Common use of Approval or Disapproval of Proposed Estoppel Certificates Clause in Contracts

Approval or Disapproval of Proposed Estoppel Certificates. At any time following the Effective Date and prior to the date upon which the Seller proposes to send the Estoppel Certificates to the Tenants, Seller shall submit to Buyer copies of the Estoppel Certificates Seller proposes to send to the Tenants (each, a “Proposed Estoppel” and collectively, the “Proposed Estoppels”). Within ten (10) Business Days after Buyer’s receipt of the Proposed Estoppels, Buyer shall notify Seller in writing as to any objection(s) Buyer has as to the form or content of the Proposed Estoppels. If Buyer fails to timely deliver to Seller written notice of Buyer’s objection(s) to the Proposed Estoppels, then Buyer shall be deemed to have approved the Proposed Estoppels. If Buyer timely delivers to Seller written notice of Buyer’s objection(s) to the Proposed Estoppels, then Seller shall modify or correct the Proposed Estoppels in response to Buyer’s objections, provided, however, Seller shall have no duty or obligation to modify a Proposed Estoppel that conforms to the requirements of Section 5.1(h) above. Once the form of the Tenant Estoppel Certificates is established pursuant to the procedures set forth in this Section 5.1(h)(i), then Seller shall submit to the Tenants the Tenants Estoppel Certificates conforming to the Proposed Estoppels, as modified pursuant to this Section 5.1(h)(i), approved or deemed approved by Buyer pursuant to this Section 5.1(h)(i).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)

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Approval or Disapproval of Proposed Estoppel Certificates. At any time following the Effective Date and prior to the date upon which the Seller proposes to send the Estoppel Certificates to the Tenants, Seller shall submit to Buyer copies of the Estoppel Certificates Seller proposes to send to the Tenants (each, a “Proposed Estoppel” and collectively, the “Proposed Estoppels”). Within ten (10) Business Days after Buyer’s receipt of the Proposed Estoppels, Buyer shall notify Seller in writing as to any objection(s) Buyer has as to the form or content of the Proposed Estoppels. If Buyer fails to timely deliver to Seller written notice of Buyer’s objection(s) to the Proposed Estoppels, then Buyer shall be deemed to have approved the Proposed Estoppels. If Buyer timely delivers to Seller written notice of Buyer’s objection(s) to the Proposed Estoppels, then Seller shall modify or correct the Proposed Estoppels in response to Buyer’s objections, provided, however, Seller shall have no duty or obligation to modify a Proposed Estoppel that conforms to the requirements of Section 5.1(h) aboveabove or such Commercial Lease. Once the form of the Tenant Estoppel Certificates is established pursuant to the procedures set forth in this Section 5.1(h)(i), then Seller shall submit to the Tenants the Tenants Estoppel Certificates conforming to the Proposed Estoppels, as modified pursuant to this Section 5.1(h)(i), approved or deemed approved by Buyer pursuant to this Section 5.1(h)(i).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, Inc.)

Approval or Disapproval of Proposed Estoppel Certificates. At any time following the Effective Date and at least twenty (20) Business Days prior to the date upon which expiration of the Seller proposes to send the Estoppel Certificates to the TenantsInvestigation Period, Seller Sellers shall submit to Buyer copies of the Estoppel Certificates each Seller proposes to send to the Tenants (each, a “Proposed Estoppel” and collectively, the “Proposed Estoppels”). Within No later than ten (10) Business Days after Buyer’s receipt prior to the expiration of the Proposed EstoppelsInvestigation Period, Buyer shall notify Seller Sellers in writing as to any objection(s) Buyer has as to the form or content of the Proposed Estoppels. If Buyer fails to timely deliver to Seller Sellers written notice of Buyer’s objection(s) to the Proposed Estoppels, then Buyer shall be deemed to have approved the Proposed Estoppels. If Buyer timely delivers to Seller Sellers written notice of Buyer’s objection(s) to the Proposed Estoppels, then Seller Sellers shall modify or correct the Proposed Estoppels in response to Buyer’s objections, provided, however, Seller Sellers shall have no duty or obligation to modify a Proposed Estoppel that conforms to the requirements of Section 5.1(h) above. Once Provided that the form of the Tenant Estoppel Certificates is established pursuant to the procedures set forth in this Section 5.1(h)(i), then Seller within five (5) Business Days following Buyer’s delivery of Buyer’s Election Not to Terminate pursuant to Section 4.3 hereof, Sellers shall submit to the Tenants the Tenants Estoppel Certificates conforming to the Proposed Estoppels, as modified pursuant to this Section 5.1(h)(i), approved or deemed approved by Buyer pursuant to this Section 5.1(h)(i).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, L.P.)

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Approval or Disapproval of Proposed Estoppel Certificates. At any time following the Effective Date and prior to the date upon which the Seller proposes to send the Estoppel Certificates to the Tenants, Seller shall submit to Buyer copies of the Estoppel Certificates Seller proposes to send to the Tenants (each, a “Proposed Estoppel” and collectively, the “Proposed Estoppels”). Within ten (10) Business Days after Buyer’s receipt of the Proposed Estoppels, Buyer shall notify Seller in writing as to any objection(s) Buyer has as to the form or content of the Proposed Estoppels. If Buyer fails to timely deliver to Seller written notice of Buyer’s objection(s) to the Proposed Estoppels, then Buyer shall be deemed to have approved the Proposed Estoppels. If Buyer timely delivers to Seller written notice of Buyer’s objection(s) to the Proposed Estoppels, then Seller shall modify or correct the Proposed Estoppels in response to Buyer’s objections, provided, however, Seller shall have no duty or obligation to modify a Proposed Estoppel that conforms to the requirements of Section 5.1(h) aboveabove or such Lease. Once the form of the Tenant Estoppel Certificates is established pursuant to the procedures set forth in this Section 5.1(h)(i), then Seller shall submit to the Tenants the Tenants Estoppel Certificates conforming to the Proposed Estoppels, as modified pursuant to this Section 5.1(h)(i), approved or deemed approved by Buyer pursuant to this Section 5.1(h)(i).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, Inc.)

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