Estoppel Certificate or Three-Party Agreement. Tenant agrees within ten (10) days following request by Landlord (a) to execute, acknowledge and deliver to Landlord and any other persons specified by Landlord, a certificate or three-party agreement among Landlord, Tenant and/or any third party dealing with Landlord, certifying (i) that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of such modification, (ii) the date to which the Rent and other charges are paid in advance, if any, (iii) that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or so specifying such defaults, if any, as are claimed and/or (iv) any other matters as such third party may reasonably require in connection with the business dealings of Landlord and/or such third party and (b) to deliver to Landlord, Tenant’s most recent annual audited financial statements, including a balance sheet and a profit and loss statement for at least two (2) years all prepared in accordance with generally accepted accounting principles consistently applied, and certified by an independent certified public accountant. If this Lease is guaranteed by a guarantor, then upon Landlord’s request, Tenant shall cause such guarantor to deliver to Landlord, as well as its current year to date (on a monthly basis) unaudited financial statements, not more frequently than two (2) times in any calendar year of the Term. If Tenant fails to deliver such certificate or three-party agreement within such ten (10) day period and Landlord thereafter provides Tenant with an additional written notice of such failure and five (5) additional days to cure, such failure shall constitute a default hereunder with no further notice and cure periods.
Estoppel Certificate or Three-Party Agreement. Tenant agrees (a) within ten (10) days following request by Landlord, to execute, acknowledge and deliver to Landlord and any other persons specified by Landlord, a certificate or three-party agreement among Landlord, Tenant and/or any third party dealing with Landlord, certifying (i) that this Lease is unmodified and in fall force and effect, or, if modified, stating the nature of such modification (ii) the date to which the Rent and other charges are paid in advance, if any, (iii) that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or so specifying such defaults, if any, as are claimed and/or (iv) any other matters as such third party may reasonably require in connection with the business dealings of Landlord and/or such third party and (b) to deliver to Landlord audited financial statements that Tenant prepares annually, including a balance sheet and a profit and loss statement for the most recent two (2) years, all prepared in accordance with generally accepted accounting principles consistently applied and certified by an independent certified public accountant. Tenant’s failure to deliver such certificate or three-party agreement within such ten (10) day period shall be conclusive upon Tenant (x) that this Lease is in fill force and effect without modification except as may be represented by Landlord, (y) that to Tenant’s knowledge there are no uncured defaults in Landlord’s performance, and (z) that no Rent has been paid in advance except as set forth in this Lease. Financial statements required to be delivered pursuant to Section 10.2(b) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date that Tenant’s parent company posts its consolidated financial statements, or provides a link thereto, on Tenant’s website on the Internet at xxx.xxxxxxxxxxxxxx.xxx. In the event that Tenant’s parent company is no longer publicly traded or is no longer required to publicly disclose its financial statements, then Landlord agrees to keep Tenant’s financial statements provided in accordance with the above provisions confidential, and shall not disclose or share such financial statements or the information contained therein with any other persons except Landlord’s lenders, advisors, leasing agents, investors, attorneys and prospective purchasers and their lenders.
Estoppel Certificate or Three-Party Agreement. At Landlord's request, Tenant will in addition to any other statements or certificates required to be executed by Tenant, execute and deliver within ten (10) 17 18 working days, an estoppel certificate and/or three-party agreement among Landlord, Tenant and any third party dealing with Landlord certifying as to such facts (if true) and agreeing to such notice provisions and other matters as such third party may reasonably require in connection with the business dealings of Landlord and such third party.
Estoppel Certificate or Three-Party Agreement. At either party’s request, the other party will execute within ten (10) business days of receipt, either an estoppel certificate or a three-party agreement among Landlord, Tenant and any third party dealing with Landlord or Tenant certifying to such facts (if true) and agreeing to such notice provisions and other matters as such third party may reasonably require in connection with the business dealings of Landlord or Tenant and such third party.
Estoppel Certificate or Three-Party Agreement. At Lessor's request, Lessee will execute either an estoppel certificate addressed to Lessor's mortgagee or a three-party agreement among Lessor, Lessee and said mortgagee, certifying as to such facts (if true) and agreeing to such notice provisions and other matters as said mortgagee may reasonably require in connection with Lessor's financing.
Estoppel Certificate or Three-Party Agreement. Within ten (10) days of receipt of Landlord's request, Tenant will execute either an estoppel certificate or a three-party agreement among Landlord, Tenant and any third party dealing with Landlord certifying to such facts (if true) and agreeing to such notice provisions and other matters as such third party may reasonably require in connection with the business dealings of Landlord and such third party. Notwithstanding anything to the contrary herein, in the event of Tenant's failure to execute and deliver any such certificate of agreement within ten (10) days after Landlord's second request therefor shall constitute an Event of Default, and no additional notice or cure periods shall apply.
Estoppel Certificate or Three-Party Agreement. Upon request, within ten (10) days, Tenant will execute and deliver to Landlord and any mortgagee a tenant’s acceptance letter in the form prescribed by Landlord. At Landlord’s request, within ten (10) days Tenant will execute any other estoppel certificate addressed to Landlord and any mortgagee or any three-party agreement among Landlord, Tenant, and any mortgagee certifying to such facts (if true) and agreeing to such notice provisions and other matters as such persons may reasonably require. Such agreement may contain, without limitation, an agreement by Tenant with such mortgagee that after the date of such certificate, Tenant will not pay any Rents more than thirty
Estoppel Certificate or Three-Party Agreement. At the request of either Landlord or Tenant, the other party will execute, from time to time, either an estoppel certificate or a three-party agreement among Landlord, Tenant and any third party certifying to such facts (if true) as Landlord or Tenant, as the case may be, or such third party, may reasonably require in connection with the business dealings of the parties. Tenant agrees to execute and deliver any such estoppel certificate and/or three-party agreement within fifteen (15) days after the date Landlord requests the same, and hereby irrevocably appoints Landlord as its attorney-in-fact, coupled with an interest, to execute and deliver, for and in the name of Tenant, any such estoppel certificate and/or three-party agreement, if Tenant fails to execute and deliver the same within said fifteen (15) day period.
Estoppel Certificate or Three-Party Agreement. At Lessor’s request, Xxxxxx must execute either an estoppel certificate or a three-party agreement among Lessor, Lessee and any third party dealing with Lessor certifying to such facts (if true) as such third party or Lessor may reasonably require in connection with the business dealings of Lessor and such third party.
Estoppel Certificate or Three-Party Agreement. Within ten (10) business days after receipt of written request therefor by Landlord or Tenant, the other party shall:
(a) execute estoppel certificates addressed to or enter into a three-party agreement with (i) any mortgagee or prospective mortgagee or ground lessor of Landlord, (ii) any purchaser or prospective purchaser of all or any portion of, or interest in, the Project, or (iii) any investor in the Project, or (iv) to any prospective purchaser of Tenant's business and/or an assignee of the Lease or subtenant of the Lease Premises certifying to the best of the certifying party's knowledge (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which the Base Rental and any and all Additional Rental has been paid; (iii) that the Landlord or Tenant, as the case may be, is not in default under any provision of this Lease (or if Landlord or Tenant, as the case may be, is in default, specifying each such default); (iv) the address to which notices to Landlord or Tenant shall be sent; and (v) other matters as such mortgagee(s), purchaser(s) or investor may reasonably require; and agreeing to such notice provisions and other matters as such third party may reasonably require; and
(b) deliver to Landlord such information regarding the net worth and financial condition of Tenant as Landlord may reasonably request in connection with such mortgage, sale or investments to the extent available to Tenant without incurring any material additional cost or expense to prepare such information. Landlord and Tenant mutually covenant and agree as follows:
