Common use of Estoppel Certificate or Three-Party Agreement Clause in Contracts

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 --------------------------------------------- within ten (10) days following written request therefor 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, 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 '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, Landlord current financial statements of Tenant’s most recent annual audited financial statements, including a balance sheet and a profit and loss statement for at least two (2) years 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 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 full force and Landlord thereafter provides Tenant with an additional written notice of such failure 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 five (5z) additional days to cure, such failure shall constitute a default hereunder with that no further notice and cure periodsRent has been paid in advance except as set forth in this Lease.

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, 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 '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 Landlord audited financial statementsstatements that Tenant prepares annually, including a balance sheet and a profit and loss statement for at least the most recent two (2) years years, all prepared in accordance with generally accepted accounting principles consistently applied, 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 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 full 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. Landlord thereafter provides Tenant agrees to keep Tenant's financial statements provided in accordance with an additional written notice of the above provisions confidential, and shall not disclose or share such failure financial statements or the information contained therein with any other persons except Landlord's lenders, advisors, leasing agents, investors, attorneys and five (5) additional days to cure, such failure shall constitute a default hereunder with no further notice prospective purchasers and cure periodstheir lenders.

Estoppel Certificate or Three-Party Agreement. Tenant agrees --------------------------------------------- within ten (10) business days following request by Landlord (a) to execute, acknowledge and deliver to Landlord and any other persons specified by LandlordLandlord in writing, 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, 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 '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, Landlord current financial statements of Tenant’s most recent annual audited financial statements, including a balance sheet and a profit and loss statement for at least two (2) years 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 Tenant's failure to deliver such certificate or three-party agreement within such ten (10) business day period shall be conclusive upon Tenant (x) that this Lease is in full 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. Tenant hereby irrevocably appoints Landlord thereafter provides its attorney-in-fact in its name, place and stead to execute any such certificate or three-party agreement which Tenant with an additional written notice of fails to execute within such failure and five ten (510) additional days to cure, such failure shall constitute a default hereunder with no further notice and cure periods.business day period,

Estoppel Certificate or Three-Party Agreement. Tenant agrees within fifteen (15) business days (ten (10) business days for the Landlord's first loan to close after the date of this Lease) following written 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 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, 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 '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 third-party and (b) to deliver to Landlord, Landlord current financial statements of Tenant’s most recent annual audited financial statements, including a balance sheet and a profit and loss statement for at least two (2) years 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 Tenant's failure to deliver such certificate or three-party agreement within such ten fifteen (1015) business day period shall be conclusive upon Tenant (x) that this Lease is in full 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. Tenant hereby irrevocably appoints Landlord thereafter provides its attorney-in-fact in its name, place and stead to execute any such certificate or three-party agreement which Tenant with an additional written notice of fails to execute within such failure and five fifteen (515) additional days to cure, such failure shall constitute a default hereunder with no further notice and cure periodsbusiness day period.