Common use of ESTOPPEL CERTIFICATE BY TENANT Clause in Contracts

ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees, at any time and from time to time, within ten (10) Business Days after written request by Landlord or any holder of a mortgage on all or a portion of the Project or the ground lessor thereof, (a) to execute, acknowledge and deliver to Landlord a statement in writing certifying that (except as may be otherwise specified by Tenant): (i) this Lease is presently in full force and effect and unmodified; (ii) Tenant has accepted possession of the Premises; (iii) any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; (iv) no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (v) the addresses for notices to be sent to Tenant is as set forth in this Lease or as specified in such certificate; (vi) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease, or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the best of Tenant’s knowledge, Landlord is not in default of this Lease; and (ix) such other information as Landlord may reasonably request about this Lease or Tenant’s occupancy; and (b) to deliver information in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations as may be found in Tenant’s then-most-recent annual audited financial statement, but only if such recipients agree in writing to keep such information confidential.

ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees, at any time and from time to time, within ten (10) Business Days after written request by Landlord or any holder of a mortgage on all or a portion of the Project or the ground lessor thereof, (a) to execute, acknowledge and deliver to Landlord a statement in writing certifying that (except as may be otherwise specified by Tenant): (i) this Lease is presently in full force and effect and unmodified; (ii) Tenant has accepted possession of the Premises; (iii) any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; (iv) no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (v) the addresses for notices to be sent to Tenant is as set forth in this Lease or as specified in such certificate; (vi) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease, or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the best of Tenant’s knowledge, Landlord is not in default of this Lease; and (ix) such other information as Landlord may reasonably request about this Lease or Tenant’s occupancy; and (b) to deliver information in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations as may be found in reasonably requested, including but not limited to historic and current financial statements of Tenant’s then-most-recent annual audited financial statement, but only if such recipients agree in writing to keep such information confidential.

ESTOPPEL CERTIFICATE BY TENANT. Upon request, but no more than twice per calendar year, Tenant agrees, at any time and from time shall deliver to timeLandlord, within ten (10) Business Days days after written request by Landlord or any holder receipt of said request, a mortgage on all or a portion of the Project or the ground lessor thereof, (a) to execute, acknowledge and deliver to Landlord a statement in writing certifying that (except duly executed estoppel certificate as may be otherwise specified required by Tenant): Landlord attesting to such facts regarding this lease as Landlord may reasonably require, including without limitation, that (i) this lease is in full force and effect, binding and enforceable in accordance with its terms and unmodified; (ii) no default exists on the part of Landlord or Tenant under this Lease; (iii) there are no events which, with the passage of time or the giving of notice or both, would create a default under this Lease; (iv) no rent in excess of one month's rent has been collected in advance under this Lease; (v) Tenant has received no notice of any other sale, assignment, transfer, mortgage or pledge of this Lease or the rents due hereunder; (vi) Tenant has no defense, setoff or counterclaim against Landlord; (vii) this lease has not been modified, supplemented or amended; (viii) that Tenant is in possession of the Premises; (ix) the amount of Rent and the dates through which Rent has been paid; and (x) the amount of any Security Deposit held by Landlord. Failure to deliver the certificate within ten (10) days after request by Landlord shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord that this Lease is presently in full force and effect and unmodified; (ii) Tenant has accepted possession of the Premises; (iii) any improvements required by the terms of this Lease to be made by Landlord have not been completed to the satisfaction of Tenant; (iv) no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (v) the addresses for notices to be sent to Tenant is as set forth in this Lease or as specified in such certificate; (vi) Tenant as of the date of executing the certificate has no chargemodified, lien or claim of offset under this Leasesupplemented, or otherwiseamended, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the best of Tenant’s knowledge, Landlord is not in default of this Lease; and (ix) such other information as Landlord may reasonably request about this Lease or Tenant’s occupancy; and (b) to deliver information in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations except as may be found in Tenant’s thenrepresented by the party requesting the certificate. If Tenant fails to deliver the certificate within ten (10) days after requested by Landlord, then by such failure Tenant shall irrevocably constitute and appoint Landlord as its attorney-mostin-recent annual audited financial statement, but only if such recipients agree in writing fact to keep such information confidentialexecute and deliver the certificate to any third party.

ESTOPPEL CERTIFICATE BY TENANT. Tenant agreesshall execute, acknowledge and deliver to Agency (or at any time and from time Agency’s request, to timea prospective purchaser or mortgagee of Agency’s interest in the Premises), within ten fifteen (1015) Business Days business days after written request by Landlord or any holder a request, a certificate stating to the best of a mortgage on all or a portion of the Project or the ground lessor thereof, Tenant’s knowledge after diligent inquiry (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the modifications or, if this Lease is not in full force and effect, so stating), (b) the dates, if any, to which any Rent and other sums payable hereunder have been paid, (c) that no notice has been received by Tenant of any default hereunder which has not been cured, except as to defaults specified in such certificate and (d) any other matter actually known to Tenant, directly related to this Lease and reasonably requested by Agency. In addition, if requested, Tenant shall attach to such certificate a copy of this Lease, and any amendments thereto, and include in such certificate a statement by Tenant that, to the best of its knowledge, such attachment is a true, correct and complete copy of this Lease, as applicable, including all modifications thereto. Any such certificate may be relied upon by any Agency, any successor agency, and any prospective purchaser or mortgagee of the Premises or any part of Agency’s interest therein. Tenant will also use commercially reasonable efforts (including inserting a provision similar to this Section into each Sublease) to cause Subtenants under Subleases to execute, acknowledge and deliver to Landlord a statement Agency, within twenty (20) business days after request, an estoppel certificate covering the matters described in writing certifying that clauses (except as may a), (b), (c) and (d) above with respect to such Sublease, but Tenant shall not be otherwise specified by Tenant): (i) this Lease is presently in full force and effect and unmodified; (ii) Tenant has accepted possession of the Premises; (iii) any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; (iv) no rent under this Lease has been paid more than thirty (30) days in advance of its due date; (v) the addresses for notices to be sent to Tenant is as set forth in this Lease or as specified in such certificate; (vi) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease, or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) hereunder for failure of such Subtenants to the best of Tenant’s knowledgecomply with such provisions, Landlord is not in default of this Lease; and (ix) nor shall Tenant be obligated to take any action against such other information as Landlord may reasonably request about this Lease or Tenant’s occupancy; and (b) Subtenants for failure to deliver information in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations as may be found in Tenant’s then-most-recent annual audited financial statement, but only if such recipients agree in writing to keep such information confidentialso comply.

ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees, at any time and from time to time, within ten (10) Business Days after written request by Landlord or any holder of a mortgage on all or a portion of the Project or the ground lessor thereof, (a) to will execute, acknowledge and deliver to Landlord within ten (10) days after receipt of Landlord’s written request therefore, a statement in writing certifying certificate certifying: (a) that (except as may be otherwise specified by Tenant): (i) this Lease is presently unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and unmodifiedeffect as modified, and stating the modification); (iib) Tenant has accepted possession of the Premises; (iii) any improvements required by the terms of this Lease dates, if any, to be made by Landlord which Minimum Base Rent, Percentage Rent and other sums payable hereunder have been completed to the satisfaction of Tenant; paid, (ivc) that no rent under this Lease notice has been paid more than thirty (30) days in advance received by Tenant of its due date; (v) the addresses for notices any Default which has not been cured except as to be sent to Tenant is as set forth in this Lease or as Defaults specified in such said certificate; (vid) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease, or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the best of Tenant’s knowledge, that Landlord is not in default of this Leasehereunder except as specified in the certificate; and (ixe) any other matters reasonably requested and related to this Lease. In the event Tenant fails to execute and return such other information certificate to Landlord within said ten (10) day period, Landlord may, at its option, treat failure to deliver such statement as a material default of the lease, or Landlord may reasonably request about this Lease execute such certificate on Xxxxxx’s behalf and agrees to provide Tenant with a copy of said certificate. Any such certificate, whether executed by Tenant or Landlord on Tenant’s occupancy; behalf, shall be binding upon Tenant and (b) to deliver information in form satisfactory to Landlord and such holder or ground lessor concerning Tenant’s operations as may be found in Tenant’s then-most-recent annual audited financial statement, but only if such recipients agree in writing to keep such information confidentialrelied upon by any prospective purchaser or Mortgagee of the Premises or any part thereof.

ESTOPPEL CERTIFICATE BY TENANT. Tenant agrees, at any time and from time to time, within ten (10) Business Days after written request by Landlord or any holder of a mortgage on all or a portion of the Project or the ground lessor thereof, (a) to will execute, acknowledge and deliver to Landlord within ten (10) days after receipt of Landlord’s written request therefore, a statement in writing certifying certificate certifying: (a) that (except as may be otherwise specified by Tenant): (i) this Lease is presently unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and unmodifiedeffect as modified, and stating the modification); (iib) Tenant has accepted possession of the Premises; (iii) any improvements required by the terms of this Lease dates, if any, to be made by Landlord which Minimum Base Rent, Percentage Rent and other sums payable hereunder have been completed to the satisfaction of Tenant; paid, (ivc) that no rent under this Lease notice has been paid more than thirty (30) days in advance received by Tenant of its due date; (v) the addresses for notices any Default which has not been cured except as to be sent to Tenant is as set forth in this Lease or as Defaults specified in such said certificate; (vid) Tenant as of the date of executing the certificate has no charge, lien or claim of offset under this Lease, or otherwise, against rents or other charges due or to become due hereunder; (vii) Tenant is not in default under this Lease; (viii) to the best of Tenant’s knowledge, that Landlord is not in default of this Leasehereunder except as specified in the certificate; and (ixe) any other matters reasonably requested and related to this Lease. In the event Tenant fails to execute and return such other information certificate to Landlord within said ten (10) day period, Landlord may, at its option, treat failure to deliver such statement as a material default of the lease, or Landlord may reasonably request about this Lease or execute such certificate on Tenant’s occupancy; behalf and (b) agrees to deliver information in form satisfactory to provide Tenant with a copy of said certificate. Any such certificate, whether executed by Tenant or Landlord and such holder or ground lessor concerning on Tenant’s operations as behalf, shall be binding upon Tenant and may be found in Tenant’s then-most-recent annual audited financial statement, but only if such recipients agree in writing to keep such information confidentialrelied upon by any prospective purchaser or Mortgagee of the Premises or any part thereof.