Estoppel Certificate Financial Statements. At all times during the Term, Tenant shall, within ten (10) days following request by Landlord therefor and without charge, execute, acknowledge and deliver to Landlord any and all documents, estoppel certificates, and current financial statements (audited to the extent available) of Tenant requested by Landlord in connection with the sale or financing of the Project or requested by a lender making a loan affecting the Project. Landlord may require Tenant in any estoppel certificate to: (i) certify that this Lease is unmodified, 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) and has not been assigned, (ii) acknowledge that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, (iii) certify the date to which Rentals and other charges are paid in advance, if any, (iv) certify the current amount of Base Rent due under the Lease; (v) evidence the status of this Lease as may be reasonably required; (vi) certify such other matters relating to this Lease and/or the Project as may be requested by a lender making a loan to Landlord or a purchaser of Landlord’s interest in the Project. Any such estoppel certificate may be conclusively relied upon by any prospective purchaser or encumbrancer of Landlord’s interest. Any financial statement of Tenant shall include an opinion of a certified public accountant (if available) and a balance sheet and profit and loss statement for the most recent fiscal year, all prepared in accordance with generally accepted accounting principles consistently applied. Tenant’s failure to deliver the statement described in this Section 16.6 above within the time specified therein shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, and has not been assigned, (ii) there are no uncured defaults in Landlord’s performance, (iii) no Rentals have been paid in advance except those that are set forth in this Lease. If Tenant fails to deliver the estoppel statement described in this Section above within the time specified therein, Tenant hereby irrevocably constitutes and appoints Landlord as Tenant’s special attorney-in-fact to execute and deliver the statement to any third party. Tenant’s failure to deliver any financial statements, estoppel certificates or othe...
Estoppel Certificate Financial Statements. ESTOPPEL CERTIFICATE
Estoppel Certificate Financial Statements. (a) Lessee shall at any time upon not less than ten (10) days' prior written notice from Lessor execute, acknowledge and deliver to Lessor a statement in writing (I) 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) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises.
(b) At Lessor's option, Lessee's failure to deliver such statement within such time shall be conclusive upon Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by Lessor, (ii) that there are no uncured defaults in Lessor's performance, and (iii) that not more than one month's rent has been paid in advance. Any such statement may be conclusively relied upon by a prospective purchaser or encumbrancer of Lessor's interest in the Premises.
(c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee hereby agrees to deliver to any lender or purchaser designated by Lessor such annual audited financial statements of Lessee as have been prepared by Lessee in the ordinary course of business and s may be reasonably required by such lender or purchaser. Such statements shall include the past three years' financial statements of Lessee. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth.
(d) Upon request of Lessee, Lessor shall provide to Lessee an estoppel certificate signed by Lessor, containing the same types of information, and within the same periods of time, as set forth in Paragraph 16(a) above, with such changes as are reasonably necessary to reflect that the estoppel certificate is being granted and signed by Lessor to Lessee, rather than from Lessee to Lessor. Any such statement may be conclusively relied upon by a prospective assignee, subtenant or other transferee of Lessee's interest in the Premises.
Estoppel Certificate Financial Statements. A. Estoppel Certificate
Estoppel Certificate Financial Statements. Tenant shall, at any time and from time to time within ten business (10) days after written request therefor by Landlord, without change, deliver a certificate to Landlord or to any person or entity designated by Landlord, certifying the date the Lease term commenced, the date the rent commenced and is paid through, the amount of rent and other charges due under the Lease, the expiration date of the Lease term, that this Lease is then in full force and effect, setting forth the amount and nature of modifications, defenses, or offsets, if any, claimed by Tenant, and any other matter concerning the Lease, the Tenant, or the Premises requested by Landlord or such person or entity. If Tenant fails to respond within such 10-business day period, Landlord shall use reasonable efforts to contact, orally or in writing, Tenant prior to declaring a default hereunder. Tenant acknowledges that it has provided Landlord with certain financial statement(s) as a material inducement to Landlord’s agreement to lease the Premises to Tenant, and that Landlord has relied on the accuracy of such financial statement(s) in entering into this Lease. Tenant represents and warrants that the information contained in such financial statement(s) is true, complete and correct in all material respects. Within twenty (20) days from a written request by Landlord, Tenant will make available to Landlord or to any prospective purchaser or lender of the Development, the most recent audited financial statements of Tenant and any guarantor, provided, if Tenant is not a publicly traded entity, that Landlord or any such prospective purchaser or lender agrees to maintain such statements and information in confidence. Notwithstanding the foregoing, so long as the named Tenant herein is a publicly traded corporation and its financial information is readily available to the public, Tenant will not be required to deliver additional financial statements to Landlord.
Estoppel Certificate Financial Statements. (a) Tenant shall, from time to time within ten (10) days after Landlord's demand, execute and deliver to Landlord and/or Landlord's designee an estoppel certificate in a form acceptable to Landlord and/or Landlord's designee certifying (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 so modified), (b) the dates to which rent and other charges payable under this Lease have been paid, (c) that Landlord is not in default under this Lease (or if Tenant alleges a default, then (i) stating the nature of such alleged default, and (ii) the date of notice provided to Landlord stating such default), and (d) such other matters as Landlord and/or such designee may require. If Tenant fails to execute and deliver to Landlord and/or Landlord's designee any such estoppel certificate within ten days after Landlord's demand, then Tenant shall be automatically deemed to have approved such estoppel certificate in the form submitted to Tenant and all the matters set forth therein.
Estoppel Certificate Financial Statements. A. Estoppel Certificate. Tenant, at any time and from time to time upon not less than ten (10) days' prior written notice from Landlord, agrees to execute and deliver to Landlord a statement in the form provided by Landlord (1) 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 and the date to which the rent and other charges are paid in advance, if any; (2) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if they are claimed evidencing the status of this Lease;
Estoppel Certificate Financial Statements. Within fifteen (15) days following any written request which either Landlord or Tenant may make to the other from time to time, the requested party shall execute and deliver to the other a statement certifying: (a) the date of commencement of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications thereto, that this Lease is in full force and effect, as modified, and stating the date and nature of such modifications); (c) the date to which the rental and other sums payable under this Lease have been paid; (d) the fact that there are no current defaults under this Lease by either Landlord or Tenant, except as specified in such statement; and (e) such other matters reasonably requested by the requesting party. Landlord and Tenant intend that any statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the Building or any interest therein, or of Tenant’s interest. In connection with any proposed sale, financing or refinancing of the Real Property, Tenant shall, within fifteen (15) days after written request from Landlord, provide to Landlord a copy of Tenant’s most recent annual audited financial statement or most recent annual report but such request of Tenant shall not be made by Landlord more often than once in any calendar year.
Estoppel Certificate Financial Statements. 19 24. Signature............................................................... 20 25.
Estoppel Certificate Financial Statements. Lessee shall deliver, within ten (10) days after Lessor’s written request therefor, a certificate to the party designated in such request, in the form supplied, certifying, among others, that this Lease is unmodified and in full force and effect (or stating any modifications then in effect), that there are no defenses or offsets thereto (or stating those claimed by Lessee), the dates to which Rent has been paid, and as to any other information reasonably requested. Subject to mutually agreed upon terms of confidentiality as evidenced by a duly executed non-disclosure agreement, Lessee and Guarantor further agrees that, within ten (10) days after Lessor’s request therefor, they shall deliver to Lessor accurate audited annual financial statements then available for Lessee’s and Guarantor’s most recent fiscal year.
