Borrower Estoppel Sample Clauses
Borrower Estoppel. After request by Lender, Borrower shall, within twenty (20) days of such request (but in any event, unless a Default is continuing, not more frequently than twice per calendar year), furnish Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, no Default exists, (vii) that this Agreement, the Note, the Mortgage and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (viii) to Borrower’s knowledge, whether any offsets or defenses exist against the obligations secured hereby and, if any are alleged to exist, a detailed description thereof, (ix) that all Leases are in full force and effect and have not been modified (or if modified, setting forth all modifications), (x) the date to which the Payments thereunder have been paid pursuant to the Leases, (xi) whether or not, to the best knowledge of Borrower, any of the lessees under the Leases are in default in any material respect under the Leases, and, if any of the lessees are in default in any material respect setting forth the specific nature of all such defaults, (xii) the amount of security deposits held by Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiii) as to any other matters reasonably requested by Lender and reasonably related to the Leases, the obligations created and evidenced hereby and by the Mortgage or the Property.
Borrower Estoppel. To Borrower’s knowledge, each of the statements set forth in the estoppels delivered by the Ground Lessors to Lender in connection with the Loan remain true, complete and correct in all material respects as of the date hereof.
Borrower Estoppel. Borrower agrees that in the event Purchaser acquires the Loan Rights pursuant to this Agreement, Purchaser will not be subject to (i) any act, omission or breach of warranty or representation of the Lender, including, without limitation, failure by the Lender to take any action under the Loan Documents, failure of the Lender to make any advance under any of the Loan Documents, or to perform any of its obligations under the Loan Documents; (ii) any claim, cause of action, offset, defense or counterclaim which Borrower might be entitled to assert against the Lender or to Borrower's obligations under the Loan Documents (and Borrower hereby waives any such claims, causes of action, offsets, defenses or counterclaims); or (iii) any amendment or modification of the Loan Documents not consented to by Purchaser. Additionally, in such event, Purchaser shall not be liable for any fees, deposits or other funds paid by Borrower to the Lender which have not been conveyed to Purchaser, and neither the Lender nor Purchaser shall be required to make any advance of proceeds after Purchaser's acquisition of the Loan Rights.
Borrower Estoppel. Execution of this Second Amendment by Lenders shall be without prejudice to Lenders' rights at any time in the future to exercise any and all rights conferred upon them by any of the Loan Documents in accordance with their original terms as previously and hereby amended. Neither this Second Amendment nor any provision hereof or of any other documents given in connection herewith shall constitute or shall be construed to constitute a waiver of any default, right, or remedy of Lenders under the Loan Agreement, the Note or the other Loan Documents subsequent to the date hereof. Any failure by Lenders at any point in time during the term of the Note or the Loan Agreement, as amended and restated, to insist upon strict and timely compliance with the terms and provisions of each such document shall not be deemed a waiver either expressly or implied by Lenders of any of their rights under any such document nor shall the same excuse Borrower's obligation to strictly and timely perform its obligation hereunder and therein.
Borrower Estoppel. Borrower hereby acknowledges and confirms each of the following:
a. Lender and Original Lender have not waived any requirements of the Loan Documents nor any of Lender’s or Original Lender’s rights thereunder (other than the partial releases set forth in Sections 7, 8 and 9 hereof).
b. There has been no amendment or modification of the Loan Documents, except as expressly provided in this Agreement.
c. There are no facts that would support a claim of usury to defeat or avoid its obligation to repay the principal of, interest on, and other sums or amounts due and payable under the Loan Documents.
Borrower Estoppel. Execution of this Fourth Amendment by Lender shall be without prejudice to Lender's rights at any time in the future to exercise any and all rights conferred upon it by any of the Loan Documents in accordance with their original terms as previously and hereby amended. Neither the Fourth Amendment nor any provision hereof or of any other documents given in connection herewith shall constitute or shall be construed to constitute a waiver of any default, right, or remedy of Lender under the Note, the Promissory Note as amended and restated or the other Loan Documents subsequent to the date hereof. Any failure by Lender at any point in time during the term of the Note, the Promissory Note, the Loan Documents or the Inventory Loan Agreement or the Supplemental Loan Agreement to insist upon strict and timely compliance with the terms and provisions of each such document shall not be deemed a waiver either expressly or implied by Lender of any or its rights under any such document nor shall the same excuse Borrower's obligation to strictly and timely perform its obligation hereunder and therein.
Borrower Estoppel. Borrower warrants and represents that any and all information provided to the Lender is accurate and correct, that no promises or inducements or representation of whatever nature other than in- cluded within the four corners of the loan documents have been made, and un- derstands that Lender is relying upon any and all waivers, promises, covenants or other obligations contained herein or in the loan documents, and any information provided by the Borrower to the Lender, and, but for those provisions and representations, would not have made this loan to the Borrow- er. BORROWERS JOINTLY AND SEVERALLY ON THEIR OWN BEHALF AND THAT OF ANY SUC- CESSORS OR ASSIGNS DO HEREBY ESTOP THEMSELVES OR ANY OF THEM FROM DENYING OR DISPUTING ANY OF THESE PARTICULARS OR THE BORROWER’S RESPONSIBILITY THERE- FORE. Borrowers do hereby covenant and agree to from time to time upon the written request of the holder execute a written statement setting forth any change of any material fact or circumstance and detailing any complaint, problem or material circumstance whatsoever that any borrower might have with this loan, the property, or the holder.