execute, acknowledge, and deliver to Landlord a written estoppel certificate, in form and substance as may be determined by Landlord, certifying to Landlord's request for , its Mortgagees, any purchaser of Landlord’s interest in the statement Building, or any other person designated by Landlord, as of the date of such estoppel certificate, the following: (i) whether Tenant is in possession of the Leased Premises; (ii) whether this Lease is in full effect; (iii) whether there have been any amendments to this Lease, and if so, specifying such amendments; (iv) whether there are then existing any set-off or defenses against the enforcement of any rights under this Lease, and if so, specifying such matters in detail; (v) the dates, if any, to which any rent or other charges have been paid in advance and the amount of any Security Deposit held by Landlord; (vi) that Tenant has no knowledge of any then existing defaults of Landlord under this Lease, or if there are such defaults, specifying them in detail; (vii) that Tenant has now knowledge of any event having occurred that authorizes that authorizes the termination of the Lease by Tenant, or if such event has occurred, specifying it in detail; (viii) the address to which notices to Tenant under this Lease should be sent; and (ix) such other items and matters as may be required by Landlord or Landlord’s Mortgagees. Any such certificate may be relied upon by the person or entity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of Tenant to execute, acknowledge, and deliver such a certificate in accordance with this SectionSection 26 within ten (10) days after a request by Landlord shall constitute an acknowledgment by Tenant, which may be relied on by any person who would be entitled to rely upon any such certificates, that such certificate as submitted by Landlord may provide the statement and to Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordis correct.

Appears in 1 contract

Samples: Lease Agreement (Quality Systems Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord Landlord, or its designee designee, a written statement certificate of Tenant stating: (a) that Tenant has accepted the Premises (or if Tenant has not done so, that Tenant has not accepted the Premises and specifying the following, subject to any modifications necessary to make such statements true and complete: reasons therefor); (ib) the total rentable square footage Commencement and Expiration Dates of the Premisesthis Lease; (iic) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent under this Lease has been paid; (ivd) that this Lease is in full force and effect and has not been assignedmodified (or if there have been modifications, modified, supplemented or amended in any way; (v) that this Lease represents is in full force and effect as modified and stating the entire agreement between the partiesmodifications); (vie) that all whether or not there are, to Tenant's knowledge, then existing any defaults by the Landlord in the performance of its obligations under this Lease to be performed by either party have been satisfied(and if so, specifying the same); (viif) that whether or not there are no then existing claims, any defenses or offsets which the Tenant has against the enforcement of any obligations of Tenant under this Lease by Landlord(and if so, specifying the same); (viiig) the amount of Rent, the security and prepaid Rent (if any, ) that Tenant paid in advance; (ix) the amount of security that Tenant has been deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xiih) such any other factual matters concerning the Lease or the Premises as Landlord may reasonably requestinformation requested. Tenant acknowledges and agrees It is agreed that any statement such certificate delivered pursuant to this Section 20 may be relied upon by a prospective purchaser of Landlord's interest or assignee a mortgagee of any mortgage or new mortgagee part of Landlord's interest in the PremisesProperty, or an assignee of any mortgagee upon any part of the Landlord's interest in the Property. If Tenant shall fail to respond within ten five (105) days to Landlord's after receipt by Tenant of a written request for the statement required by this SectionLandlord as herein provided, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to such prospective purchaser, mortgagee or assignee.

Appears in 1 contract

Samples: Office Lease Agreement (Fine Com Corp)

Estoppel Certificates. The Tenant shall, shall from time to time, upon not less than fifteen (15) days’ prior written request of by the Landlord, execute, acknowledge and deliver to the Landlord a statement in writing certifying to the Landlord or its designee an independent third party, with a written statement specifying true and correct copy of this Lease attached thereto, together with all amendments thereto, to the following, subject to any modifications necessary to make extent such statements continue to be true and complete: accurate, (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications); (ii) that the Tenant has not no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Annual Fixed Rent and Additional Rent and to perform its other covenants under this Lease (or if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) that there are no known uncured defaults of the Landlord or the Tenant under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the dates to which the Annual Fixed Rent, Additional Rent and other charges have been assigned, modified, supplemented or amended in any waypaid; (v) that the Tenant has accepted, is satisfied with, and is in full possession of the Premises, including all improvements, additions and alterations thereto required to be made by Landlord under the Lease (except to the extent stated); (vi) that the Landlord has satisfactorily complied with all of the requirements and conditions precedent to the occurrence of the Initial Rent Commencement Date and the Delayed Rent Commencement Date (except to the extent stated); (vii) that the Tenant has been in occupancy of all of the Premises since the Delayed Rent Commencement Date and paying rent since the specified dates (except to the extent stated); (viii) that no monetary or other considerations, including, but not limited to, rental concessions for Landlord, special tenant improvements or Landlord’s assumption of prior lease obligations of Tenant have been granted to Tenant by Landlord for entering into Lease (except as set forth in this Lease or as otherwise specified in such estoppel); (ix) that the Tenant has no notice of a prior assignment, hypothecation, or pledge of rents or of the Lease (except to the extent stated); (x) that the Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease Landlord and to whomTenant; (xi) if that any notice to Tenant has any option to extend the Lease may be given it by certified or option to purchase registered mail, return receipt requested, or delivered, at the Premises, or at another address specified; and (xii) such factual other factual matters concerning with respect to the Tenant and this Lease or as the Premises as Landlord may reasonably request. On or following the Delayed Rent Commencement Date, the Tenant acknowledges shall, within ten (10) days after receipt of Landlord’s request therefor, promptly execute, acknowledge and agrees deliver to the Landlord a statement in writing that any the Initial Rent Commencement Date and the Delayed Rent Commencement Date have occurred, that the Annual Fixed Rent has begun to accrue with respect thereto, and that the Tenant has taken occupancy of the Premises. Any statement delivered pursuant to this Section may be relied upon by a any prospective purchaser purchaser, mortgagee, trustee or ground lessor of Landlord's the Premises or any interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Sectiontherein, Landlord may provide the statement and Tenant shall be deemed to have admitted binding on the accuracy of the information provided by LandlordTenant.

Appears in 1 contract

Samples: Lease (Exicure, Inc.)

Estoppel Certificates. Tenant shall, Within ten (10) business days following any written request that Landlord may make from time to time, upon written request of Landlord, execute, acknowledge Tenant shall execute and deliver to Landlord and/or any prospective mortgagee or its designee purchaser designated by Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and completecertifying: (i) the total rentable square footage of the Premises; (iia) the date of commencement of this Lease; (b) the fact that this Lease term commenced is unmodified and in full force and effect (or, if there have been modifications hereto, that this Lease is in full force and effect, and stating the date it expiresand nature of such modifications); (iiic) the amount of minimum monthly Rent and the date to which such Rent has the rental and other sums payable under this Lease have been paid; (ivd) that there are no current default under this Lease by Landlord except as specified in such statement; and (e) such other matters as may be reasonably requested. Landlord and Tenant intend that any statement delivered by Tenant pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser, or prospective purchaser of the Premises or any interest therein. Tenant’s failure to deliver such statement within such time (x) shall be conclusive upon Tenant (i) that this Lease is in full force and effect and has not been assignedeffect, modifiedwithout modification except as may be represented by Landlord, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (viiii) that there are no existing claimsuncured defaults in the Landlord’s performance, defenses or offsets which the Tenant and (iii) that no more than one month’s rental has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant been paid in advance; , and (ixy) the amount at Landlord’s election, shall constitute an Event of security that Tenant deposited with Landlord; (x) if Tenant has sublet all Default hereunder. If Landlord desires to finance or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase refinance the Premises; and (xii) such other factual matters concerning the Lease , or the Premises as Landlord may reasonably request. any part thereof, Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond shall, within ten (10) business days following Landlord’s request therefor, deliver to Landlord's request any lender designated by Landlord an unaudited balance sheet and profit and loss statement of Tenant. All such information shall be received in confidence and shall be used only for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordpurpose herein set forth.

Appears in 1 contract

Samples: Lease Agreement (ACON S2 Acquisition Corp.)

Estoppel Certificates. 35.1 Tenant shall, from time to time, upon within twenty (20) days after Landlord's written request of Landlordrequest, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Rent Base Rent, additional rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease (a complete copy of which, together with all future amendments or supplements thereto, may be attached to such certificate) represents the entire agreement between the partiesparties as to this leasing (or identifying any such other agreements); (vi) that that, to Tenant's knowledge, all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on the date of such certificate there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by Landlordthe Landlord (or specifying any such defenses or offsets); that no Rent has been paid more than one (viii1) month in advance (or, ifso, the amount of Rentthereot); that no security has been deposited with Landlord (or, if anyso, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlordthereot); (x) if Tenant has sublet all or a portion and/or any other matters evidencing the status of the Premises Lease as may be required either by a lender or assigned its prospective lender with respect to any loan to Landlord secured or to be secured by a deed of trust or mortgage against the Building, or by a purchaser or prospective purchaser of the Building, Landlord's interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease therein or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestLandlord's ownership interests. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of LandlordLandlord 's interest or a mortgagee of Landlord 's interest or assignee of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten twenty (1020) days to Landlord's after receipt by Tenant of a written request by Landlord as herein provided, and sudh failure continues for an additional period of three (3) business days after Landlord sends Tenant a second written request for such estoppel certificate which indicates on its face that the statement required failure to rcl,pond to such second request within three (3) business days shall result in Tenant being deemed to have executed and delivered such certificate in the form tendered by this SectionLandlord to Tenant for execution, Landlord may provide the statement and then Tenant shall thereupon be deemed to have admitted executed and delivered such certificate in the accuracy form tendered by Landlord to Tenant for execution. . , 35.2 Landlord shall, from time to time, within twenty (20) days after Tenant's written request in connection with any bonafide third party transaction in which such certificate is required by one of the information provided by parties, execute, acknowledge and deliver to Tenant or its designee a written statement stating: the date the Lease was executed and the date it expires; the amount of Base Rent, additional rent and other charges due hereunder and the date to which such amounts have been paid; that to Landlord.'s knowledge (without special investigation), this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (or specifying the date and terms of any agreement so affecting this Lease); that this Lease (a complete copy of which, together with 61

Appears in 1 contract

Samples: Lease (OMNICELL, Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days after request from Landlord, deliver to any proposed mortgagee or purchaser of all or any part of the Property, in recordable form, a certificate certifying and covenanting any and all information requested, including, but not limited to, the following: (a) the date of this Lease, the date when the Term of this Lease commenced, the date of the expiration of the Term, and the date when Base Rent and Additional Rent commenced to accrue hereunder; (b) that this Lease is unmodified, not amended, and in full force and effect; or, if there have been any amendments or modifications, that the Lease is in frill force and effect as so amended or modified and stating the amendments or modifications and the dates thereof; (c) whether or not there are, to the best of Tenant's knowledge, then existing any setoffs or defenses against the enforcement of any of the terms and/or conditions of this Lease and any amendments or modifications hereof on the part of Tenant to be performed, and, if so, specifying the same; (d) the dates, if any, to which the Base Rent, the Additional Rent and other sums on Tenant's part to be paid hereunder have been paid and/or paid in advance; and (e) that Tenant has accepted the Leased Property in the condition then existing and in accordance with the Lease, or Tenant will specify any particular items which Tenant has not accepted. If Landlord shall submit to Tenant a proposed instrument containing any of the foregoing information, then, if Tenant shall fail to respond to Landlord's request for confirmation of the statement required by this Sectioninformation set forth therein within twenty (20) days after receipt of such document from Landlord any information contained in such proposed instrument shall be deemed to be true, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy waived any rights accruing by reason of the information provided by Landlordany inaccuracy in such proposed instrument. Further, Tenant's failure or refusal to execute and deliver such certificate within such twenty (20) day period shall constitute a default under this Lease.

Appears in 1 contract

Samples: Lease (Phoenix Md Realty LLC)

Estoppel Certificates. Tenant shall, from time to time, time upon written request of Landlord, execute, acknowledge and deliver to Landlord or its Landlord's designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the of this Lease term commenced was executed and the date it expires; (iii) the date Tenant entered into occupancy of the Premises; the amount of minimum monthly Basic Rent and Additional Rent and the date to which such Rent has been paid; and certifying (iv) to the extent that the same is true and correct): that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date of agreement so effecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations any conditions under this Lease to be performed by either party Landlord have been satisfied; (vii) that any required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant no Rent has been paid in advance; (ix) and stating the amount of security that Tenant deposited with the Security Deposit paid to Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section may be relied relief upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesProperty. If Tenant shall fail to respond within ten (10) business days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchase or mortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance;, that the information provided by LandlordSecurity Deposit is as stated in this Lease and that not more than one month's Rent has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Software Spectrum Inc)

Estoppel Certificates. Tenant shallwill, from time to time, upon written following any request of by Landlord, execute, acknowledge promptly execute and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: an estoppel certificate (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) 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 and has not been assignedeffect, modified, supplemented or amended in any way; (vii) that this Lease represents stating the entire agreement between the parties; (vi) that all obligations under this Lease date to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rentrent and other charges are paid in advance, if any, (iii) acknowledging that Tenant paid in advance; there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (ixiv) the amount of security that Tenant deposited with certifying such other information about this Lease as may be reasonably requested by Landlord; (x) if Tenant has sublet all , its Lender or a portion prospective lenders, investor or purchaser of the Premises Building or assigned its interest the Property. Tenant’s failure to execute and deliver such estoppel certificate within ten business days after Landlord’s request therefor shall be a material default by Tenant under this Lease, and Landlord shall have all of the rights and remedies available to Landlord as Landlord would otherwise have in the case of any other material default by Tenant, including the right to terminate this Lease and xxx for damages proximately caused thereby, it being agreed and understood by Tenant that Tenant’s failure to whom; (xi) if so deliver such estoppel certificate in a timely manner could result in Landlord being unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Landlord and Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees intend that any statement delivered pursuant to this Section Article may be relied upon by a any Lender or purchaser or prospective Lender or purchaser of Landlord's the Building, the Property, or any interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesherein. If Landlord shall deliver an estoppel certificate to Tenant shall fail to respond within ten (10) business days to Landlord's of receipt of a written request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordfrom Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon not less than seven (7) business days prior written request of notice by Landlord, to execute, acknowledge and deliver to Landlord or its designee to such person(s) as may be designated by Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage certifying that Tenant is in possession of the Premises; , has unconditionally accepted the same and is currently paying the rents reserved hereunder, (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and has stating the modifications), (iii) stating the Rent Commencement Date and the dates to which the rent and other charges hereunder have been paid by Tenant and (iv) stating whether or not been assignedto the best knowledge of Tenant, modifiedLandlord is in default in the performance of any covenant, supplemented agreement or amended condition contained in this Lease, and, if so, specifying each such default of which notices to Landlord should be sent. If Tenant fails to execute and return any way; such agreement to Landlord within such five (v5) that this Lease represents day period, then Landlord shall be entitled to collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Base Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-half of one percent (1/2%) of the entire agreement between the parties; (vi) that all obligations then amount of annual Base Rent then payable under this Lease Lease, for each day Tenant delays in returning the requested agreement to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) . Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section hereto may be relied upon by a any owner, prospective purchaser purchaser, mortgagee or prospective mortgagee of the Building or of Landlord's ’s interest therein, or any prospective assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch mortgagee.

Appears in 1 contract

Samples: Office Lease (Panacos Pharmaceuticals, Inc.)

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Estoppel Certificates. Tenant shallagrees to furnish no later than fifteen (15) days after a request therefor by Landlord, from time to timeor the holder or proposed or prospective holder of any deed of trust or mortgage covering the Building, upon written request the Land, or any interest of Landlord therein or any purchaser of Landlord's interest in the Building, execute, acknowledge and deliver a certificate signed by Tenant certifying (to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (ivextent same is true) that this Lease is in full force and effect and unmodified; that the Term has not been assigned, modified, supplemented or amended in commenced and the full Rental is then accruing hereunder; that Tenant has accepted possession of the Premises and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; that no Rental under this Lease has been paid more than thirty (vii30) days in advance of its due date; that there are 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); that Tenant, as of the date of such certificate, has no existing claimsknowledge of any charge, defenses lien, or offsets which the claim of offset under this Lease or otherwise against Rentals or other charges due or to become due hereunder; that Tenant has against the enforcement no knowledge of any default by Landlord then existing under this Lease Lease; and such other matters as may be reasonably requested by Landlord; (viii) the amount Landlord or any such holder or proposed or prospective holder of Rentsuch deed of trust, if any, that or mortgage or purchaser. If Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all is unable to so certify as to one or a portion more of the Premises or assigned foregoing items, Tenant shall specify its interest reason therefor in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) certificate. Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section certificate may be relied upon by any prospective purchaser, mortgagee, or any beneficiary or proposed or prospective holder under any deed of trust on the Building or the Land or any part thereof. Landlord agrees to furnish periodically, when reasonably requested in writing by Tenant or a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of LandlordTenant's interest in this Lease, certificates signed by Landlord containing substantially the Premisessame information as described above. If Tenant shall fail to respond within ten (10) days to LandlordAny such certificate may be relied upon by any prospective assignee of Tenant's request for the statement required by interest in this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by LandlordLease.

Appears in 1 contract

Samples: Lease Agreement (Bioreliance Corp)

Estoppel Certificates. The Tenant shall, shall from time to time, upon not less than fifteen (15) days’ prior written request of by the Landlord, execute, acknowledge and deliver to the Landlord a statement in writing certifying to the Landlord or its designee an independent third party, with a written statement specifying true and correct copy of this Lease attached thereto, together with all amendments thereto, to the following, subject to any modifications necessary to make extent such statements continue to be true and complete: accurate, (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications); (ii) that the Tenant has not no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Annual Fixed Rent and Additional Rent and to perform its other covenants under this Lease (or if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) that there are no known uncured defaults of the Landlord or the Tenant under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the dates to which the Annual Fixed Rent, Additional Rent and other charges have been assigned, modified, supplemented or amended in any waypaid; (v) that the Tenant has accepted, and is in full possession of the Premises, including all improvements, additions and alterations thereto required to be made by Landlord under the Lease (except to the extent stated); (vi) that the Landlord has satisfactorily complied with all of the requirements and conditions precedent to the occurrence of the Commencement Date (except to the extent stated); (vii) that the Tenant has been in occupancy since the Commencement Date and paying rent since the specified dates (except to the extent stated); (viii) that no monetary or other considerations, including, but not limited to, rental concessions for Landlord, special tenant improvements or Landlord’s assumption of prior lease obligations of Tenant have been granted to Tenant by Landlord for entering into Lease (except as set forth in this Lease or as otherwise specified in such estoppel); (ix) that the Tenant has no notice of a prior assignment, hypothecation, or pledge of rents or of the Lease (except to the extent stated); (x) that the Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease Landlord and to whomTenant; (xi) if that any notice to Tenant has any option to extend the Lease may be given it by certified or option to purchase registered mail, return receipt requested, or delivered, at the Premises, or at another address specified; and (xii) such factual other factual matters concerning with respect to the Tenant and this Lease or as the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any Any statement delivered pursuant to this Section may be relied upon by any prospective purchaser, mortgagee, trustee or ground lessor of the Premises or any interest therein, and shall be binding on the Tenant. Landlord shall from time to time, upon not less than fifteen (15) days’ prior written request by the Tenant, execute, acknowledge and deliver to the Tenant a prospective purchaser statement in writing certifying to the Tenant or an independent third party, with a true and correct copy of Landlord's interest or assignee this Lease attached thereto, to the extent such statements continue to be true and accurate (i) that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications); (ii) that the Landlord has no knowledge of any mortgage defenses, offsets or new mortgagee counterclaims against its obligations to perform its covenants under this Lease (or if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) that there are no known uncured defaults of Landlord's interest the Tenant or the Landlord under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the dates to which the Annual Fixed Rent, Additional Rent and other charges have been paid; (v) that the Tenant is in full possession of the Premises. If Tenant shall fail ; (vi) that Landlord has no notice of a prior assignment of the Lease or sublease of space therein; (vii) that the Lease represents the entire agreement between Landlord and Tenant; (viii) that any notice to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide be given if by certified or registered mail, return receipt requested, or delivered to the Landlord’s address listed on Exhibit A, or at another address specified; and (xii) such other factual matters with respect to the Tenant and this Lease as the Tenant may reasonably request. Any statement delivered pursuant to this Section may be relied upon by any prospective assignee or sublessee of Tenant and Tenant shall be deemed to have admitted binding on the accuracy of the information provided by Landlord.

Appears in 1 contract

Samples: Lease (Agios Pharmaceuticals Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request within fifteen (15) days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date the Tenant entered occupancy of the Premises; the amount of minimum monthly Rent Rent, additional rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on this date there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by the Landlord; that no Rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; that no security has been deposited with Landlord (ix) or, if so. the amount thereof); or any other matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be reasonably required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building, or a portion purchaser of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestBuilding. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten fifteen (1015) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 1 contract

Samples: Ace Comm Corp

Estoppel Certificates. The Tenant shall, shall from time to time, upon not less than fifteen (15) days' prior written request of by the Landlord, execute, acknowledge and deliver to the Landlord or its designee a written statement specifying the followingcertification, subject to any modifications necessary to make such statements with a true and complete: correct copy of this Lease attached thereto, (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating the modifications); (ii) that the Tenant has not no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Annual Fixed Rent and Additional Rent and to perform its other covenants under this Lease (or if there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) that there are no known uncured defaults of the Landlord or the Tenant under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the dates to which the Annual Fixed Rent, Additional Rent and other charges have been assigned, modified, supplemented or amended in any waypaid; (v) that this Lease represents the entire agreement between Tenant has accepted and is in full possession of the partiesPremises (to the extent that the same is true) ; (vi) the Term, the Commencement Date, and any other relevant dates, and that all obligations under this Lease to be performed by either party have the Tenant has been satisfiedin occupancy since the Commencement Date and paying rent since the specified date; (vii) that there are that, except as set forth in this lease, no existing claimsmonetary or other considerations, defenses including, but not limited to, rental concessions, special tenant improvements or offsets which the Landlord's assumption of prior lease obligations of Tenant has against the enforcement of have been granted to Tenant by Landlord for entering into this Lease by LandlordLease; (viii) the amount of Rent, if any, that extent to which the Tenant paid has exercised the options set forth in advancethe Lease; and (ix) such other matters with respect to the amount Tenant and this Lease as the Landlord may request and as are customarily to be included in such certifications. Failure by Tenant to comply with the terms of security that this Section 11.2 shall constitute a default hereunder upon the expiration of five (5) days after Landlord has given Tenant deposited with Landlord; notice of such failure unless the Tenant shall have complied within said five (x5) if Tenant has sublet all or a portion days. On the Commencement Date, either party shall, at the request of the Premises or assigned its interest other, promptly execute, acknowledge and deliver to the other a statement in writing that the Lease and to whom; (xi) if Tenant Commencement Date has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordoccurred.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Estoppel Certificates. Tenant shall, within fifteen (15) business days after request from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord any mortgagee, proposed mortgagee, proposed purchaser of all or its designee any part of the Property, or any other person or entity designated by Landlord, in recordable form, a written statement specifying certificate certifying any and all information reasonably requested, including, but not limited to, the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (iia) the date of this Lease, the date when the Term of this Lease term commenced commenced, the date of the expiration of the Term, and the date it expireswhen Base Rent and Additional Rent commenced to accrue hereunder; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (ivb) that this Lease is unmodified, not amended, and in full force and effect; or, if there have been any amendments or modifications, that the Lease is in full force and effect as so amended or modified and has not been assigned, modified, supplemented stating the amendments or amended in any waymodifications and the dates thereof; (vc) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that whether or not there are no then existing claims, any setoffs or defenses or offsets which the Tenant has against the enforcement of any of the terms and/or conditions of this Lease by Landlordand any amendments or modifications hereof on the part of Tenant to be performed, and, if so, specifying the same; and (viiid) the amount of Rentdates, if any, that Tenant to which the Base Rent, the Additional Rent and other sums on Tenant's part to be paid hereunder have been paid and/or paid in advance; and (ixe) Tenant has accepted the amount of security Leased Premises and any and all improvements in the condition then existing as being complete and in accordance with Tenant's agreements as to the same and in accordance with the Lease, and that Tenant deposited with Landlord; (x) if Tenant has sublet waives any and all claims or a portion causes of action as to the condition of the Leased Premises including the improvements thereto (to the extent that the work for such improvements has been completed) as against Landlord and any new owner of the Property or assignee, or specifying in detail any respect in which the Leased Premises or assigned its interest any improvements have not been completed in accordance with the Lease and to whom; Lease, if that is the case (xi) if Tenant has setting forth any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest deficiencies in the Premisesreasonable detail). If Landlord shall submit to Tenant a proposed instrument containing any of the foregoing information, then, if Tenant shall fail to respond within ten (10) days to Landlord's request for confirmation of the statement required by this Sectioninformation set forth therein within fifteen (15) business days after Landlord's request, Landlord may provide the statement any information contained in such proposed instrument shall be deemed to be true, and Tenant shall be deemed to have admitted the accuracy waived any rights accruing by reason of the information provided by Landlord.any inaccuracy

Appears in 1 contract

Samples: Office Lease (Andover Net Inc)

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon not less than five (5) days’ prior written request of notice by Landlord, to execute, acknowledge and deliver to Landlord or its designee to such person(s) as may be designated by Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage certifying that Tenant is in possession of the Premises; , has unconditionally accepted the same and is currently paying the rents reserved hereunder, (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and has stating the modifications), (iii) stating the Rent Commencement Date and the dates to which the rent and other charges hereunder have been paid by Tenant and (iv) stating whether or not been assignedto the best knowledge of Tenant, modifiedLandlord is in default in the performance of any covenant, supplemented agreement or amended condition contained in this Lease, and, if so, specifying each such default of which notices to Landlord should be sent. If Tenant fails to execute and return any way; such agreement to Landlord within such five (v5) that this Lease represents day period, then, in addition to all other rights and remedies available to Landlord at law or in equity, Landlord shall be entitled to collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Base Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-half of one percent (1/2%) of the entire agreement between the parties; (vi) that all obligations then monthly amount of Base Rent then payable under this Lease Lease, for each day Tenant delays in returning the requested agreement to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) . Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section hereto may be relied upon by a any owner, prospective purchaser purchaser, mortgagee or prospective mortgagee of the Building or of Landlord's ’s interest therein, or any prospective assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch mortgagee.

Appears in 1 contract

Samples: Commencement and Estoppel Agreement (Seracare Life Sciences Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten (10) days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the this Lease term commenced was executed and the date it expires; (iii) the date Tenant entered into occupancy of the Premises; the amount of minimum monthly Rent, Additional Rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; that no Rent has been paid more than one (viiiI ) the amount of Rent, if any, that Tenant paid month in advance; that no security has bean deposited with Landlord (ix) or, if so, the amount thereof); or any other matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building or the Premises, or a portion purchaser of the Premises Building or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the Building and Premises. If Tenant shall fail fails to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 1 contract

Samples: Industrial Lease (Radio Systems Corp)

Estoppel Certificates. Tenant shall, from From time to time, Tenant, upon not less than five business (5) days' prior written request of Landlordnotice, execute, acknowledge shall execute and deliver to Landlord or its designee a written statement specifying in writing certifying, to the following, subject to any modifications necessary to make such statements true and completebest of Tenant's knowledge: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is unmodified and in full force and effect (or if there shall have been any modification, that the same is in full force and effect as modified and has stating the modification), (ii) the amount of any prepaid Rent or security deposit paid under this Lease, (iii) the dates to which the Rent and other charges have been paid, (iv) whether or not been assigned, modified, supplemented Tenant claims any defenses or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all offsets with respect to its obligations under this Lease and whether or not Landlord is in default in the performance of any covenant, agreement, or condition contained in this Lease on its part to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rentand, if anyso, that specifying each such defense, offset, or default of which Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; may have knowledge, and (xiiv) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon reasonably required by a institutional lenders in similar estoppel certificates. In addition, if requested, Tenant shall provide such financial information concerning Tenant and Tenant's business operations and any Guarantor as may be reasonably requested by any mortgagee or prospective mortgagee or purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Should Tenant shall fail timely to respond within ten (10) days deliver a statement, in addition to any other remedies available to Landlord's request for the statement required by this Section, Landlord may provide shall have the right to deliver such statement and as Tenant's attorney-in-fact. The limited power of attorney granted by Tenant shall be in the immediately preceding sentence being coupled with an interest is deemed to have admitted the accuracy be irrevocable by Tenant. Nothing contained in this section shall constitute a waiver by Landlord of any default in payment of Rent or other charges existing as of the information provided by Landlorddate of such notice.

Appears in 1 contract

Samples: Asa International LTD

Estoppel Certificates. Tenant shallEach party agrees, at any time and from time to time, as reasonably requested by the other party, upon written request of Landlordnot less than ten (10) days’ prior notice, execute, acknowledge to execute and deliver to Landlord or its designee the other a written certified statement specifying the following, subject to any modifications necessary to make executed and acknowledged by an appropriate individual representing such statements true and complete: party (ia) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) stating that this Lease is then in full force and effect and has not been assigned, modified (or if modified, supplemented or amended in any way; setting forth all modifications), (vb) that this Lease represents setting forth the entire agreement between then Annual Fixed Rent and Additional Rent, (c) setting forth the parties; (vi) that all obligations under this Lease date to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Annual Fixed Rent, Additional Rent and other charges, if any, that Tenant paid have been paid, (d) stating whether or not, to the best knowledge of the signatory, the other party is in advance; default under this Lease, and if so, setting forth the specific nature of all such defaults, (ixe) stating the amount of the security that Tenant deposited with Landlord; deposit, if any, held by Landlord under this Lease, (xf) stating whether there are any subleases affecting the Premises, (g) stating the address of the person to which all notices and communication under this Lease shall be sent, (h) stating the Commencement Date(s), the Rent Commencement Date(s) and the Expiration Date, (i) if Tenant has sublet all applicable, stating whether or a not there are any amounts of contribution by Landlord towards the cost of Tenant’s work not yet advanced to Tenant, (j) stating what portion of the Premises or assigned its interest Tenant is in the Lease possession and occupancy of pursuant to whom; this Lease, (xik) if Tenant applicable, whether all work required to be completed by Landlord in connection with preparing the Premises for Tenant’s initial occupancy has any option to extend the Lease or option to purchase the Premises; been completed by Landlord, and (xiil) as to any other matters reasonably requested by the party requesting such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestcertificate. Tenant acknowledges and agrees The parties acknowledge that any statement delivered pursuant to this Section 20.15 may be relied upon by a prospective others with whom the party requesting such certificate may be dealing, which may, for Landlord, include, without limitation, any purchaser or owner of the Land or the Building, or of Landlord’s interest (directly or indirectly) in the Land or the Building or any Underlying Lease, or by any Mortgagee or Overlandlord, or by any purchaser of Landlord's the interest of any Mortgagee or Overlandlord (directly or indirectly) in the Land or the Building, or by any prospective or actual sublessee of the Premises or assignee of any mortgage this Lease, or new mortgagee permitted transferee of Landlord's interest in the Premisesor successor to Tenant. If Together with its response to each such request hereunder, Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.to

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

Estoppel Certificates. Tenant shallThis Lease shall be subject and subordinate to all existing and future ground or underlying leases, from time to timemortgages, trust deeds and other encumbrances against the Building or Project, all renewals, extensions, modifications, consolidations and replacements thereof (each, a “Security Agreement”), and all advances made upon the security of such mortgages or trust deeds, unless in each case the holder of such Security Agreement (each, a “Security Holder”) requires in writing that this Lease be superior thereto. Upon any termination or foreclosure (or any delivery of a deed in lieu of foreclosure) of any Security Agreement, Tenant, upon written request request, shall attorn, without deduction or set-off, to the Security Holder or purchaser or any successor thereto and shall recognize such party as the lessor hereunder provided that such party agrees not to disturb Tenant’s occupancy so long as Tenant timely pays the Rent and otherwise performs its obligations hereunder. Within 10 business days after Landlord’s request, Tenant shall execute such further instruments as Landlord may reasonably deem necessary to evidence the subordination or superiority of this Lease to any Security Agreement. Tenant waives any right it may have under Law to terminate or otherwise adversely affect this Lease or Tenant’s obligations hereunder upon a foreclosure. Within 10 business days after Landlord’s request, execute, acknowledge Tenant shall execute and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make commercially reasonable estoppel certificate in favor of such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises parties as Landlord may reasonably request. Tenant acknowledges designate, including current and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement Security Holders and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordprospective purchasers.

Appears in 1 contract

Samples: Office Lease (Coherus BioSciences, Inc.)

Estoppel Certificates. 20.1. Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or, any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant's behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than five (5) days’ prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month’s Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord’s or a portion any predecessor landlord’s interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant’s behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Office Lease (Barfresh Food Group Inc.)

Estoppel Certificates. 21.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord a statement in writing addressed and certify­ing to Landlord, or its designee to the holder or assignee of any existing or prospective mortgage encumbering the Building or any part thereof (hereafter a written statement specifying "Mortgagee"), or to the followinglessor, subject or existing or prospective assignee of the lessor's position, under any existing or prospective ground lease of the land underlying the Building (hereafter a "Ground Lessor"), or to any modifications necessary to make such statements true and complete: (i) the total rentable square footage prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) Building, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease or any other factual matters concerning the matter relating to this Lease or the Premises or, if so, specifying each such default. In addition, in the event that such certificate is being given to any Mortgagee or Ground Lessor, such statement may contain any other provisions customarily required by such Mortgagee or Ground Lessor including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee or Ground Lessor, as applicable, written notice of any Landlord may reasonably requestdefault and a reasonable opportunity for such Mortgagee or Ground Lessor to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any statement Any such state­ment delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, Ground Lessor or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant's behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Office Lease (Echo Therapeutics, Inc.)

Estoppel Certificates. Tenant Subtenant shall, from time to time, upon written request of LandlordSublandlord, execute, acknowledge and deliver to Landlord Sublandlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term Sublease Term commenced and the date it expires; (iiiii) the amount of minimum monthly Monthly Base Rent and the date to which such Rent has been paid; (iviii) that this Lease Sublease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (viv) that this Lease [***] Indicates portions of this exhibit that have been omitted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Sublease represents the entire agreement between the parties; (viv) that all obligations conditions under this Lease Sublease to be performed by either party Sublandlord have been satisfied; (viivi) that there are no existing claims, defenses or offsets which the Tenant Subtenant has against the enforcement of this Lease Sublease by LandlordSublandlord; (vii) that no Rent has been paid more than one month in advance; and (viii) that no security has been deposited with Sublandlord (or, if so, the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) thereof). Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's Sublandlord’s interest or assignee of any mortgage or new mortgagee of Landlord's Sublandlord’s interest in the Premises. If Tenant Subtenant shall fail to respond within ten (10) business days of receipt by Subtenant of a written request by Sublandlord as herein provided, Subtenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordSublandlord to a prospective purchaser or mortgagee, or, in Sublandlord’s sole discretion, such failure shall be deemed an un-curable Event of Default.

Appears in 1 contract

Samples: Sublease Agreement (Jones Soda Co)

Estoppel Certificates. Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) business days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee any current or prospective Mortgagee or purchaser of the Building, a written statement specifying in writing addressed and certifying to Landlord and any current or prospective Mortgagee or purchaser of the followingBuilding, subject and to any modifications necessary other party designated by Landlord, to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) extent accurate, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Monthly Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Monthly Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate has no charge, lien or assigned its interest claim of setoff under this Lease or otherwise against Monthly Base Rent, additional rental or other charges due or to become due under this Lease; that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; that Tenant does not have the Lease and to whom; (xi) if Tenant has any option right to extend the Lease Term, or option to purchase renew the PremisesLease, or to expand into other space in the Building; and (xii) such any other factual matters concerning the matter relating to this Lease or the Premises as or the Building, and if so, specifying each such default, matter or item with particularity. In addition, in the event that such certificate is being given to any Mortgagee, such statement may contain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord may reasonably requestdefault and a reasonable opportunity for such Mortgagee to have additional time to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any current or prospective Mortgagee or purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the PremisesBuilding to whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide is hereby granted the right to execute such statement and Tenant on Tenant's behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written Within ten (10) days after a request of by Landlord, execute, acknowledge and Tenant shall deliver to Landlord or its designee a written statement specifying the followingestoppel certificate, subject in form supplied by or reasonably acceptable to any modifications necessary to make such statements true and complete: Landlord, certifying that (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) 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); (ii) the Term of the Lease has not commenced and the full rental is now accruing hereunder; (iii) Tenant has accepted possession of the Premises and is presently occupying the same; (iv) all improvements required by the terms of the Lease to be made by Landlord have been assigned, modified, supplemented or amended completed and all tenant improvement allowances have been paid in any wayfull; (v) that this Lease represents there are no offsets, counterclaims, abatements or defenses against or with respect to the entire agreement between payment of any rent or other charges due under the partiesLease; (vi) that all obligations no rent under this the Lease to be performed by either party have has been satisfiedpaid more than thirty (30) days in advance of its due date; (vii) that there are no existing claimsto the best of the knowledge of the Tenant, defenses Landlord is not in default in the performance of any covenant, agreement, provision or offsets condition contained in the Lease or, if so, specifying each such default of which the Tenant has against the enforcement of this Lease by Landlordmay have knowledge; (viii) the amount of Rent, if any, that Tenant paid in advanceaddress for notices to be sent to Tenant; (ix) the amount of only security that deposit, if any, tendered by Tenant deposited with is as set forth in the Lease, and such security deposit has been paid to Landlord; and (x) if Tenant has sublet all any other information reasonably requested by Landlord or a portion any mortgagee or ground lessor of the Premises or assigned its interest in Building and/or the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees Land it being intended that any such statement delivered pursuant to this Section hereto may be relied upon by a any prospective purchaser or lessee of Landlord's interest the Building or any part thereof, any mortgagee or prospective mortgagee thereof, any prospective assignee of any mortgage thereof, any ground lessor or new mortgagee prospective ground lessor of Landlord's interest in the PremisesLand and/or the Building, or any prospective assignee of any such ground lease. If Tenant shall fail to respond within ten Within thirty (1030) days after a request by Tenant, Landlord shall deliver to Landlord's request for the statement Tenant a similar estoppel certificate covering such matters as are reasonably required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by LandlordTenant.

Appears in 1 contract

Samples: Work Agreement (Smart Online Inc)

Estoppel Certificates. Tenant shall, 25.1 Within twenty (20) days following any written request which Landlord may make from time to time, upon written request of Landlord, execute, acknowledge Tenant shall execute and deliver (or provide written comments to any proposed certificate delivered by Landlord) to Landlord or its designee mortgagee or prospective mortgagee a written statement specifying the following, subject to any modifications necessary to make such statements true and completecertifying: (i) the total rentable square footage of the Premises; (iia) the date the Lease term commenced of commencement and the date it expiresexpiration of this Lease; (iiib) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this lease is in full force and effect and has not been assignedeffect, as modified, supplemented or amended in any wayand stating the date and nature of such modifications); (vc) that this Lease represents the entire agreement between date to which the parties; (vi) that all obligations rent and other sums payable under this Lease to be performed by either party have been satisfiedpaid; (viid) the fact that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of current defaults under this Lease by Landlordeither Landlord or Tenant except as specified in Tenant’s statement; (viiie) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if whether or not Tenant has sublet all exercised a Purchase Option or a portion the Right of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; First Offer, and (xiif) such other factual matters concerning the Lease or the Premises as Landlord may be reasonably requestrequested by Landlord. Tenant acknowledges and agrees that any statement delivered pursuant to this Section Article 25 may be relied upon by a prospective any mortgagee, beneficiary or purchaser of Landlord's interest . Tenant irrevocably agrees that if Tenant fails to execute and deliver such certificate within such twenty (20) day period (or assignee of provide written comments to any mortgage or new mortgagee of proposed certificate delivered by Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section), Landlord may provide the statement to Tenant a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE AN EVENT OF DEFAULT”. If Tenant shall be deemed fails to have admitted the accuracy of the information provided execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Landlord) within a five (5) business day period following the receipt of Landlord’s second written request therefor, such failure shall constitute an Event of Default.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Facebook Inc)

Estoppel Certificates. 21.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord a statement in writing addressed and certifying to Landlord, or its designee to the holder or assignee of any existing or prospective mortgage encumbering the Building or any part thereof (hereafter a written statement specifying "Mortgagee"), or to the followinglessor, subject or existing or prospective assignee of the lessor's position, under any existing or prospective ground lease of the land underlying the Building (hereafter a "Ground Lessor"), or to any modifications necessary to make such statements true and complete: (i) the total rentable square footage prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) Building, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free Rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease or any other factual matters concerning the matter relating to this Lease or the Premises or, if so, specifying each such default. In addition, in the event that such certificate is being given to any Mortgagee or Ground Lessor, such statement may contain any other provisions customarily required by such Mortgagee or Ground Lessor including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee or Ground Lessor, as applicable, written notice of any Landlord may reasonably requestdefault and a reasonable opportunity for such Mortgagee or Ground Lessor to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, Ground Lessor or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement and Tenant on Tenant's behalf which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Lease (Vartech Systems Inc)

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon not less than five (5) days' prior written request of notice by Landlord, to execute, acknowledge and deliver to Landlord or its designee to such person(s) as may be designated by Landlord, a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage certifying that Tenant is in possession of the Premises; , has unconditionally accepted the same and is currently paying the rents reserved hereunder, (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and has stating the modifications), (iii) stating the Rent Commencement Date and the dates to which the rent and other charges hereunder have been paid by Tenant and (iv) stating whether or not been assignedto the best knowledge of Tenant, modifiedLandlord is in default in the performance of any covenant, supplemented agreement or amended condition contained in this Lease, and, if so, specifying each such default of which notices to Landlord should be sent. If Tenant fails to execute and return any way; such agreement to Landlord within such five (v5) that this Lease represents day period, then, in addition to all other rights and remedies available to Landlord at law or in equity, Landlord shall be entitled to collect from Tenant, as liquidated damages with respect to such default of Tenant in addition to Base Rent and other amounts payable hereunder, as Additional Rent, an amount equal to one-half of one percent (0.5%) of the entire agreement between the parties; (vi) that all obligations then monthly amount of Base Rent then payable under this Lease Lease, for each day Tenant delays in returning the requested agreement to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) . Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section hereto may be relied upon by a any owner, prospective purchaser purchaser, mortgagee or prospective mortgagee of the Building or of Landlord's interest therein, or any prospective assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch mortgagee.

Appears in 1 contract

Samples: Office Lease (Boston Biomedica Inc)

Estoppel Certificates. Sublandlord and Tenant shall, from time to timeeach agrees, upon not less than twenty (20) days prior written request of notice by Landlord, to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) certifying that the total rentable square footage of the Premises; Lease Agreement and Sublease Agreement are in full force and effect as modified herein, (ii) stating the date the Lease term commenced dates to which rent and the date it expires; other charges hereunder have been paid by Tenant, (iii) stating the amount of minimum monthly Rent and the date address to which such Rent has been paid; notices to Tenant should be sent, and (iv) agreeing not to pay Monthly Rent more than thirty (30) days in advance or to amend the Lease Agreement or Sublease Agreement without the consent of any mortgage lender having a security interest in the Building. Landlord agrees, upon not less than twenty (20) days prior written notice by either Sublandlord or Tenant, to execute, acknowledge and deliver to Tenant a statement in writing (i) certifying that this the Lease Agreement is in full force and effect as modified herein, (ii) stating the dates to which rent and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party other charges hereunder have been satisfied; paid by Tenant, (viiiii) that there are no existing claimsstating whether or not, defenses to the best knowledge of Landlord, Tenant is in default in the performance of any covenant, agreement or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest condition contained in the Lease Agreement and to whom; (xi) Sublease Agreement, and, if Tenant has any option to extend the Lease or option to purchase the Premises; so, specifying each such default of which Landlord may have knowledge, and (xiiiv) stating the address to which notices to Landlord should be sent. Any such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section hereto may be relied upon by a Tenant any lender or creditor of Tenant, any prospective purchaser of Landlord's interest Tenant, or any prospective assignee of any mortgage such lender, creditor or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordpurchaser.

Appears in 1 contract

Samples: Yager Kuester Public Fund 1986 Limited Partnership

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term Term commenced and the date it expires; (iii) the amount of minimum monthly annual Base Rent and the date to which such Rent it has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xix) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xiixi) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage secured party or new mortgagee secured party of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) business days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.

Appears in 1 contract

Samples: Lease Agreement Ketchikan Medical Center

Estoppel Certificates. Tenant shallagrees, at any time and from time to time, upon not less than five (5) days prior written request of notice by Landlord, to execute, acknowledge and deliver at no cost to Landlord or its designee a written party designated by Landlord a statement specifying the following, subject to any modifications necessary to make such statements true and complete: in writing (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) certifying that this Lease is unmodified and in full force and effect, or if there have been modifications, that the Lease is in full force and effect as modified and has stating the modifications (ii) stating the dates to which the rent and other charges hereunder have been paid by Tenant (iii) stating whether or not been assignedto the best knowledge of Tenant, modifiedLandlord is in default in the performance of any covenant, supplemented agreement or amended condition contained in any way; this Lease, and, if so, specifying each such default of which Tenant may have knowledge (iv) stating the address to which notices to Tenant should be sent pursuant to Article 29 hereof (v) agreeing that this Lease represents Tenant shall not encumber or assign or sublease any portion of the entire agreement between Demised Premises without the parties; written consent of Landlord (vi) agreeing that all obligations under this Tenant and Landlord shall not thereafter modify the Lease to be performed by either party have been satisfied; without the approval of any mortgagee and (vii) that there are no existing claimsagreeing that, defenses or offsets which except for the Security Deposit set forth herein, Tenant has against shall not prepay any rent more than forty-five (45) days in advance. If Tenant fails to deliver the enforcement of this Lease certificate within the five (5) days after requested by Landlord; (viii) , then by such failure Tenant shall irrevocably constitute and appoint Landlord as its attorney-in-fact to execute and deliver the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion certificate to any third party. Any owner of the Premises Building, any prospective purchaser of the Building, any mortgagee or assigned its interest in prospective mortgagee of the Lease and to whom; (xi) if Tenant has Building or of Landlord’s interest, or any option to extend the Lease or option to purchase the Premises; and (xii) prospective assignee of any such other factual matters concerning the Lease or the Premises as Landlord mortgagee may reasonably request. Tenant acknowledges and agrees that rely upon any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordhereto.

Appears in 1 contract

Samples: Commercial Lease Agreement

Estoppel Certificates. Tenant Each party shall, from time to time, upon written request of Landlordthe other, execute, acknowledge and deliver to Landlord the requesting party or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the The date the this Lease term commenced was executed and the date it expires; (iii) the date the term commenced and the date Tenant accepted the Premises; the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that and certifying to the extent true: That this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either the other party have been satisfied; (vii) that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that on this date there are no existing claims, defenses or offsets which the Tenant executing party has against the enforcement of this Lease by Landlordthe other party; (viii) and that the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest deposit is as stated in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestLease. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee the holder of any mortgage or new mortgagee of upon Landlord's interest in the PremisesBuilding. If Tenant the party of whom a request for estoppel certificate is made shall fail to respond within ten (10) business days of receipt of such request as herein provided, that party shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by the information provided by Landlordrequesting party to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are no uncured default & in the requesting party's performance, that the security deposit is as stated in the Lease, and that not more than one month's Rent has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Amazon Com Inc)

Estoppel Certificates. Tenant shall, At any time and from time to time, Tenant agrees, upon written request of in writing from Landlord, execute, acknowledge to execute and deliver to Landlord, for the benefit of such persons as Landlord or its designee names in such request, a written statement specifying in writing and in substance satisfactory to Landlord certifying to such of the following, subject to any modifications necessary to make such statements true and completefollowing information as Landlord shall request: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease constitutes the entire agreement between Landlord and Tenant and 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 has not been assigned, modified, supplemented or amended in any waystating the modifications); (vii) that this Lease represents the entire agreement between dates to which the partiesMinimum Rent and other charges hereunder have been paid, and the amount of any security deposited with Landlord; (viiii) that all obligations under conditions precedent to this Lease to be performed by either party taking effect have been satisfiedcarried out; (viiiv) that Tenant has accepted possession, that the Lease Term has commenced, that Tenant is occupying the Premises, that Tenant knows of no default under the Lease by Landlord and that there are no existing claims, defenses defaults or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viiiv) the amount Rent Commencement Date of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the this Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the PremisesExpiration Date of this Lease; and (xiivi) that Tenant’s store is open for business, provided such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestfacts are true and ascertainable. Tenant acknowledges and agrees that Tenant’s failure to execute and deliver to Landlord any statement delivered pursuant to this Section estoppel certificate(s) requested by Landlord within fifteen (15) days from Tenant’s receipt of Landlord’s request shall be deemed Tenant’s acknowledgement that the terms and conditions contained in such estoppel certificate are true and correct and that such terms and conditions may also be relied upon by a prospective purchaser of Landlord's interest any third party or assignee of any mortgage or new mortgagee of Landlord's interest parties identified in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordsuch estoppel certificate.

Appears in 1 contract

Samples: Agreement (Rex Stores Corp)

Estoppel Certificates. Tenant shall, without charge, at any time, and from time to time, upon written within ten (10) business days after receipt of request of therefore by Landlord, execute, acknowledge and deliver to Landlord Landlord, any mortgagee, assignee of a mortgagee, or its designee a written statement specifying any purchaser of the Building or any other person designated by Landlord, as of the date of such Estoppel Certificate, the following, subject to any modifications necessary to make such statements true and complete: (i1) the total rentable square footage whether or not Tenant is in possession of the Demised Premises; (ii2) whether or not this Lease is unmodified and in full force and effect (or if there has been a modification, that the Lease is in full force and effect (or if there has been a modification, that the Lease is in full force and effect as modified and setting forth such modification); (3) whether or not there are then existing any set-offs or defenses against the enforcement of any right hereunder (and, if so, specifying the same in detail); (4) the date the Lease term commenced and the date it expiresdates, if any, to which any Base Annual Rent, additional rent or other charges have been paid in advance; (iii5) that Tenant has no knowledge of any other such uncured defaults on the part of Landlord’s obligations under this Lease (or if Tenant has knowledge, specifying the same in detail); (6) that Tenant has no knowledge of any event having occurred that authorizes the termination of this Lease by Tenant (or if Tenant has such knowledge, specifying the same in detail); and (7) the amount of minimum monthly Rent and the date address to which notices to Tenant should be sent. Any such Rent has been paid; statement delivered pursuant hereto may be relied upon by Landlord or any mortgagee or prospective purchaser or mortgagee of the Building or any part thereof or estate therein. Tenant acknowledges that time is of the essence to the delivery of such statements by Tenant and that Tenant’s failure or refusal to do so may result in substantial damages to Landlord resulting from, for example, delays suffered by Landlord in obtaining financing or refinancing secured by the Demised Premises or the Building. Tenant shall be liable for all such damages suffered by Landlord as a direct result of Tenant’s failure or refusal. In addition, if after thirty days from written notice requesting such estoppel certificate, Tenant’s failure or refusal to deliver such certificates within the time period aforesaid shall be conclusive evidence as against Tenant (ivi) that this Lease is in full force and effect and has not been assignedeffect, modifiedwithout modification except as may be represented by Landlord, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (viiii) that there are no existing claimsuncured defaults in Landlord’s performance of obligations hereunder, defenses and (iii) that not more than one month’s installment of Base Annual Rent or offsets which the Tenant any additional rent has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant been paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion advance of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlorddue date.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Estoppel Certificates. Tenant shall, from time to time, time upon written request of Landlord, execute, acknowledge and deliver to Landlord or its Landlord's designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the this Lease term commenced was executed and the date it expires; (iii) the date Tenant entered into occupancy of the Premises; the amount of minimum monthly Basic Rent and Additional Rent and the date to which such Rent has been paid; and certifying (iv) to the extent that the same is true and correct): that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date of agreement so effecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations any conditions under this Lease to be performed by either party Landlord have been satisfied; (vii) that any required contributions by Landlord to Tenant on account of Tenant's improvements have been received; that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant no Rent has been paid in advance; (ix) and stating the amount of security that Tenant deposited with the Security Deposit paid to Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesProperty. If Tenant shall fail to respond within ten (10) business days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance, that the information provided by LandlordSecurity Deposit is as stated in this Lease and that not more than one month's Rent has been paid in advance.

Appears in 1 contract

Samples: Asset Purchase Agreement (Egghead Inc /Wa/)

Estoppel Certificates. Tenant shall, without charge, at any time and from time to time, upon written within ten (10) days after receipt of request of by Landlord, execute, acknowledge acknowledge, and deliver to Landlord or its designee a written statement specifying the followingestoppel certificate, subject to any modifications necessary to make such statements true in form and complete: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to substance as may be performed by either party have been satisfied; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease determined by Landlord; (viii) the amount of Rent, if anycertifying to Landlord, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has Mortgagees, any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Building, or any other person designated by Landlord, as of the date of such estoppel certificate, the following: (i) whether Tenant is in possession of the Leased Premises; (ii) whether this Lease is in full effect; (iii) whether there have been any amendments to this Lease, and if so, specifying such amendments; (iv) whether there are then existing any set-off or defenses against the enforcement of any rights under this Lease, and if so, specifying such matters in detail; (v) the dates, if any, to which any rent or other charges have been paid in advance and the amount of any Security Deposit held by Landlord; (vi) that Tenant has no knowledge of any then existing defaults of Landlord under this Lease, or if there are such defaults, specifying them in detail; (vii) that Tenant has now knowledge of any event having occurred that authorizes that authorizes the termination of the Lease by Tenant, or if such event has occurred, specifying it in detail; (viii) the address to which notices to Tenant under this Lease should be sent; and (ix) such other items and matters as may be required by Landlord or Landlord's Mortgagees. If Any such certificate may be relied upon by the person or entity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of Tenant shall fail to respond execute, acknowledge, and deliver such a certificate in accordance with this Section 26 within ten (10) days after a request by Landlord shall constitute an acknowledgment by Tenant, which may be relied on by any person who would be entitled to Landlord's request for the statement required rely upon any such certificates, that such certificate as submitted by this Section, Landlord may provide the statement and to Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordis correct.

Appears in 1 contract

Samples: Lease Agreement (Sideware Systems Inc)

Estoppel Certificates. 16.01 Tenant shall, from shall at any time to time, upon within fifteen (15) days after written request of Landlord, from Landlord execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completein writing: (ia) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the total rentable square footage nature of the Premises; (iisuch modification and certifying that this Lease, as so modified, is in fall force and effect) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which the rent and other charges are paid in advance, if any, (b) confirming the Commencement and Expiration Dates, (c) confirming the amount of the security deposit held by Landlord, (d) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder or specifying such Rent has been paid; defaults if any are claimed, and (ive) confirming such other matters as to which Landlord may reasonably request confirmation. Any such statement may be conclusively relied upon by a prospective purchaser or Mortgagee of the Project or any portion thereof. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect and has not been assignedeffect, modified, supplemented or amended in any waywithout modification except as may be represented by Landlord; (v) that this Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party have been satisfied; (viiii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by uncured defaults in Landlord's performance; (viiiiii) that not more than one month's rent has been paid in advance, (iv) that the Commencement and Expiration Dates and the amount of Rentthe security deposit are as stated by Landlord, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xiiv) that all matters as to which Landlord requested confirmation are true. If Landlord desires to finance or refinance the Building, Tenant hereby agrees to deliver to any Mortgagee or prospective Mortgagee designated by Landlord such other factual matters concerning the Lease or the Premises financial statements of Tenant as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement reasonably required by this Section, Landlord may provide such Mortgagee. Such statement shall include the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.past

Appears in 1 contract

Samples: Office Lease Agreement (Saleslogix Corp)

Estoppel Certificates. Tenant shall, from time to time, upon written At the request of LandlordLandlord or any mortgagee or purchaser of the Leased Property, Tenant shall execute, acknowledge acknowledge, and deliver to an estoppel certificate, in recordable form, in favor of Landlord or its designee a written statement specifying any mortgagee or purchaser of the Leased Property certifying, to Tenant's knowledge, the following, subject to any modifications necessary to make such statements true and complete: ([i) the total rentable square footage of the Premises; (ii) the date ] that the Lease term commenced is unmodified and in full force and effect, or if there have been modifications that the date it expiressame is in full force and effect as modified and stating the modifications; (iii) the amount of minimum monthly Rent and [ii] the date to which such Rent has and other charges have been paid; ([iii] whether Tenant or Landlord is in default or whether there is any fact or condition which, with notice or lapse of time, or both, would constitute a default, and specifying any existing default, if any; [iv) ] that Tenant has accepted and occupies the Leased Property; [v] that Tenant has no defenses, set-offs, deductions, credits, or counterclaims against Landlord, if that be the case, or specifying such that exist; and [vi] such other information as may reasonably be requested by Landlord or any mortgagee or purchaser. Any purchaser or mortgagee may rely on this estoppel certificate. If Tenant fails to deliver the estoppel certificates to Landlord within 20 days after the request of the Landlord, then Tenant shall be deemed to have certified that to Tenant's knowledge [a] the Lease is in full force and effect and has not been assigned, modified, supplemented or amended that the Lease has been modified as set forth in the certificate delivered to Tenant; [b] Tenant has not prepaid any wayRent or other charges except for the current month; (v) [c] Tenant has accepted and occupies the Leased Property; [d] neither Tenant nor Landlord is in default nor is there any fact or condition which, with notice or lapse of time, or both, would constitute a default; and [e] Tenant has no defenses, set-offs, deductions, credits, or counterclaims against Landlord. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact to execute, acknowledge, and deliver on Tenant's behalf any estoppel certificate to which Tenant does not object within 20 days after Landlord sends the certificate to Tenant. This power of attorney is coupled with an interest and is irrevocable. At the request of Tenant, Landlord shall execute, acknowledge, and deliver an estoppel certificate, in recordable form, in favor of Tenant certifying, to Landlord's knowledge, the following: [i] that this the Lease represents the entire agreement between the parties; (vi) that all obligations under this Lease to be performed by either party is unmodified and in full force and effect, or if there have been satisfiedmodifications that the same is in full force and effect as modified and stating the modifications; (vii) that there are no existing claims, defenses or offsets [ii] the date to which the Tenant has against the enforcement of this Lease Rent and other charges have been received by Landlord; (viii) the amount [iii] whether Tenant or Landlord is in default or whether there is any fact or condition which, with notice or lapse of Renttime, or both, would constitute a default, and specifying any existing default, if any; [iv] that Landlord has no defenses, set-offs, deductions, credits, or counterclaims against Tenant, if that be the case, or specifying such that exist; and [vi] such other information as may reasonably be requested by Tenant. If Landlord fails to deliver the estoppel certificate to Tenant paid in advance; (ix) within 20 days after the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion request of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Tenant, then Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted certified that to Landlord's knowledge, [a] the accuracy Lease is in full force and effect and has not been modified, or that the Lease has been modified as set forth in the certificate delivered to Landlord; [b] Landlord has not received any prepaid Rent or other charges except for the current month; [c] neither Tenant nor Landlord is in default nor is there any fact or condition which, with notice or lapse of time, or both, would constitute a default; and [d] Landlord has no defenses, set-offs, deductions, credits, or counterclaims against Tenant. Landlord hereby irrevocably appoints Tenant as Landlord's attorney-in-fact to execute, acknowledge, and deliver on Landlord's behalf any estoppel certificate to which Landlord does not object within 20 days after Tenant sends the information provided by certificate to Landlord. This power of attorney is coupled with an interest and is irrevocable.

Appears in 1 contract

Samples: Master Lease Agreement (Balanced Care Corp)

Estoppel Certificates. Tenant shallAt any time, and from time to time, upon the written request of LandlordLandlord or any "Mortgagee" (as defined in section 30 hereof) Tenant, executewithin five (5) days of the date of such written request, acknowledge agrees to execute and deliver to Landlord or its designee and/or such Mortgagee, without charge and in a form satisfactory to Landlord and/or such Mortgagee, a written statement specifying (a) ratifying the following, subject to any modifications necessary to make such statements true Lease; (b) confirming the commencement and complete: (i) the total rentable square footage expiration dates of the Premisesterm of the Lease; (iic) certifying that Tenant is in occupancy of the date Demised Premises, and that the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been modified, assigned, modified, supplemented or amended in any wayexcept by such writings as shell be stated; (vd) that this Lease represents the entire agreement between the parties; (vi) certifying that all obligations conditions and agreements under this the Lease to be satisfied or performed by either party Landlord have been satisfiedsatisfied and performed except as shall be stated; (viie) certifying that Landlord is not in default under the Lease and there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this the Lease by Landlord, or stating the defaults and/or defenses claimed by Tenant; (viiif) reciting the amount of Rentadvance rent, if any, that paid by Tenant paid in advanceand the date to which such rent has been paid; (ixg) reciting the amount of security that Tenant deposited with Landlord; (x) , if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premisesany; and (xiih) such any other factual matters concerning the Lease Information which Landlord or the Premises as Mortgagee shall require, The failure of Tenant to execute, acknowledge and deliver to Landlord may reasonably request. and/or any Mortgagee a statement in accordance with the provisions herein within the period set forth herein shall constitute an acknowledgment by Tenant acknowledges and agrees that any statement delivered pursuant to this Section which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Demised Premises or the Building that the Lease has not been assigned, amended, changed or modified, is in fall force and effect and that the Minimum Rent, and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement and shall constitute as to any persons entitled to rely on such statements a prospective purchaser of Landlord's interest or assignee waiver of any mortgage defaults by Landlord or new mortgagee of Landlord's interest in defenses or offsets against the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement required by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy enforcement of the information provided Lease by Landlord which may exist prior to the date of the written request, and Landlord, at its option, may treat such failure as an event of default.

Appears in 1 contract

Samples: Lease Agreement (Infoactiv Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten (10) business days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date Tenant entered occupancy of the Premises; the amount of minimum monthly Base Rent, Additional Rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant on account of Tenant's improvements have been received (vii) or specifying any such contributions that have not been received); that on the date of such statement there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by LandlordLandlord (or if so, specifying the same); that no Rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; that no security has been deposited with Landlord (ix) or, if so, the amount thereof); or any other matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building, or a portion purchaser of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestBuilding. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section Article may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten (10) business days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 1 contract

Samples: Lease (Tel Save Com Inc)

Estoppel Certificates. Tenant shall, from time to time, upon written request within ten (10) days of Landlord, executepresentation, acknowledge and deliver to Landlord (a) any commercially reasonable subordination or its designee a written statement specifying non-disturbance agreement or other commercially reasonable instrument that Landlord or Landlord’s lender may require to carry out the followingprovisions of this Article (an acceptable form of such agreement, subject which may be modified by Landlord’s lender, is attached hereto as Exhibit G), and (b) any estoppel certificate requested by Landlord from time to time in the commercially reasonable standard form of any modifications necessary to make prospective purchaser, mortgagee or beneficiary of any deed of trust affecting the Building and Premises (an acceptable form of an estoppel certificate, which may be modified by any such statements true and complete: (ipurchaser or lender, is attached hereto as Exhibit F) the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which certifying, if such Rent has been paid; (iv) be true, that Tenant is in occupancy, 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 effect, and has not been assigned, modified, supplemented or amended in any way; (v) that this Lease represents stating the entire agreement between modifications and the parties; (vi) that all obligations under this Lease dates to be performed by either party which the Rent and other charges shall have been satisfied; (vii) paid, and that there are no existing Rental offsets or claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond provide such certificate within ten (10) days to of receipt by Tenant of a written request by Landlord as herein provided, such failure shall, at Landlord's request for the statement required by ’s election, constitute a material breach t under this SectionLease, Landlord may provide the statement and Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee. Tenant shall not condition or delay its delivery of any agreement requested by Landlord under this Section 16 on any modifications to the information provided Lease or any other concessions by Landlordthe Landlord and Landlord shall not modify this Lease by means of any agreement requested under this Section 16.

Appears in 1 contract

Samples: Office Lease Agreement (Concur Technologies Inc)

Estoppel Certificates. Tenant shall, agrees from time to time, upon written within thirty (30) days after request of therefor by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing certifying to Landlord, any Mortgagee, any assignee of a Mortgagee, or its designee a written statement specifying any purchaser, of the followingBuilding or the Land, subject to or both, or any modifications necessary to make other Person designated by Landlord, as of the date of such statements true and complete: statement, (i) the total rentable square footage that Tenant is in possession of the Leased Premises; (ii) the date the that this Lease term commenced is unmodified and the date it expires; in full force and effect (iii) the amount of minimum monthly Rent and the date to which such Rent has or, if there have been paid; (iv) modifications, that this Lease is in full force and effect as modified and has setting forth such modifications); (iii) whether or not there are then existing any set-offs or defenses known to Tenant against the enforcement of any right or remedy of Landlord, or any duty or obligation of Tenant, hereunder (and, if so, specifying the same in detail); (iv) the dates, if any, to which any Basic Rent or Additional Charges have been assigned, modified, supplemented or amended paid in any wayadvance; (v) that Tenant has no knowledge of any uncured defaults on the part of Landlord under this Lease represents (or, if Tenant has knowledge of any such uncured defaults, specifying the entire agreement between the partiessame in detail); (vi) that all obligations under Tenant has no knowledge of any event having occurred that authorizes the termination of this Lease to be performed by either party have been satisfiedTenant (or, if Tenant has such knowledge, specifying the same in detail); (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement amount of this Lease any Security Deposit held by Landlord; and (viii) the amount any additional facts pertaining to this Lease reasonably requested by Landlord or any such Mortgagee, assignee of Rent, if any, that Tenant paid in advance; (ix) the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all a Mortgagee or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestpurchaser. Tenant acknowledges and agrees that any statement delivered pursuant shall also from time to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond time, but no more than once per Lease year, within ten (10) days after request therefor by Landlord, deliver to Landlord's request Landlord a statement of financial position of Tenant, as of the most currently available date, prepared and signed by a an officer of the Tenant. Tenant acknowledges that time is of the essence for the statement required delivery by Tenant of the statements referred to in this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Fidelity & Guaranty Life)

Estoppel Certificates. 20.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) business days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, that this Lease is unmodified and in full force and effect (of if there have been modifications, that the same is in full force and effect as modified and stating the modifications); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably request. contain any other provisions customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant acknowledges to furnish to such Mortgagee, written notice of any Landlord default and agrees that any a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesto whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant shall fail does not execute, acknowledge and deliver to respond within ten (10) days to Landlord's request for Landlord the statement as and when required by this Sectionherein, Landlord may provide the is hereby granted an irrevocable power-of-attorney, coupled with on interest, to execute such statement and Tenant on Tenant's behalf, which statement shall be deemed binding on Tenant to have admitted the accuracy of the information provided same extent as if executed by LandlordTenant.

Appears in 1 contract

Samples: Retail Lease (Nara Bancorp Inc)

Estoppel Certificates. 21.01 Tenant shall, agrees at any time and from time to time, time upon not less than ten (10) days' prior written request of Landlord, notice from Landlord to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary to make such statements true and complete: (i) the total rentable square footage current or prospective Mortgagee or any assignee thereof, prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free Rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may reasonably requestcontain certifications of such other matters, and any other provisions, customarily required by such Mortgagee including, without limitation, an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser to whom it is addressed and such statement, if required by its addressee, may so specifically state. If Tenant does not execute, acknowledge and deliver to Landlord the statement as and when required herein, Landlord is hereby granted an irrevocable power-of-attorney, coupled with an interest, to execute such statement on Tenant's behalf, which statement shall be binding on Tenant to the same extent as if executed by Tenant (and such grant shall not be in limitation of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request other remedies for the statement required such failure by this Section, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by LandlordTenant).

Appears in 1 contract

Samples: Lease (Qep Co Inc)

Estoppel Certificates. Tenant shall, agrees at any time and from time to --------------------- time, upon not less than ten (10) days' prior written request of notice from Landlord, to execute, acknowledge and deliver to Landlord or its designee a written statement specifying the followingin writing addressed and certifying to Landlord, subject to any modifications necessary current or prospective Mortgagee or any assignee thereof, to make such statements true and complete: (i) the total rentable square footage any prospective purchaser of the Premises; (ii) land, improvements or both comprising the date the Lease term commenced Building, and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) any other party designated by Landlord, 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); that Tenant has not been assignedaccepted possession of the Premises, modifiedwhich are acceptable in all respects, supplemented or amended in and that any way; (v) that this Lease represents improvements required by the entire agreement between the parties; (vi) that all obligations under terms of this Lease to be performed made by either party Landlord have been satisfiedcompleted to the satisfaction of Tenant; (vii) that there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by Landlord; (viii) the amount of Rent, if any, that Tenant is in full occupancy of the Premises; that no rent has been paid more than thirty (30) days in advance; (ix) that the amount of security first month's Base Rent has been paid; that Tenant deposited with Landlordis entitled to no free rent or other concessions except as stated in this Lease; (x) if that Tenant has sublet all not been notified of any previous assignment of Landlord's or a portion any predecessor landlord's interest under this Lease; the dates to which Base Rent, additional rental and other charges have been paid; that Tenant, as of the Premises date of such certificate, has no charge, lien or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the claim of setoff under this Lease or option otherwise against Base Rent, additional rental or other charges due or to purchase the Premisesbecome due under this Lease; and (xii) such that Landlord is not in default in performance of any covenant, agreement or condition contained in this Lease; or any other factual matters concerning the matter relating to this Lease or the Premises as or, if so, specifying each such default. If there is a Guaranty under this Lease, said Guarantor shall confirm the validity of the Guaranty by joining in the execution of the Estoppel Certificate or other documents so requested by Landlord or Mortgagee. In addition, in the event that such certificate is being given to any Mortgagee, such statement may contain any other provisions reasonably requestand customarily required by such Mortgagee including, without limitations an agreement on the part of Tenant to furnish to such Mortgagee, written notice of any Landlord default and a reasonable opportunity for such Mortgagee to cure such default prior to Tenant being able to terminate this Lease. Tenant acknowledges and agrees that any Any such statement delivered pursuant to this Section may be relied upon by a Landlord or any Mortgagee, or prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premises. If Tenant shall fail to respond within ten (10) days to Landlord's request for the statement whom it is addressed and such statement, if required by this Sectionits addressee, Landlord may provide the statement and Tenant shall be deemed to have admitted the accuracy of the information provided by Landlordso specifically state.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Estoppel Certificates. 34.1 Tenant shall, from time to time, upon written request within ten (10) days of Landlord's written request, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the date the Lease term commenced was executed and the date it expires; (iii) the date Tenant entered occupancy of the Premises; the amount of minimum monthly Base Rent, Additional Rent and other charges due hereunder and the date to which such Rent has amounts have been paid; (iv) that this Lease is in full force and effect and affect has not been assigned, modified, supplemented or amended in any wayway (or specifying the date and terms of any agreement so affecting this Lease); (v) that this Lease represents the entire agreement between the partiesparties as to this leasing; (vi) that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied (or specifying any such conditions that have not been satisfied); that all required contributions by Landlord to Tenant an account of Tenant's improvements have been received (viior specifying contributions that have not been received) that on the date of such statement there are no existing claims, defenses or offsets offset which the Tenant has against the enforcement of this Lease by Landlordthe Landlord (or if so, specifying the same); that no Rent has been paid more than one (viii1) the amount of Rent, if any, that Tenant paid month in advance; that no security has been deposited with Landlord (ix) or, if so, the amount thereof) for any other matters evidencing the status of security that Tenant deposited with Landlord; (x) if Tenant has sublet all the Lease, as may be reasonably required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage against the Building, or a portion purchaser of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestBuilding. Tenant acknowledges and agrees It is intended that any such statement delivered pursuant to this Section Article may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail fails to respond within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of the any information provided supplied by LandlordLandlord to a prospective purchaser or mortgagee.

Appears in 1 contract

Samples: Deed of Lease (Vialog Corp)

Estoppel Certificates. Tenant shall, At any time and from time to time, upon written Landlord and Tenant shall, at no cost to the non-requesting party, promptly and in no event later than twenty (20) days after a request of from either Tenant (or any Leasehold Mortgagee), or Landlord, execute, acknowledge and deliver to Landlord the requesting party or its designee any present or proposed mortgagee of the leasehold estate or the fee estate, or any proposed assignee, a written statement specifying certificate in the followingform set forth on Exhibit B, subject to any modifications necessary to make such statements true and completecertifying: (i) that the total rentable square footage of the Premises; (ii) the date the Lease term commenced and the date it expires; (iii) the amount of minimum monthly Rent and the date to which such Rent has been paid; (iv) that this Lease is in full force and effect and has not been assigned, modified (or if modified, supplemented setting forth all modifications), or amended if the Lease is not in full force and effect, the certificate shall so specify the reasons therefore; (ii) the commencement and expiration dates of the Lease Term; (iii) the date to which the rentals have been paid under the Lease and the amount thereof then payable; (iv) whether there are then any wayexisting known defaults by Tenant (or Landlord) in the performance of its obligations under this Lease, and, if there are any such known defaults, specifying the nature and extent thereof; (v) that no notice has been received by Landlord (or Tenant) of any default under this Lease represents which has not been cured, except as to defaults specified in the entire agreement between the partiescertificate; (vi) the capacity of the person executing such certificate, and that all obligations under this Lease such person is duly authorized to be performed by either party have been satisfiedexecute the same on behalf of Landlord; (vii) that there are no existing claims, defenses an agreement to provide notice of default to any mortgagee of the leasehold estate (or offsets which fee estate) and the same opportunity provided herein (within the same time period) to Landlord or Tenant has against the enforcement of this Lease by Landlordto cure said default; (viii) the amount number of Rentoptions remaining in the term, if any, that Tenant paid in advance; and (ix) the amount of security that any other information reasonably requested by Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises Landlord or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease present or option to purchase the Premises; and (xii) such other factual matters concerning the Lease proposed assignee or the Premises as Landlord may reasonably request. Tenant acknowledges and agrees that any statement delivered pursuant to this Section may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new mortgagee of Landlord's interest in the Premisesmortgagee. If Landlord or Tenant shall fail or refuse to sign an estoppel certificate in accordance with the provisions of this Section within the time period set forth above following a request by the other party to this Lease, the party failing to respond within ten (10) days to Landlord's request irrevocably constitutes and appoints the other party as its attorney-in-fact for the statement required by this Section, Landlord may provide sole purpose of executing and delivering the statement and Tenant shall be deemed certificate to have admitted the accuracy of the information provided by Landlordany such third party.

Appears in 1 contract

Samples: Lease Agreement (Susser Holdings CORP)

Estoppel Certificates. Tenant shall, from time to time, upon written request of Landlord, execute, acknowledge and deliver to Landlord or its designee a written statement specifying the following, subject to any modifications necessary to make such statements true and completestating: (i) the total rentable square footage of the Premises; (ii) the The date the this Lease term commenced was executed and the date it expires; (iii) : the date Tenant entered into occupancy of the Premises: the amount of minimum monthly Rent rental and the date to which such Rent has rental had been paid; (iv) , and certifying that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way; way (v) or specifying the date of agreement so effecting this Lease): that this Lease represents the entire agreement between the parties; (vi) two parties as to this leasing: that all obligations conditions under this Lease to be performed by either party the Landlord have been satisfied; (vii) , including but without limitations all co-tenancy requirements: that all required contributions by Landlord to Tenants on account's to Tenant's improvements have been received: that on this date there are no existing claims, defenses or offsets which the Tenant has against the enforcement of this Lease by the Landlord; (viii) the amount of Rent, if any, : that Tenant no rental has been paid in advance; : and that no security has been deposited with Landlords (ix) or, if so , the amount of security that Tenant deposited with Landlord; (x) if Tenant has sublet all or a portion of the Premises or assigned its interest in the Lease and to whom; (xi) if Tenant has any option to extend the Lease or option to purchase the Premises; and (xii) such other factual matters concerning the Lease or the Premises as Landlord may reasonably requestthereof). Tenant acknowledges and agrees It is intended that any statement such statements delivered pursuant to this Section paragraph may be relied upon by a prospective purchaser of Landlord's interest or assignee of any mortgage or new a mortgagee of Landlord's interest or assignee of any mortgage upon Landlord's interest in the PremisesBuilding. If Tenant shall fail to respond within ten (10ten(10) days of receipt by Tenant of a written request by owner as herein provided. Tenant shall be deemed to Landlord's request for the statement required by this Section, Landlord may provide the statement have given such certificate as above provided without modification and Tenant shall be deemed to have admitted the accuracy of any on information supplied by Landlord to a prospective purchaser or mortgage and that this Lease is in full force and effect, that there are no uncured defaults in Landlord's performance that the information provided by Landlordsecurity deposit is as stated in this Lease, and that not more than one month's rental has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Veritas Software Corp)

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