Estoppel Certificate Attornment and Subordination. Tenant agrees, within ten (10) days after request by Landlord, to execute in recordable form and deliver to Landlord, or any person designated by Landlord, a written statement certifying, if appropriate, (a) that this Lease is unmodified and in full force and effect, (b) the Commencement Date, (c) that rent and all other charges due to Landlord from Tenant are paid currently without any off-set or defense thereto, (d) the amount of rent, if any, paid in advance, (e) whether the Lease has been modified and, if so, identifying the modifications, (f) that there are no uncured defaults by Landlord or stating those claimed by Tenant, provided that, in fact, such facts are accurate and ascertainable, and (g) such other matters pertaining to this Lease and Tenant's occupancy of the Demised Premises as Landlord may request. If any proceedings are brought for the foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Demised Premises, Tenant hereby attorns to, and covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest as the Landlord under this Lease. Tenant agrees that this Lease shall at the request of the Landlord, be subordinate to any first mortgages or deeds of trust that may hereafter by placed upon the Project and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof provided the mortgagee named in said mortgages shall agree to recognize this Lease and execute a non disturbance agreement guaranteeing Tenant's rights to quiet enjoyment of the Demised Premises in the event of foreclosure if Tenant is not in default. Tenant also agrees that any mortgagee may elect to have this Lease a prior lien to its mortgage, and in the event of such election and upon notification by such mortgagee to Tenant to that effect, this Lease shall be deemed prior to lien to the said mortgage, whether this Lease is dated prior to or subsequent to the date of said mortgage. Tenant agrees, that upon the request of Landlord, or any mortgagee, it shall execute whatever instruments may be required to carry out the intent of this Section. Failure of Tenant to execute any statement or instrument necessary or desirable to effectuate the foregoing provisions of this Section within twenty (20) day...
Estoppel Certificate Attornment and Subordination. 21.1. Within ten (10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement in favor of Landlord or any prospective purchaser or mortgagee of Landlord's Parcel or any other part thereof certifying (a) that Tenant is the tenant under this Lease; (b) that Landlord has completed construction of the Premises (or if Landlord has not completed construction of the Premises, then stating the construction items to be completed by Landlord); (c) that all contributions, if any, required by Landlord for improvements to the Premises have been paid in full to Tenant (or if such contributions, if any, have not been paid in full to Tenant, then stating the amount of contribution remaining to be paid to Tenant); (d) that Tenant has accepted possession of and, if true, now occupies the Premises; (e) the date on which the Term commenced, the date on which the Effective Date occurred and the date on which the Term expires; (f) that no defaults exist under this Lease on the part of Tenant, or, to the knowledge of Tenant, on the part of Landlord (or if defaults exist, then specifically stating such defaults); (g) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); (h) that Tenant's interest under this Lease has not been assigned or encumbered, and the Premises have not been sublet (or if there have been assignments or encumbrances or the Premises have been sublet, then stating such assignments, encumbrances or subleases and providing copies of all documents relevant thereto); (i) the amount of Minimum Rent and all items of additional rent payable under this Lease and the dates to which any Minimum Rent and all items of additional rent payable under this Lease have been paid; (j) that Tenant is not entitled to any credit, offset or deduction against any Minimum Rent and any item of additional rent due under this Lease (or if Tenant is entitled to a credit, offset or deduction, then stating the amount of such credit, offset or deduction and the basis therefor); (k) that Tenant does not have any options or rights to renew or cancel this Lease (or if Tenant shall have options or rights to renew or cancel this Lease, then stating such options or rights); (l) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy or insolvency laws of the United States or a...
Estoppel Certificate Attornment and Subordination. 32 16.01 Estoppel Certificate 32 16.02 Attornment 33 16.03 Subordination 33 16.04 Recording 33 ARTICLE 17: MISCELLANEOUS 34 17.01 Notices 34 17.02 Successors Bound 34 17.03 Waiver 34 17.04 Subdivision and Easements 34 17.05 Landlord's Reserved Rights in Common Areas 35 17.06 Accord and Satisfaction 35 17.07 Limitation of Landlord's and Tenant's personal liabilities 35 17.08 Survival 35
Estoppel Certificate Attornment and Subordination. 47 P. MISCELLANEOUS.................................................................................................. 50 Q. TENANT'S PURCHASE OPTION....................................................................................... 56 A-3 Exhibits: A - Site Plan B - Xxx Xxxxx Xxxxxxxxxxx X - Xxxxx Xxxx X - Xxxxxxxx Xxxx Letter E - Form of Estoppel Certificate F - form of Subordination, Non-Disturbance and Attornment Agreement
Estoppel Certificate Attornment and Subordination. O-1. Estoppel Certificate --------------------
Estoppel Certificate Attornment and Subordination. A. Within ten (10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement certifying that Tenant has accepted possession of the demised premises, that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified and stating the modifications), and the dates to which the Base Rent and other charges or deposits have been paid. It is intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of the realty comprising the center.
Estoppel Certificate Attornment and Subordination. 12.1Subordination 51 12.1.1 Landlord’s Election 51 12.1.2 Execution of Documents 51 12.2Attornment 51 12.3Signing of Documents 51 12.4Estoppel Certificates 52 12.4.1 Landlord’s Request 52 12.4.2 Failure to Deliver 52 12.5Tenant’s Financial Condition 52 XIII LIABILITY
Estoppel Certificate Attornment and Subordination. 22.1 Within ten (10) days after request by Lessor, Lessee shall deliver to Lessor a written and acknowledged statement certifying that Lessee has accepted possession of the Demised Premises, that this Lease is unmodified and in full force and effect or if there have been modifications, that the same is in full force and effect as modified and stating the modifications, and the dates to which the rent and other charges have been paid in advance, if any, and any other factual representations Lessor may request, it being intended that any such statement may be relied upon by any prospective purchaser or mortgagee of the fee or the Building or any other legal estates of which the Demised Premises form a part.
Estoppel Certificate Attornment and Subordination. 17.1 Within ten (10) days after written request by Landlord, Tenant shall deliver to Landlord a written acknowledged statement certifying the Tenant has accepted possession of the Premises, that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), such other factual matter as may be requested by Landlord, and the dates to which the rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the Property or any portion thereof.
Estoppel Certificate Attornment and Subordination
