Common use of Estoppel Certificate, Acknowledgment Clause in Contracts

Estoppel Certificate, Acknowledgment. (a) Whenever requested by the Lessor, a mortgagee or an encumbrance holder or other third party having any interest in the Lands, the Lessee shall within ten (10) days of the request execute and deliver an Estoppel Certificate or other form of certified acknowledgment as to the Commencement Date, the status and the validity of this Lease, the state of the rental account hereunder, any incurred defaults on the part of the Lessor alleged by the Lessee, and such other information as may reasonably be required, including, if requested, a copy of the Lessee’s most recent audited financial statements. (b) Lessee’s failure to deliver such certificate or acknowledgment within the time provided shall constitute default hereunder and shall be conclusive against the Lessee that the information set out in the certificate or acknowledgment which the Lessee was requested to execute is as set out in such certificate or acknowledgment.

Appears in 2 contracts

Samples: Lease Agreement (NUCRYST Pharmaceuticals Corp.), Lease Agreement (NUCRYST Pharmaceuticals Corp.)

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Estoppel Certificate, Acknowledgment. (a) Whenever requested by the LessorLandlord, a mortgagee or mortgagee, an encumbrance holder or other third party having any interest in the LandsPremises, the Lessee Tenant shall within ten (10) days of the request execute and deliver an Estoppel Certificate estoppel certificate or other form of certified acknowledgment as to the Commencement Date, the status and the validity of this Lease, the state of the rental account hereunder, any incurred defaults on the part of the Lessor Landlord alleged by the LesseeTenant, and such other information as may reasonably be required, including, if requested, a copy of the Lessee’s Tenant's most recent audited financial statements. (b) Lessee’s Tenant's failure to deliver such certificate or acknowledgment within the time provided shall constitute default hereunder and shall be conclusive against the Lessee Tenant that the information set out in the certificate or acknowledgment which the Lessee Tenant was requested to execute is as set out in such certificate or acknowledgment.

Appears in 1 contract

Samples: Renewal Lease Agreement (Nacg Finance LLC)

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Estoppel Certificate, Acknowledgment. (a) Whenever requested by the LessorLandlord, a mortgagee or mortgagee, an encumbrance holder or other third party having any interest in the LandsPremises, the Lessee Tenant shall within ten (10) days of the request execute and deliver an Estoppel Certificate estoppel certificate or other form of certified acknowledgment as to the Commencement Date, the status and the validity of this Lease, the state of the rental account hereunder, any incurred defaults on the part of the Lessor Landlord alleged by the LesseeTenant, and such other information as may reasonably be required, including, if requested, a copy of the LesseeTenant’s most recent audited financial statements. (b) LesseeTenant’s failure to deliver such certificate or acknowledgment within the time provided shall constitute default hereunder and shall be conclusive against the Lessee Tenant that the information set out in the certificate or acknowledgment which the Lessee Tenant was requested to execute is as set out but in such certificate or acknowledgment.

Appears in 1 contract

Samples: Lease Amendment and Consent Agreement (NACG Holdings Inc.)

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