Common use of Certificate Requirements Clause in Contracts

Certificate Requirements. Upon Landlord's written request or the written request of any mortgagee or beneficiary under a deed of trust encumbering the Premises but not more than twice in any calendar year, Tenant shall execute, acknowledge and deliver to Landlord or to any mortgagee or beneficiary under a deed of trust encumbering the Premises, as the case may be, a written statement in the form attached hereto as Exhibit "F" or such other form as is then reasonably required by Landlord's lender, certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Premises may reasonably require. Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Premises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)

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Certificate Requirements. Upon Landlord's written request or the written request of any mortgagee or beneficiary under a deed of trust encumbering the Premises Premises, but not more than twice in any calendar year, Tenant shall execute, acknowledge and deliver to Landlord or to any mortgagee or beneficiary under a deed of trust encumbering the Premises, as the case may be, a written statement in the form attached hereto as Exhibit "F" or such other form as is then reasonably required by Landlord's lender, certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Premises may reasonably require. Tenant shall deliver such statement to Landlord within ten (10) business days after Tenant's receipt of Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Premises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Home Interiors & Gifts Inc)

Certificate Requirements. Upon Within twenty (20) days after receipt of Landlord's ’s written request or the written request of any mortgagee or beneficiary under a deed of trust encumbering the Premises but not more than twice in any calendar yearPremises, Tenant shall execute, acknowledge and deliver to Landlord or to any mortgagee or beneficiary under a deed of trust encumbering the Premises, as the case may be, a written statement in the form attached hereto as Exhibit "F" “E” or such other form as is then reasonably required by Landlord's ’s lender, certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other factual representations or factual information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Premises may reasonably require. Tenant shall deliver such statement to Landlord within ten twenty (1020) business days after receipt of Landlord's ’s written request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Premises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. Upon Tenant’s written request or upon the written request of any lender, purchaser, merger partner, subtenant or assignee of Tenant (a “Requesting Party”), Landlord shall execute, acknowledge and deliver to Tenant and to the applicable Requesting Party a written statement certifying; (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Tenant is not in Default under this Lease (or, if Tenant is claimed to be in Default, stating why); and (v) such other factual representations or factual information with respect to Landlord, Tenant or the Lease as Tenant or the Requesting Party may reasonably request (so long as such document does not materially adversely affect Landlord’s rights under this Lease). Landlord shall deliver such statement to Tenant within twenty (20) days after receipt of Tenant’s or the Requesting Party’s written request. Tenant may give any such statement by Landlord to any prospective lender, purchaser, merger partner, subtenant or assignee of Tenant.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Network Engines Inc)

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Certificate Requirements. Upon Landlord's written request or the written request of any mortgagee or beneficiary under a deed of trust encumbering the Premises but not more than twice in any calendar yearPremises, Tenant shall execute, acknowledge and deliver to Landlord or to any mortgagee or beneficiary under a deed of trust encumbering the Premises, as the case may be, a written statement in the form attached hereto as Exhibit "F" or such other form as is then reasonably required by Landlord's lender, certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Premises may reasonably require. Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Premises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)

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