Estoppel Certificate of Tenant. At any time, and from time to time within twenty (20) days after a written request from Landlord, Tenant will furnish to Landlord an Officer's Certificate certifying: (a) that this Lease is unmodified and in full force and effect (or that this Lease is in full force and effect as modified and setting forth the modifications); (b) the dates to which the Rent has been paid; (c) whether or not to the best knowledge of Tenant, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which Tenant may have knowledge; (d) that, except as otherwise specified, there are no proceedings pending or, to the knowledge of the signatory, threatened, against Tenant before or by any court or administrative agency which, if adversely decided, would materially and adversely affect the financial condition and operations of Tenant; (e) the current responses to such other questions or statements of fact as Landlord shall reasonably request. Tenant's failure to deliver such statement within such time shall constitute an acknowledgment by Tenant that this Lease is unmodified and in full force and effect except as may be represented to the contrary by Landlord, Landlord is not in default in the performance of any covenant, agreement or condition contained in this Lease and the other matters set forth in such request, if any, are true and correct. Any such certificate furnished pursuant to this Section 24.1.1 may be relied upon by Landlord and any Facility Mortgagee.
Appears in 3 contracts
Samples: Lease Agreement (Eldertrust), Master Agreement (Eldertrust), Lease Agreement (Eldertrust)
Estoppel Certificate of Tenant. At any time, and from time to time within twenty (20) days after a written request from Landlord, Tenant will furnish to Landlord an Officer's Certificate certifying:
(a) that this Lease is unmodified and in full force and effect (or that this Lease is in full force and effect as modified and setting forth the modifications);
(b) the dates to which the Rent has been paid;
(c) whether or not to the best knowledge of Tenant, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which Tenant may have knowledge;
(d) that, except as otherwise specified, there are no proceedings pending or, to the knowledge of the signatory, threatened, against Tenant before or by any court or administrative agency which, if adversely decided, would materially and adversely affect the financial condition and operations of Tenant;
(e) the current responses to such other questions or statements of fact as Landlord shall reasonably request. Tenant's failure to deliver such statement within such time shall constitute an acknowledgment by Tenant that this Lease is unmodified and in full force and effect except as may be represented to the contrary by Landlord, Landlord is not in default in the performance of any covenant, agreement or condition contained in this Lease and the other matters set forth in such request, if any, are true and correct. Any such certificate furnished pursuant to this Section 24.1.1 may be relied upon by Landlord and any Facility the Fee Mortgagee.
Appears in 1 contract
Samples: Sublease Agreement (Eldertrust)