Declaration Estoppel Certificate Sample Clauses

Declaration Estoppel Certificate. Declaration Estoppel Certificate substantially in the form of EXHIBIT G-2 executed by the Declarant under that certain instrument entitled "Best on the Boulevard Shopping Center Grant of Reciprocal Easements and Declaration of Restrictions" dated November 30, 1994, recorded on December 9, 1994, in Book 941209, Document No. 01660 of the Official Records of Xxxxx County, Nevada affecting Parcels 1, 3 and 4. Seller shall not be obligated to expend any funds in connection with obtaining any such Declaration Estoppel Certificate, and the failure of Seller to obtain any such Declaration Estoppel Certificate shall not be a breach or default hereunder. If Seller is unable to deliver the Declaration Estoppel Certificate referred to in this SECTION 7.3.8, then Purchaser's sole remedies and recourses shall be limited to either (a) waiving the requirement for the Declaration Estoppel Certificate in question and proceeding to Closing without reduction of the Purchase Price or (b) terminating this Agreement by immediate notification to Seller, in which event this Agreement shall be terminated as provided for in SECTION 10.2. Either decision must be made within three (3) business days of receipt of the Declaration Estoppel Certificate or Purchaser will be deemed to have elected to proceed under (a) above. The parties further agree that Seller may extend the Closing for a period of up to but not in excess of fifteen (15) days in order to permit Seller additional time to secure the requested Declaration Estoppel Certificate.
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Declaration Estoppel Certificate. One (1) original of the Declaration Estoppel Certificate, duly executed by the Association.
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Declaration Estoppel Certificate. Prior to Closing, Seller shall -------------------------------- obtain from the Owner's Association under the Declaration a written certificate stating the amount of Assessments for which Seller is liable and whether such Assessments have been paid in full as provided in Section 13.9 of the Declaration.
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Declaration Estoppel Certificate. Seller shall make commercially reasonable efforts to deliver to Purchaser, at least five (5) days prior to the Closing Date, an original, executed estoppel certificate from Las Colinas Association ("Association"), addressed to Purchaser, Purchaser's lender and Seller, stating the annual assessment amount payable to the Association with respect to the Property, the period covered by such assessment, any unpaid amount owed to the Association with respect to the Property, and any outstanding defaults relating to the Property under the applicable declaration of covenants, conditions and restrictions ("Declaration Estoppel").
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Declaration Estoppel Certificate. Seller shall use commercially reasonable efforts (and, as used in this Agreement, commercially reasonable efforts shall not be deemed to include any obligation to institute legal proceedings, deliver notices of default or to expend any monies) to obtain an estoppel certificate, which certificate shall be substantially in the form attached hereto and made a part hereof as Exhibit CC (the “Declaration Estoppel Certificate”), from the owner of Atlantic Center Plaza (the “ACP Owner”), in connection with that certain Reciprocal Development and Easements Declaration made by ACA I, dated April 12, 1989, recorded April 12, 1989 in Deed Book 12413, Page 69, aforesaid records, as modified by First Modification of Reciprocal Development and Easements Declaration by Seller and Atlantic Center, Inc., dated August 20, 1998, recorded August 21, 1998, in Deed Book 25020, Page 1, aforesaid records (the “RDED”). Purchaser shall have no right to object to the Declaration Estoppel Certificate in the event the Declaration Estoppel Certificate contains the information required to be given by the ACP Owner under the terms of the RDED (as distinguished from the form of Declaration Estoppel Certificate attached hereto), provided the information contained in such Declaration Estoppel Certificate does not conflict with the terms of the RDED. Obtaining the Declaration Estoppel Certificate from the ACP Owner as described in this Section 4.9 is a condition precedent to Purchaser’s obligation to consummate the transactions contemplated by this Agreement; provided, however, in the event Seller is unable to obtain such estoppel, Seller shall have the right (but not the obligation) to deliver to Purchaser on the Closing Date a certificate in the form attached hereto and made a part hereof as Exhibit DD (the “Seller’s Declaration Estoppel Certificate”) executed by Seller and, in such event, Seller shall be deemed to have delivered the Declaration Estoppel Certificate under this Section 4.9 (and Purchaser shall have no right to terminate this Agreement for failure to deliver the Declaration Estoppel Certificate under this Section 4.9).
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Declaration Estoppel Certificate. Seller shall use commercially reasonable efforts to obtain and deliver to Purchaser prior to Closing a written Declaration Estoppel Certificate for the Declaration executed by the appropriate parties thereto, prepared by Purchaser in the form and content reasonable acceptable to Purchaser which otherwise provides certifications reasonably satisfactory to Purchaser and Purchaser’s lender (if applicable), which at a minimum shall (i) be dated within thirty (30) days prior to the Closing Date, (ii) confirm the monetary obligations of the owner of the Property, including any annual maintenance assessments, and (iii) confirm the absence of any defaults by Seller, Tenant and Underlying Landlord under the Declaration as of the date thereof. Any failure to obtain the Declaration Estoppel Certificate shall not be deemed a default by Seller hereunder.
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Declaration Estoppel Certificate. Seller shall, at Purchaser’s expense, submit a written Declaration Estoppel Certificate to the parties designated by Purchaser under each Declaration and shall use commercially reasonable efforts to pursue obtaining such Declaration Estoppel Certificates prior to the expiration of the Inspection Period; each Declaration Estoppel Certificate shall be prepared by Purchaser in the form attached hereto as Schedule 5 or otherwise shall provide certifications reasonably satisfactory to Purchaser and Purchaser’s Lender (if applicable), and at a minimum shall (i) be dated within thirty (30) days prior to the Closing Date, (ii) confirm the monetary obligations of the owner of the Property, including any annual maintenance assessments, and (iii) confirm the absence of any defaults by Seller and Tenant under the Declaration as of the date thereof. The failure of Seller to obtain a Declaration Estoppel Certificate for each Declaration shall not constitute an event of default by Seller hereunder, nor shall receipt of the same constitute a Purchaser Condition Precedent to Closing under Section 6.1.
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Declaration Estoppel Certificate. To the extent any recorded or unrecorded declaration of covenants, conditions, restrictions or easements apply to the Land (a “Declaration”), and if requested by Purchaser in writing, Seller shall, in good faith, attempt to obtain and deliver to Purchaser prior to Closing an original written Declaration Estoppel Certificate executed by the appropriate parties, in form and content reasonably acceptable to Purchaser and Purchaser’s Lender (if applicable), which certificate shall (i) be dated within thirty (30) days prior to the Closing Date, (ii) confirm the monetary obligations of the owner of the Property, including any annual maintenance assessments, and (iii) confirm the absence of any defaults by Seller and Tenant under the Declaration as of the date thereof (the “Declaration Estoppel Certificate”). Notwithstanding anything in this Agreement to the contrary, in no event shall Seller’s failure to obtain and deliver the Declaration Estoppel Certain as provided herein shall constitute a default by Seller hereunder, unless Seller fails to make a good faith attempt to request the same from the appropriate parties.
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Declaration Estoppel Certificate. Seller shall use commercially reasonable efforts to obtain and deliver to Purchaser prior to Closing an original written Declaration Estoppel Certificate for each Declaration executed by the appropriate parties as provided for in Section 6.1(g).
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Related to Declaration Estoppel Certificate

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

  • Tenant Estoppel Certificate Please refer to the documents described in Schedule 1 hereto, (the “Lease Documents”) including the “Lease” therein described; all defined terms in this Certificate shall have the same meanings as set forth in the Lease unless otherwise expressly set forth herein. The undersigned Tenant hereby certifies that it is the tenant under the Lease. Tenant hereby further acknowledges that it has been advised that the Lease may be collaterally assigned in connection with a proposed financing secured by the Property and/or may be assigned in connection with a sale of the Property and certifies both to Landlord and to any and all prospective mortgagees and purchasers of the Property, including any trustee on behalf of any holders of notes or other similar instruments, any holders from time to time of such notes or other instruments, and their respective successors and assigns (the “Beneficiaries”) that as of the date hereof:

  • Tenant Estoppel Certificates (a) Seller agrees from and after receipt of the Assumption Approval as set forth in Section 9.1 and provided this Agreement is in full force and effect, within five (5) business days after being requested by Purchaser to do so, to deliver to all tenants of the Property a request for an estoppel certificate in the form of EXHIBIT D attached hereto, which form may be revised if so requested by the Existing Lender. The parties agree that, subject to the provisions of subparagraph (b) below, it shall be a condition to Purchaser's obligation to close under this Agreement that an estoppel certificate either substantially in the form of EXHIBIT D or in the form required by a tenant's Lease, dated not earlier than ten (10) business days prior to the Closing Date, be delivered to Purchaser no later than five (5) business days before Closing from tenants under the Leases occupying, in the aggregate, not less than 75% of the rentable area of the Property, including all tenants occupying at least a full floor or more of space (a "TENANT ESTOPPEL"), Seller agrees to use good faith efforts to obtain such Tenant Estoppels, provided however, Seller shall not be obligated to pay tenants in order to do so. Notwithstanding the foregoing, if at Closing Seller delivers such Tenant Estoppels from tenants occupying at least 60% of the rentable area of the Property, Seller may execute and deliver to Purchaser, at Closing, its own certificate with respect to tenants occupying up to an additional 15% of the rentable area of the Property (substantially in the form of EXHIBIT D or in the form required by a tenant's Lease, appropriately modified to reflect that they are certificates of Seller and made to Seller's knowledge; hereinafter, the "SELLER'S ESTOPPEL CERTIFICATE") and the statements of Seller contained therein shall survive the Closing until the earlier of (a) one hundred and eighty (180) days after Closing, or (b) the date Purchaser obtains an estoppel certificate from a tenant for whom Seller delivered a Seller's Estoppel Certificate.

  • Estoppel Certificates Within ten (10) Business Days after the written request of Landlord, Tenant shall execute, acknowledge and deliver to Landlord a written statement in the form attached hereto as Exhibit K or in such other form as may be reasonably requested by Landlord, certifying (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how); (ii) that this Lease has not been canceled or terminated and is in full force and effect; (iii) the last date of payment of Base Rent and other charges and the time period covered; (iv) to the best of Tenant’s knowledge, that Landlord is not in default under this Lease (or if in default, describing it in reasonable detail); and (v) such other information with respect to Tenant as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may reasonably require. Landlord may deliver any such statement by Tenant to any prospective purchaser or encumbrancer, which parties may rely conclusively upon such statement as true and correct. If Tenant does not deliver such statement to Landlord within such 10-Business Day period, Landlord, and any such prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as represented by Landlord; (ii) that this Lease has not been canceled or terminated and is in full force and effect, except as otherwise represented by Landlord; (iii) that not more than one (1) month’s Base Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under this Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Within ten (10) Business Days after the written request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a written statement in such form as may be reasonably requested by Tenant, certifying (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how); (ii) that this Lease has not been canceled or terminated and is in full force and effect; (iii) the last date of payment of Base Rent and other charges and the time period covered; (iv) to the best of Landlord’s knowledge, that Tenant is not in default under this Lease (or if in default, describing it in reasonable detail); and (v) such other information with respect to Landlord as Tenant may reasonably request or which any prospective encumbrancer of the Tenant’s equipment or personal property in accordance with the provisions of Section 12.01 may reasonably require. Tenant may deliver any such statement by Landlord to any such prospective encumbrancer, which parties may rely conclusively upon such statement as true and correct.

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