Delivery of Tenant Estoppel Certificates to Buyer. Seller will present to all tenants and will use commercially reasonable efforts to deliver to Buyer, not less than five (5) business days prior to the Closing Date, an estoppel letter from the Tenant of the Property in the form of attached Exhibit C or in such other form as may be reasonably acceptable to Buyer and Buyer’s lender (the "Tenant Estoppel Certificates"), each certified to Buyer and Buyer’s lender. It is an express condition of Buyer’s obligations under this Agreement that Seller shall deliver Tenant Estoppel Certificates, dated no more than thirty (30) days prior to Closing from Tenant with such Tenant Estoppel Certificate containing no material adverse facts or qualifications (the "Estoppel Minimum"). Seller’s failure to deliver the Estoppel Minimum will in no instance constitute a default by Seller under this Agreement, and in the event of such failure Buyer’s sole right will be either to terminate this Agreement or to waive the requirement for such estoppel letter (to the extent not provided) and proceed with Closing.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Building Bits Properties I, LLC), Purchase and Sale Agreement (Building Bits Properties I, LLC)
Delivery of Tenant Estoppel Certificates to Buyer. Seller will present to all both tenants and will use commercially reasonable efforts to deliver to Buyer, not less than five (5) business days prior to the Closing Date, an estoppel letter from the Tenant each tenant of the Property in the form of attached Exhibit C or in such other form as may be reasonably acceptable to Buyer and Buyer’s lender (the "Tenant Estoppel Certificates"), each certified to Buyer and Buyer’s lender. It is an express condition of Buyer’s obligations under this Agreement that Seller shall deliver Tenant Estoppel Certificates, dated no more than thirty (30) days prior to Closing from Tenant at Closing, in both cases with each of such Tenant Estoppel Certificate Certificates containing no material adverse facts or qualifications (the "Estoppel Minimum")qualifications. Seller’s failure to deliver the Tenant Estoppel Minimum Certificates will in no instance constitute a default by Seller under this Agreement, and in the event of such failure Buyer’s sole right will be either to terminate this Agreement or to waive the requirement for such estoppel letter letters (to the extent not provided) and proceed with Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Building Bits Properties I, LLC)
Delivery of Tenant Estoppel Certificates to Buyer. Seller will present to all tenants the tenant and will use commercially reasonable efforts to deliver to Buyer, not less than five (5) business days prior to the Closing Date, an estoppel letter from the Tenant tenant of the Property in the form of attached Exhibit C or in such other form as may be reasonably acceptable to Buyer and Buyer’s lender but nothing more nor contrary what tenant is required to provide under the Lease (the "Tenant Estoppel CertificatesCertificate"), each certified to Buyer and Buyer’s lender. It is an express condition of Buyer’s obligations under this Agreement that Seller shall deliver the Tenant Estoppel CertificatesCertificate, dated no more than thirty (30) days prior to Closing from Tenant the tenant of the Property, with such the Tenant Estoppel Certificate containing no material adverse facts or qualifications (the "Estoppel Minimum"). Seller’s failure to deliver the Estoppel Minimum will in no instance constitute a default by Seller under this Agreement, and in the event of such failure Buyer’s sole right will be either to terminate this Agreement or to waive the requirement for such estoppel letter (to the extent not provided) and proceed with Closing.]
Appears in 1 contract
Samples: Purchase and Sale Agreement (Building Bits Properties I, LLC)