Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 4 contracts

Samples: Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.)

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Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within Within ten (10) business days after receipt request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of such requestLandlord’s interest in the Premises, or any part thereof, an estoppel certificate shall be required from Tenant, Tenant shall deliver to the requesting party a statement in writing certifying, without limitationwriting: (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); (iib) certifying the dates to which the Rent and any other charges have been paidare paid in advance, if any; (iiic) acknowledging that Landlord is not in default under there are not, to such party’s knowledge, any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord the requesting party hereunder, (iv) the address to which notices to Tenant shall be sentor specifying such defaults if they are claimed; (v) the amount of Tenant’s security deposit and (vid) certifying to such other factual statements matters, relative to the Premises, this Lease and Tenant, as Landlord may be reasonably requested by Landlord; it being understood that any request. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferlender of all or any portion of the Premises or any leasehold interest therein. Tenant’s The failure to deliver such statement within such time shall, at Landlord’s option be an Event of Default hereunder and shall be conclusive and binding upon Tenant the party upon whom the request is made that: (i) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by the requesting party; (ii) not more than one there are no uncured defaults on the requesting party’s performance; and (1iii) month’s no Rent has been paid in advance; . If Tenant is required or requested to execute more than one estoppel certificate or similar document in any twelve (iii12) there are no defaults by Landlord; month period, Landlord shall reimburse Tenant for its legal fees incurred in having such documents reviewed, up to a total charge of five hundred dollars (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement$500.00).

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Estoppel Certificate. Tenant shall agrees that from time to time, upon not less than seven (7) days' prior written request by Landlord Landlord, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or any Lender executeother occupant of the Premises to, acknowledge promptly complete, execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, any party or parties designated by Landlord a statement in writing certifying, without limitation: (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 same are in full force and effecteffect as modified and identifying the modifications); (ii) the dates to which the Rent and any other charges have been paid; (iii) that the Premises have been unconditionally accepted by the Tenant (or if not, stating with particularity the reasons why the Premises have not been unconditionally accepted); (iv) the amount of any Security Deposit held hereunder; (v) that, so far as the party making the certificate knows, Landlord is not in default under any provision provisions of this Lease (or if Landlord is in default, specifying each such default) and thatLease, if truesuch is the case, no events or conditions exist whichand if not, identifying all defaults with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentparticularity; (v) the amount of Tenant’s security deposit and (vi) such any other factual statements as may be reasonably matter reasonable requested by Landlord; it being understood that . Any purchaser or Mortgagee of any interest in the Building shall be entitled to rely on said statement. Failure to give such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such a statement within such time seven (7) days after said written request shall be conclusive evidence, upon Tenant that: (i) which Landlord and any such purchaser or Mortgagee shall be entitled to rely that this Lease is in full force and effect and has Landlord is not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to default and Tenant shall be sent to Tenant’s Address as set forth in Article 1 estopped from asserting against Landlord or any such purchaser or Mortgagee any defaults of this Lease; and (v) Landlord existing at that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, time but Tenant shall not thereby be relieved of its the affirmative obligation to give such statement. Moreover, if Tenant fails to deliver or cause to be delivered such statement within said seven (7) day period, Landlord shall be entitled to collect from Tenant upon demand, as liquidated damages occasioned by such delay and not as a penalty (the actual damages resulting from such delay being impossible to ascertain), a sum equal to one-fifteenth of the Monthly Base Rent for each day, up to fifteen (15) days, after the expiration of said seven (7) day period that Tenant fails to deliver such statement. If such failure persists after such fifteen (15) day period, Landlord shall be entitled to pursue any and all remedies it may have with respect to such Default, including termination of this Lease or Tenant's right to possession and collection of damages, including consequential damages, arising by reason for such Default.

Appears in 4 contracts

Samples: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)

Estoppel Certificate. Tenant shall from time agrees periodically, but in no event more than twice each calendar year, to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, furnish within ten (10) business days after receipt of such request, written request by Landlord a statement in writing certifying, without limitation: certificate signed by a Tenant certifying (ia) that this Lease the lease is unmodified and in full force and effect and unmodified (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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date through which Base Rent, Estimated Additional Rent and additional Rent have been paid, (c) that Tenant has not accepted possession of the Premises and that any improvements required by the terms of this Lease to be made by Landlord have been modified completed to the satisfaction of Tenant, (d) that except as Landlord may represent; (ii) not more than one (1) month’s stated in the certificate no Rent under this Lease has been paid more than thirty (30) days in advance; advance of its due date, (iiie) there are no defaults by Landlord; (iv) that the address for notices to Tenant shall be sent to Tenant’s Address Tenant is as set forth in Article 1 this Lease (or has been changed by notice duly given and is as set forth in the certificate), (f) that except as stated in the certificate, Tenant, as of the date of such certificate, has no charge, lien, or claim of offset under this Lease or otherwise against Rent or other charges due or to become due hereunder, (g) that except as stated in the certificate, Landlord is not then in default under this Lease; , (h) that there are no renewal or extension options, purchase options, rights of first refusal or the like in favor of Tenant except as set forth in this Lease and (vi) that all as to such other statements contained in matters as may be requested by Landlord. Any such estoppel are true and correct. Notwithstanding certificate may be relied upon by any existing or prospective Interest Holder or purchaser of the presumptions Building or the Land or any part thereof or interest of this Article, Tenant shall not be relieved of its obligation to deliver said statementLandlord therein.

Appears in 3 contracts

Samples: Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon Upon not less than ten (10) days’ prior written request by Landlord or any Lender Landlord, to execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingwriting, without limitationwhich may be in the form attached hereto as Exhibit F or in another form reasonably similar thereto, or such other commercially reasonable form as Landlord may provide from time to time, certifying all or any of the following to the extent true: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationseffect, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if so, the dates to which Rent and any other charges they have been paid; , (iii) that Landlord is whether or not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with default in performance of any of the passage terms of time or notice or both, would constitute a default on the part of Landlord hereunderthis Lease, (iv) whether Tenant has accepted possession of the address to which notices to Tenant shall be sent; Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the amount nature thereof and the dollar amount, if any, of Tenant’s security deposit and such claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be performed, and (vii) such other factual statements further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord; it being understood that Landlord to be provided to any such statement so delivered may be relied upon in connection with any lease, mortgage mortgagee or transferprospective purchaser of the Premises. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 The requirement of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant immediately preceding sentence shall not be relieved of its obligation to deliver said statementapply as long as Tenant is a publicly traded company.

Appears in 3 contracts

Samples: Commencement Date Agreement (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.), Office Lease (Avid Technology, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after of receipt of such requestwritten notice from Landlord, execute, acknowledge and deliver a statement in writing certifyingsubstantially in the form attached to this Lease as Exhibit I, without limitation: or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant’s knowledge, would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other factual statements further information with respect to this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the Project. Tenant’s failure If Tenant fails to deliver such statement within such prescribed time and such failure continues for more than three (3) business days following written notice thereof from Landlord, such failure shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be conclusive binding upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementfor execution.

Appears in 3 contracts

Samples: Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after receipt of such requestwritten notice from Landlord, execute, acknowledge and deliver a statement in writing certifyingsubstantially in the form attached to this Lease as Exhibit G, without limitation: or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant’s knowledge, would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other factual statements further information with respect to this Lease or the Premises as may be reasonably requested by thereon. Upon Landlord; it being understood that any ’s request, Tenant shall cause the Guarantor to also execute and deliver such statement so delivered within such time period. Any such statements may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the Property. Tenant’s failure to deliver any such statement within such the prescribed time shall, at Landlord’s option, constitute a Default under this Lease, and, in any event, shall be conclusive binding upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to constitute Tenant’s Address as set forth in Article 1 of this Lease; irrevocable acknowledgement and (v) agreement that all other statements contained of the matters stated in such estoppel statement are true true, correct and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcomplete.

Appears in 3 contracts

Samples: Lease (Carisma Therapeutics Inc.), Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)

Estoppel Certificate. Tenant shall agrees that from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, time within ten (10) business days after receipt of such requestwritten request received from Landlord, or the holder of any First Mortgage, Tenant (or any permitted assignee, subtenant, licensee, concessionaire or other occupant of the Premises claiming by, through or under Tenant) will deliver to Landlord or to the holder of any First Mortgage, a statement in writing certifying, without limitation: signed by Tenant (iand/or such other party) certifying (a) 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, this Lease as modified, modified is in full force and effecteffect and identifying the modifications); (iib) the date upon which Tenant began paying Rent and the dates to which Rent and any other charges have been paid; (iiic) that Landlord is not in default under any provision of this Lease (or Lease, or, if Landlord is in default, specifying each such defaultthe nature thereof in detail; (d) and that, if true, no events or conditions exist which, that the Premises have been completed in accordance with the passage terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; ( e) that there has been no prepayment of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentRent other than that provided for in this Lease; (vf) that there are no actions, whether voluntary or involuntary, pending against Tenant under the amount bankruptcy laws of Tenant’s security deposit the United States or any State thereof; and (vig) such other factual statements matters as may be reasonably requested required by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage Landlord or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 the holder of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementFirst Mortgage.

Appears in 2 contracts

Samples: Office Lease (Caladrius Biosciences, Inc.), Office Lease (Regado Biosciences Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within Within ten (10) business days after receipt of such requestrequest therefor by either party, the other party shall deliver to the requesting party, in recordable form, a statement in writing certifyingcertificate certifying (if such be the case, without limitation: (ior otherwise setting forth any exceptions thereto) that (a) 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); (iib) the dates date of Tenant's most recent payment of Rent, or setting forth any exceptions (c) that the certifying party has no defenses or offsets outstanding, or stating those offsets or defenses claimed by the certifying party; (d) that to which Rent the certifying party's knowledge, the requesting party has no defenses or offsets outstanding, or stating those offsets or defenses claimed by the other party; and (e) and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be information reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transferrequested. Tenant’s 's failure to deliver such statement within such said certificate in time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (ii) not there are no uncured defaults in Landlord's performance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and (iii) no more than one (1) month’s period's Base Rent has been paid in advance. Landlord's failure to deliver said certificate in time shall be conclusive upon Landlord that: (x) this Lease is in full force and effect, without modification except as may be represented by Tenant; (iiiy) there are no uncured defaults by Landlord; (iv) notices to Tenant shall be sent to in Tenant’s Address as set forth in Article 1 of this Lease's performance; and (vz) Tenant's representation as to the amount of Base Rent that all other statements contained has been paid in such estoppel are true and advance is correct. Notwithstanding the presumptions Failure of this Article, Tenant shall not be relieved of its obligation a party to deliver such a certificate to the other party within ten (10) days following Landlord's request therefor shall be deemed such party's acknowledgment of the correctness of the statements made in the foregoing sentence and that the requesting party's mortgagee(s) and/or purchaser(s) may rely on said statementstatements.

Appears in 2 contracts

Samples: Agreement Regarding Lease (Iomega Corp), Office Lease (Jni Corp)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after receipt of such requestfollowing written request by Landlord from time to time, execute and deliver to Landlord any documents, including estoppel certificates, in a statement in writing certifying, without limitation: form required by Landlord (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying attaching a copy of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); effect and the date to which the Rent and other charges are paid in advance, if any, (ii) the dates acknowledging that there are not, to which Rent and Tenant’s knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of the Landlord hereunderor stating the nature of any uncured defaults, (iii) evidencing the status of this Lease as may be required by a Mortgagee or a purchaser of the Premises, (iv) certifying the address to which notices to Tenant shall be sent; current Monthly Rent amount and the amount and form of Security Deposit on deposit with Landlord, and (v) the amount of Tenant’s security deposit and (vi) certifying to such other factual statements information as Landlord, Landlord’s Agents, Mortgagees and/or prospective purchasers or their Mortgagees may be reasonably request, including, but not limited to, any requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transferinformation regarding Hazardous Materials. Tenant’s failure to deliver such statement an estoppel certificate within such time ten (10) business days after delivery of Landlord’s written request therefor shall, at Landlord’s option, constitute an Event of Default hereunder, and shall be conclusive upon against Tenant that: (i1) that this Lease is in full force and effect and has not been modified except as Landlord may representrepresented by Landlord; (ii2) that there are no uncured defaults in Landlord’s performance and that Tenant has no right of offset, counterclaim, or deduction against Rent; (3) not more than one (1) month’s Rent has been paid in advance; and (iii4) there are no defaults by Landlord; (iv) notices as to Tenant shall be sent to Tenant’s Address as the truth and accuracy of any other matters set forth in Article 1 the form of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation certificate submitted to deliver said statementTenant.

Appears in 2 contracts

Samples: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.)

Estoppel Certificate. Tenant shall At any time and from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, Subtenant shall within ten (10) business days after receipt of such Sublandlord’s written request to do so, execute, acknowledge and deliver to Sublandlord, promptly upon request, a statement in writing certifying, without limitation: certificate certifying (ia) that this Lease Sublease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, this Sublease is in full force and effect, as modified, and stating the date and nature of each modification); , (iib) the dates date, if any, to which Rent and any other charges sums payable hereunder have been paid; , (iiic) that Landlord is no notice has been received by Subtenant of any default which has not been cured, except as to defaults specified in default under any provision of this Lease (or if Landlord is in defaultsaid certificate, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vid) such other factual statements matters as may be reasonably requested by Landlord; it being understood Sublandlord. At any time and from time to time, Sublandlord shall within ten (10) business days of Subtenant’s written request to do so, execute, acknowledge and deliver to Subtenant, promptly upon request, a certificate certifying (a) that any such statement so delivered may be relied upon this Sublease is unmodified and in connection with any leasefull force and effect (or, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) if there have been modifications, that this Lease Sublease is in full force and effect effect, as modified, and stating the date and nature of each modification), (b) the date, if any, to which Rent and other sums payable hereunder have been paid, (c) that no notice has been received by Sublandlord of any default which has not been modified cured, except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid to defaults specified in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; said certificate, and (vd) that all such other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not matters as may be relieved of its obligation to deliver said statementreasonably requested by Subtenant.

Appears in 2 contracts

Samples: Sublease (Five Prime Therapeutics Inc), Sublease (Five Prime Therapeutics Inc)

Estoppel Certificate. Tenant shall at any time and from time to time, time upon written request by not less than ten (10) business days' prior notice from Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingwriting, without limitationwhich may be in the form specified by Landlord, which shall certify: (ia) that this the Premises have been completed to the satisfaction of Tenant and accepted and possessed by Tenant, (b) the date the term of Lease commenced, the term of the Lease, any portions to renew or extend, the amount of any security deposit and the date to which rental and any other charges are paid in advance, (c) that the Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, identifying such stating the nature of the modifications and certifying that the Lease, as modified, Lease so modified is in full force and effect); , (ii) the dates to which Rent and any other charges have been paid; (iiid) that Landlord is no notice has been received by Tenant of any default of Tenant which has not in default under any provision of this Lease been cured (or if Landlord is in defaultspecifying such notices), specifying each such default(e) and that, if true, that there are no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder(or specifying such defaults if any are claimed), off-sets, counterclaims or credits against the rents, obligations or stipulations due or to become due or required, (ivf) the address to which notices to that Tenant shall be sent; (v) the amount has no knowledge of Tenant’s security deposit an, prior assignment, hypothecation or pledge of rents and (vig) such other factual statements matters as may be reasonably requested by Landlord; it being understood that any . Any such statement so delivered certificate may be relied upon in connection with by any lease, mortgage prospective purchase of all or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there any portion of the real property of which the Premises are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementa part.

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Estoppel Certificate. Tenant shall (a) At any time and from time to time, upon the written request of Landlord, and/or any party designated by Landlord or any Lender executeLandlord, acknowledge and deliver to Landlord or such Lender, Tenant within ten (10) business days after receipt of the date of such requestwritten request agrees to execute and deliver to Landlord and/or party designated by Landlord, without charge and in form reasonably satisfactory to Landlord and/or any party designated by Landlord, a statement in writing certifying, without limitationwritten statement: (i) that ratifying 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) confirming the commencement and expiration dates to which Rent and any other charges have been paidof the Term; (iii) certifying that Landlord is not in default under any provision of this Lease (or if Landlord Tenant is in defaultoccupancy of the Demised Premises, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified modified, assigned, supplemented or amended, except by such writings as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlordshall be stated; (iv) notices certifying that all conditions and agreements under this Lease to Tenant be satisfied or performed by Landlord have been satisfied and performed, except as shall be sent to Tenant’s Address as set forth stated; (v) certifying that Landlord is not in Article 1 default under this Lease and there are no defenses or offsets against the enforcement of this LeaseLease by Landlord, or stating the defaults and/or defenses and/or offsets claimed by Tenant; (vi) reciting the amount of Advance Rental, if any, paid by Tenant and the date to which Base Annual Rent and Additional Charges have been paid; (vii) reciting the amount of Security Deposit, if any; and (vviii) that all any other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant information which Landlord and/or any party designated by Landlord shall not be relieved of its obligation to deliver said statementreasonably require.

Appears in 2 contracts

Samples: Lease (Bankrate, Inc.), Lease (Bankrate Inc)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon not less than ten (10) days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: certifying the following information (ibut not limited to the following information in the event further information is requested by Landlord): (a) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as modified, is in full force and effect); (iib) the dates to which Rent the rental and any other charges have been paidare paid in advance, if any; (iiic) that Landlord is not in default under any provision the amount of this Lease (or if Landlord is in default, specifying each such default) and thatTenant's security deposit, if trueany; and (d) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions exist then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults, events or conditions, if any are claimed. It is expressly understood and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood agreed that any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the Real Property. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon constitute an admission by Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel therein are true and correct. Notwithstanding Tenant agrees to execute all documents required in accordance with this Article 25 within ten (10) days after delivery of said documents. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to execute any and all documents described in this Article 25 if Tenant fails to do so within the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementspecified time period.

Appears in 2 contracts

Samples: Office Lease (Alloy Online Inc), Office Lease (Stanford Microdevices Inc)

Estoppel Certificate. Tenant shall agrees, at any time and from time to time, upon not less than ten (10) days prior written request notice by Landlord or any Lender Xxxxxxxx, to execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such requestany person designated by Landlord, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or effect, or, if there have been modifications, identifying such modifications and certifying that specifying the Lease, as modified, is in full force and effect)same; (ii) certifying that Xxxxxx has accepted possession of the dates Premises, and that any improvements required by the terms of this Lease to which Rent and any other charges be made by the Landlord have been paidcompleted to the satisfaction of the Tenant or, if not, describing such unsatisfactory improvements; (iii) stating that Landlord is not in default no rent under any provision of this Lease has been paid more than thirty (or if Landlord is 30) days in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage advance of time or notice or both, would constitute a default on the part of Landlord hereunder, its due date; (iv) stating the address to which notices to Tenant shall should be sent; (v) certifying that Tenant, as of the amount date of Tenant’s security deposit and any such certification, has no charge, lien or claim of set-off under this Lease, or otherwise, against rents or other charges due or to become due hereunder; (vi) stating whether or not, to the best of Tenant's knowledge, 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; and (vii) containing any other factual statements statement as Landlord may be reasonably requested by Landlord; it being understood that any request. Any such statement so delivered pursuant to this Section may be relied upon in connection with by any leaseowner of the Building, mortgage any prospective purchaser of the Building, any mortgagee or transfer. Tenant’s failure to deliver prospective mortgagee of the Building or of Landlord's interest, or any prospective assignee of any such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementmortgagee.

Appears in 2 contracts

Samples: Office Lease Agreement (Metro Information Services Inc), Office Lease Agreement (Metro Information Services Inc)

Estoppel Certificate. The Tenant shall agrees that from time to time, time upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within not less than ten (10) business days after receipt days' prior request by Landlord, or the holder of such requestany Mortgage or any ground lessor, the Tenant (or any permitted assignee, subtenant, licensee, concessionaire, or other occupant of the Premises claiming by, through, or under Tenant) will deliver to Landlord or to the holder of any Mortgage or ground lessor, a statement in writing certifying, without limitation: signed by Tenant certifying (ia) 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, lease as modified, modified is in full force and effecteffect and identifying the modifications); (iib) the date upon which Tenant began paying Rent and the dates to which the Rent and any other charges have been paid; , (iiic) that the Landlord is not in default under any provision of this Lease (or Lease, or, if Landlord is in default, specifying each such defaultthe nature thereof in detail; (d) and that, if true, no events or conditions exist which, that the Premises have been completed in accordance with the passage of time terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentclaims; (ve) that there has been no prepayment of Rent other than that provided for in the amount Lease; (f) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of Tenant’s security deposit the United States or any State thereof, and (vig) such other factual statements matters as may be reasonably requested required by Landlord; it being understood that , the holder of any such statement so delivered may be relied upon in connection with any leaseMortgage or ground lessor. If Tenant requests a similar statement, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 stating the status of this Lease; and , Landlord shall provide same to Tenant within ten (v10) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementbusiness days.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Estoppel Certificate. Tenant shall from time to timeshall, upon within Ten (10) days after Landlord's written request by Landlord or any Lender executerequest, acknowledge execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) written declaration 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and effect; that there are no incurred defaults in Landlord's performance; that this Lease has not been modified assigned, modified, supplemented, or amended (except by such writings as shall be stated); that all conditions under this Lease to be performed by Landlord have been satisfied; that there are no defenses or offsets against the enforcement of this Lease by the Landlord, or stating those claimed by Xxxxxx; the amount of advance rent, if any (or none if such is the case) paid by Tenant; the date to which rent has been paid; and the amount of security deposited with Landlord. Such declaration shall be executed and delivered by Xxxxxx from time to time as may represent; (ii) be requested by Landlord. Xxxxxxxx's mortgage lenders and/or purchasers shall be entitled to rely upon same. Tenant's failure to deliver such declaration within the time permitted hereby shall be conclusive upon Tenant that this Lease is in full force and effect, except to the extent any modification has been represented by Landlord, and that there are no incurred defaults in Landlord's performance, and that not more than one (1) month’s Rent 's rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 2 contracts

Samples: Lease Agreement (Universal Technical Institute Inc), Universal Technical Institute Inc

Estoppel Certificate. Tenant shall shall, without charge, at any time and from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt the request by Landlord, any ground lessor, the holder of any indebtedness secured by the Land, the Building or both, or any prospective purchaser of the Land, the Building or both, or to any other person or entity designated by Landlord, execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the date of such request, a statement in writing certifying, without limitationcertificate: (ia) that this Lease is unmodified and in full force and effect (or if there have has been modificationsa modification, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect as modified and has not been modified except as Landlord may representsetting forth such modifications); (iib) not more than one (1) month’s the amounts of Monthly Base Rent, Percentage Rent has been paid in advanceand Additional Rent currently due and payable by Tenant; (iiic) that Tenant has accepted possession of the Premises; (d) to the best of Tenant's knowledge, whether or not there are then existing any setoffs, charges, liens, claims or defenses against the enforcement of any right hereunder (and, if so, specifying the same in detail); (e) that Tenant has no knowledge of any then uncured defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 Landlord of its obligations under this Lease; (f) that Tenant is not in default; and (vg) that all to the best of Tenant's knowledge, any other statements contained in such factual certifications requested. Any statement delivered pursuant to this paragraph may be relied on by the requesting party. Tenant's failure to timely deliver the estoppel are true and correct. Notwithstanding the presumptions certificate after request by Landlord immediately shall be deemed an Event of Default without cure under this Article, Tenant shall not be relieved of its obligation to deliver said statementLease.

Appears in 2 contracts

Samples: Agreement of Lease (Smith & Wollensky Restaurant Group Inc), Agreement of Lease (New York Restaurant Group Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request execute (and acknowledge if required by Landlord any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLandlord, within not less than ten (10) business days after receipt of Landlord provides such requestto Tenant, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which the Rent and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging that there are not, with the passage of time or notice or bothto Tenant's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder or specifying such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Landlord may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Landlord and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon the Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (iib) there are no uncured defaults in Landlord's performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Landlord; (iv) notices Tenant to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be sent liable to Tenant’s Address as set forth in Article 1 Landlord, and shall indemnify Landlord from and against any loss, cost, damage or expense, incidental, consequential, or otherwise, resulting from any failure of this Lease; and (v) that all other statements contained in Tenant to execute or deliver to Landlord any such certified estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcertificate.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Estoppel Certificate. Tenant shall A. At any time, and from time to time, upon written Lessee shall, promptly and in no event later than fifteen (15) days after a request by Landlord from Lessor or any Lender Lender, execute, acknowledge and deliver to Landlord Lessor or such LenderLender a certificate in the form supplied by Lessor, within ten (10) business days after receipt of such requestLender or any present or proposed mortgagee or purchaser designated by Lessor, a statement in writing certifying, without limitation: (i) that this Lease is unmodified Lessee has accepted the Properties and in full force Equipment (or, if Lessee has not done so, that Lessee has not accepted the Properties, and effect (or if there have been modifications, identifying such modifications and certifying that specifying the Lease, as modified, is in full force and effectreasons therefor); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) or if modified, setting forth all modifications), or, if this Lease is not more than one (1) month’s Rent has been paid in advancefull force and effect, the certificate shall so specify the reasons therefor; (iii) there are no defaults by Landlordthe commencement and expiration dates of the Lease Term, including the terms of any extension options of Lessee; (iv) notices the date to Tenant shall be sent to Tenant’s Address as set forth which the rentals have been paid under this Lease and the amount thereof then payable; (v) whether there are then any existing defaults by Lessor in Article 1 the performance of its obligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (vi) that no notice has been received by Lessee of any default under this Lease which has not been cured, except as to defaults specified in the certificate; (vii) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Lessee; (viii) that neither Lessor nor Lender has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operations of the Properties, including the USTs or the handling or disposal of Hazardous Materials; and (vix) that all any other statements contained in information reasonably requested by Lessor, Lender or such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementpresent or proposed mortgagee or purchaser.

Appears in 2 contracts

Samples: Master Lease (Alon USA Energy, Inc.), Master Lease (Alon USA Energy, Inc.)

Estoppel Certificate. Tenant Lessee shall from time to time, upon within twelve (12) business days following written request by Landlord or any Lender execute, acknowledge Lessor execute and deliver to Landlord or such LenderLessor any reasonable documents, within ten including estoppel certificates, in the form prepared by Lessor (10a) business days after receipt certifying the date of such requestcommencement of this Lease, a statement in writing certifying, without limitation: (ib) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); , (iic) stating the dates to which Rent and any other charges amounts payable hereunder have been paid; paid and the amount of any unforfeited security deposit then held by Lessor, (iiid) certifying that Landlord is not in default under any provision no Defaults exist as of this Lease (or if Landlord is in defaultsuch date, specifying each such default) and thator, if truethere are any Defaults, no events or conditions exist whichstating the nature of such Defaults, with the passage of time or notice or both(e) acknowledging that there are not, would constitute a default to Lessee’s knowledge, any uncured defaults on the part of Landlord hereunderLessor, or, if there are uncured defaults on the part of the Lessor, stating the nature of such uncured defaults, (ivf) acknowledging that Lessee does not have any claim or right of offset against Lessor (or if Lessee does have any such claim or right of offset, the address to which notices to Tenant shall be sent; (v) the amount nature of Tenant’s security deposit such claim or right of offset), and (vig) setting forth such other factual statements matters as may reasonably be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transferLessor. TenantLessee’s failure to deliver such statement an estoppel certificate within such time twelve (12) business days after delivery of Lessor’s written request therefor shall be conclusive upon Tenant that: Lessee (iu) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Lessor, (iiv) not more than one that there are now no uncured defaults in Lessor’s performance, (1w) month’s that no Rent has been paid in advance; , (iiix) there are that Lessee has no defaults by Landlord; claims or rights of offset against Lessor, (ivy) notices to Tenant shall be sent to Tenant’s Address that no Defaults then exist, and (z) that such other matters as were set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel certificate as prepared by Lessor are true and correct. Notwithstanding the presumptions ; provided, further, that such failure shall constitute a breach of this Article, Tenant shall not be relieved of its obligation to deliver said statementLease.

Appears in 2 contracts

Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, Inc.

Estoppel Certificate. The Tenant shall agrees that from time to time, time upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within not less than ten (10) business days after receipt days' prior request by Landlord, or the holder of such requestany Mortgage or any ground lessor, the Tenant (or any permitted assignee, subtenant, licensee, concessionaire, or other occupant of the Premises claiming by, through, or under Tenant) will deliver to Landlord or to the holder of any Mortgage or ground lessor, a statement in writing certifying, without limitation: signed by Tenant certifying (ia) 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, lease as modified, modified is in full force and effecteffect and identifying the modifications); (iib) the date upon which Tenant began paying Rent and the dates to which the Rent and any other charges have been paid; , (iiic) that the Landlord is not in default under any provision of this Lease (or Lease, or, if Landlord is in default, specifying each such defaultthe nature thereof in detail; (d) and that, if true, no events or conditions exist which, that the Premises have been completed in accordance with the passage of time terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentclaims; (ve) that there has been no prepayment of Rent other than that provided for in the amount Lease; (f) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of Tenant’s security deposit the United States or any State thereof, and (vig) such other factual statements matters as may be reasonably requested required by Landlord; it being understood that , the holder of any such Mortgage or ground lessor. If Tenant requests a similar statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) stain the status of this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices shall provide same to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementwithin ten 10 business days.

Appears in 2 contracts

Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Estoppel Certificate. Tenant shall agrees that from time to time, time upon written not less than ten (10) days’ prior request by Landlord Landlord, or any Lender executeexisting or prospective Mortgagee or Ground Lessor, acknowledge Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or other occupant of the Premises claiming by, through or under Tenant, to complete, execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such requestLandlord’s designee or to any existing or prospective Mortgagee or Ground Lessor, a statement in writing certifying, without limitation: written estoppel certificate certifying (ia) that this Lease is unmodified and is in full force and effect (or if there have been modifications, identifying such modifications and certifying that the this Lease, as modified, is in full force and effecteffect and setting forth the modifications); (iib) the dates amounts of the monthly installments of Base Rent and Additional Rent Estimate then required to be paid under this Lease; (c) the date to which Rent and any other charges have has been paid; (iiid) that to the best of Tenant’s knowledge, Landlord is not in default under any provision of the provisions of this Lease, or if in default, the nature thereof in detail and what is required to cure same; and (e) such other information concerning the status of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be parties’ performance hereunder reasonably requested by Landlord; it being understood that any Landlord or the party to whom such statement so delivered may estoppel certificate is to be relied upon in connection with any lease, mortgage or transferaddressed. Tenant’s failure to complete, execute and deliver such statement estoppel certificate within the aforesaid 10-day period, if such time failure continues for five (5) days after written notice to Tenant of such failure, shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices deemed to Tenant shall be sent to Tenant’s Address as set forth in Article 1 a Default under Section 19 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Estoppel Certificate. Within 10 business days after delivery of Landlord's written request, Tenant shall from time to time, upon written request by Landlord or any Lender will execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a written statement in writing certifying, without limitationon a form provided by Landlord: (i) - certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying such modifications starting the nature of the modification and certifying that the this Lease, as so modified, is in full force and effect)) and the day to which Rent and other charges are paid in advance, if any; (ii) - affirmatively representing that there are not any uncured default by Landlord or Tenant (or specifying the dates to which Rent defaults if they are claimed); and any other charges have been paid; (iii) that Landlord is not in default under - providing any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be Information reasonably requested by Landlord; it being understood that any such . Tenant's written statement so delivered may be relied upon in connection with on by a prospective purchaser or encombrancer of all or any lease, mortgage or transferportion of the project. Tenant’s 's failure to deliver such a written statement within such the time shall will be conclusive upon against Tenant that: (i) - this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (ii) - there are no uncured defaults in Landlord's performance or Tenant's performance, and (iii) - not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults . The failure of Tenant to deliver the written statement to Landlord within the time will constitute a default by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of under this Lease; , whereupon Landlord may elect to enforce any and (v) that all other statements contained rights and remedies provided to Landlord in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementLease.

Appears in 2 contracts

Samples: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Estoppel Certificate. Tenant shall agrees that from time to time, time upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within not less than ten (10) business days after receipt of such requestdays’ prior request by Landlord, to deliver to Landlord a statement in writing certifying, without limitation: the form attached hereto as Exhibit D certifying (ia) 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, this Lease as modified, modified is in full force and effecteffect and identifying the modifications); (iib) the date upon which Tenant began paying Rent and the dates to which Rent and any other charges have been paid; (iiic) that Landlord is not in default under any provision of this Lease (or Lease, or, if Landlord is in default, specifying each such defaultthe nature thereof in detail; (d) and that, if true, no events or conditions exist which, that the Premises have been completed in accordance with the passage of time terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentclaims; (ve) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are no actions, whether voluntary or otherwise, pending against the amount other party under the bankruptcy laws of Tenant’s security deposit the United States or any State thereof; and (vig) such other factual statements matters as may be reasonably requested requested. Landlord agrees that from time to time upon not less than ten (10) business days’ prior request by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure Tenant to deliver such to Tenant a statement within such time shall be conclusive upon Tenant that: certifying (ia) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease as modified is in full force and effect and has not been modified except as Landlord may representidentifying the modifications); (iib) not more than one (1) month’s the dates to which Rent has and other charges have been paid in advancepaid; (iiic) there are no defaults by Landlord; (iv) notices to that Tenant shall be sent to Tenant’s Address as set forth is not in Article 1 default under any provision of this Lease, or, if in default, the nature thereof in detail; and (vd) that all such other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not matters as may be relieved of its obligation to deliver said statementreasonably requested.

Appears in 2 contracts

Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)

Estoppel Certificate. Tenant shall from time to timeshall, upon written within five (5) days after Landlord’s request by Landlord or any Lender executetherefor, acknowledge execute and deliver to Landlord or an estoppel certificate in favor of Landlord and such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitationother persons as Landlord shall request setting forth the following: (ia) a ratification of this Lease; (b) the Commencement Date and Expiration Date; (c) 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified assigned, modified, supplemented or amended (except by such writing as shall be stated); (d) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that there are no defenses or offsets against the enforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; and (h) such other information as Landlord may represent; (ii) not more than one (1) monthrequest. Landlord’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant mortgage lenders and purchasers shall be sent entitled to rely upon any estoppel certificate executed by Tenant. If Tenant fails to execute such estoppel certificate within such five (5) day period, Landlord may execute the same on behalf of Tenant as Tenant’s Address duly authorized attorney-in-fact. For such purpose, Tenant hereby makes, constitutes and appoints Landlord as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are Tenant’s true and correctlawful attorney to act for Tenant and in Tenant’s name, place and stead and for Tenant’s use and benefit. Notwithstanding the presumptions Such power of this Article, Tenant attorney shall not be relieved of its obligation irrevocable and shall be deemed to deliver said statementbe coupled with an interest.

Appears in 2 contracts

Samples: Lease Agreement (Herbst Gaming Inc), Lease Agreement (Herbst Gaming Inc)

Estoppel Certificate. (a) Tenant shall at any time and from time to time, time upon not less than ten days' prior written request by notice from Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect)) and the dates to which the rental and other charges are paid in advance, if any; (ii) the dates acknowledging that there are not, to which Rent and Tenant's knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentor specifying such defaults if they are claimed; (v) the amount of Tenant’s security deposit and (viiii) certifying such other factual statements matters relating to this Lease as Landlord may be reasonably requested by Landlord; it being understood that any request. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. (b) Tenant’s 's failure to deliver such a statement within such the time prescribed by Landlord in its request for same shall be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month’s Rent 's rental has been paid in advance; . 16. Landlord's Remedies (a) The following shall constitute events of default: (i) Tenant's failure to pay any amount due under Article 2, Article 5(b) or Article 7 of this Lease within 5 days of when due, or Tenants failure to pay any other amount due under this Lease within 5 days after notice from Landlord. (ii) Tenant's failure to execute, acknowledge and return an estoppel certificate under Article 16 or a subordination agreement under Article 19, within ten days after request. (iii) there are no defaults by LandlordTenant's failure to perform any other obligation under this Lease within fifteen days after notice of nonperformance; provided, however, that if the breach is of such a nature that it can be cured but it cannot be cured within fifteen days, Tenant shall be deemed to have cured if cure is commenced promptly and diligently pursued to completion with completion accomplished within 30 days of the original notice of nonperformance; and provided further, that in the event of a breach involving an imminent threat to health or safety, Landlord may in its notice of breach reduce the period for cure to such shorter period as may be reasonable under the circumstances. (iv) Tenant vacates, abandons, or otherwise ceases to operate the Premises on a continuing basis except temporary absence, excused by Landlord in its sole discretion, by reason of fire, casualty, or other cause wholly beyond Tenant's control. (v) Any goods, chattels or equipment of Tenant are taken in execution or in attachment or if a writ of execution is issued against Tenant or if Tenant or any guarantor becomes insolvent or files a petition under the Bankruptcy Act or becomes bankrupt or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver shall be appointed for the business, property, affairs or revenues of Tenant or any guarantor (provided, however, that in the case of involuntary proceedings, Tenant shall have 60 days to cause them to be dismissed), or if Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its goods, chattels and equipment out of the Premises other than in the normal course of its business. (b) Upon the occurrence of an event of default, Landlord, at any time thereafter without further notice or demand, may, in addition to all of its rights and remedies at law and/or at equity, exercise any one or more of the following remedies concurrently or in succession, all of which shall be cumulative: (i) Terminate Tenant's right to possession of the Premises by legal process or otherwise, with or without terminating this Lease, and retake exclusive possession of the Premises. (ii) From time to time relet all or portions of the Premises, using reasonable efforts to mitigate Landlord's damages. In connection with any reletting, Landlord may relet for a period extending beyond the term of this Lease and may make alterations or improvements to the Premises without releasing Tenant of any liability. Upon a reletting of all or substantially all of the Premises, Landlord shall be entitled to recover all of its then prospective damages for the balance of the Lease term measured by the difference between amounts payable under this Lease and the anticipated net proceeds of reletting during the remaining Term. In no event shall Tenant be entitled to receive any amount representing the excess of avails of reletting over amounts payable hereunder. (iii) From time to time recover accrued and unpaid rent and damages arising from Tenant's breach of the Lease, regardless of whether the Lease has been terminated, together with applicable late charges and interest. (iv) Enforce the statutory landlord's lien on Tenant's property. (v) Recover all reasonable attorneys' fees incurred by Landlord in connection with enforcing this Lease, recovering possession and collecting amounts owned. (vi) Perform the obligation on Tenant's behalf and recover from Tenant, upon demand, the entire amount expended by Landlord plus 20% for special handling, supervision, and overhead. (vii) Terminate this Lease by giving written notice of such intention to terminate. In the event that Landlord elects to terminate this Lease, then Landlord may recover from Tenant: (a) All unpaid Rent owed by Tenant as of the date of termination; plus (b) All Rent which would have been payable by Tenant under this Lease but for its termination until the time of award; plus (c) All Rent under the Lease for the balance of the Term after the time of award; plus (d) All other damages incurred by Landlord as a result of Tenant s default. default. Although defined elsewhere, the parties acknowledge that the term Rent shall be deemed to be and mean the Annual Minimum Rent and all other sums required to be paid by Tenant pursuant to the terms of this Lease. (viii) Pursue other remedies available at law or in equity. (c) Upon a termination of Tenant's right to possession, whether or not this Lease is terminated, subtenancies and other rights of persons claiming under or through Tenant: (i) shall be terminated or (ii) Tenant's interest shall be assigned to Landlord. Landlord may separately elect termination or assignment with respect to each such subtenancy or other matter. 17. Notices All notices to be given by one party to the other under this Lease shall be in writing, mailed or hand-delivered to each at the address to the individual, set forth at the end of this Lease or at a changed address if notice of the change is given to the other party in writing. In the case of notice to Tenant after Tenant takes possession of the Premises, notice shall be sufficient if mailed or delivered to the address of the Premises. Mailed notices shall be sent by United States certified or registered mail, postage prepaid. Such notices shall be deemed to Tenant’s Address as set forth have been given upon posting in Article 1 the United States mail. Actual notice shall be no substitute for written notice under any provision of this Lease; . 18. Subordination Landlord expressly reserves the right at any time to place ground leases, liens and encumbrances on and against the Premises and the Center (v) collectively, the Title Matters ), superior in lien and effect to this Lease and the estate created hereby. Tenant acknowledges that all other statements contained there may currently exist any such Title Matters which are superior in such estoppel are true lien and correcteffect to this Lease and the estate created hereby. Notwithstanding the presumptions of this ArticleThis provision shall be self-operative, but Tenant shall not be relieved nevertheless execute upon request subordination agreements presented by Landlord to confirm the superiority of its obligation to deliver said statementthe Title Matters. 19.

Appears in 2 contracts

Samples: Retail Lease (Giant Industries Inc), Retail Lease (Giant Industries Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) Within 10 business days after receipt of request therefor by Landlord, Landlord’s mortgagee or any prospective mortgagee or owner, Tenant agrees as directed in such requestrequest to execute an Estoppel Certificate in recordable form, a statement in writing certifyingbinding upon Tenant, without limitation: certifying that (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying a description of such modifications and certifying that the Lease, this Lease as modified, modified is in full force and effect); (ii) the dates to which Rent and any other charges have has been paid; (iii) that Tenant is in the possession of the Premises if that is the case; (iv) that Landlord is not in default under any provision this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Landlord is in defaultTenant believes there are any off-sets or defenses, specifying each such defaulta full and complete explanation thereof) and thatthat all sums, if trueany, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of required to be paid by Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount on account of Tenant’s security deposit and work have been paid in full; (vi) such other factual statements as may be reasonably requested by Landlordthe Premises have been completed in accordance with the terms and provisions of this Lease; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon (vii) Tenant that: (i) this Lease is in full force has accepted the Premises and effect the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or if that not been modified except as Landlord may representbe the case, stating such claims); (iiviii) not more than one (1) month’s Rent if an assignment of rents or leases has been paid in advanceserved upon the Tenant by a mortgagee, Tenant will agree to be bound by the provisions thereof; (iiiix) there are no defaults by Landlordintentionally omitted; (ivx) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 the Commencement Date and Expiration Date of this Lease; and (vxi) that all certifying to any other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementinformation reasonably requested.

Appears in 2 contracts

Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon not less than ten (10) days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingcertifying the following information, without limitation: (but not limited to the following information in the event further information is requested by Landlord): (i) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as modified, is in full force and effect); (ii) the dates to which Rent the rental and any other charges have been paidare paid in advance, if any; (iii) that Landlord is not in default under any provision the amount of this Lease (or if Landlord is in default, specifying each such default) and thatTenant's security deposit, if trueany; and (iv) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions exist then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults, events or conditions, if any are claimed. It is expressly understood and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood agreed that any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the Real Property. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon constitute an admission by Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel therein are true and correct. Notwithstanding Tenant agrees to execute all documents required in accordance with this Article 25 within ten (10) days after delivery of said documents. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to execute any and all documents described in this Article 25 if Tenant fails to do so within the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementspecified time period.

Appears in 2 contracts

Samples: Office Lease (Matchnet, Inc.), Office Lease (Peoples Liberation Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after receipt of such requestwritten notice from Landlord, execute, acknowledge and deliver a statement in writing certifyingsubstantially in the form attached to this Lease as Exhibit H, without limitation: or on any other commercially reasonable form requested by a current or proposed Lender or encumbrancer or proposed purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant’s knowledge, would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other factual statements further information with respect to this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered statements may be relied upon in connection with by any leaseprospective purchaser or encumbrancer of all or any portion of the Property. If Tenant fails to timely deliver such statement within the prescribed time, mortgage or transfer. Landlord shall send a second notice and if Tenant fails to respond to such second notice (by delivery of a signed estoppel) within three (3) business days, Tenant’s failure to timely deliver such statement within such time shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be conclusive binding upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; in any certificate prepared by Landlord and delivered to Tenant for execution. Within ten (ii10) not more than one business days of receipt of a written request by Tenant, Landlord shall provide Tenant with a similar commercially reasonable estoppel certificate (1but in all cases limited to Landlord’s actual knowledge (without any duty of inquiry or investigation)) month’s Rent has been paid in advance; (iii) there are no defaults as Landlord reasonably deems appropriate and as otherwise reasonably modified by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 2 contracts

Samples: Lease (Cue Health Inc.), Lease (Cue Health Inc.)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender executeLender, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after from receipt of such request, a statement in writing certifying, without limitation: (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 Rent and any other charges have has been paid; (iii) that that, to Tenant’s actual knowledge, Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder); and, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by LandlordLandlord which are known to Tenant; and, (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 2 contracts

Samples: Office Lease, Office Lease (RingCentral Inc)

Estoppel Certificate. Upon request by Landlord, Tenant shall shall, from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord a written statement certifying that this Lease is in full force and effect and unmodified (or if modified specifying the nature of the modification), the dates to which Rent and other charges have been paid, that Landlord is not in default hereunder (or if in default, specifying the nature of any default) and such Lenderother matters pertaining to the Lease or Tenant's occupancy of the Demised Premises as Landlord may reasonably request. It is understood that such statement may be relied upon by Landlord, a prospective purchaser, mortgagee or assignee of any mortgagee of Landlord's interest in the Demised Premises or this Lease. Landlord shall, without charge, at any time and from time to time during the term of this Lease, but in no event more often than once in any twelve (12) month period, within ten thirty (1030) business days after receipt by Landlord of such requestwritten request therefor from Tenant, deliver a duly executed and acknowledged certificate or statement in writing to Tenant certifying, without limitation: (ia) that this Lease is unmodified and in full force and effect (or effect, or, if there have has been modificationsany modification, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease same is in full force and effect as modified, and has not been modified except as Landlord may representstating any such modification; (iib) not more than one the date of commencement of the term of this Lease; (1c) month’s that Annual Base Rent has is paid currently without any offset or defense thereto; (d) the dates to which the Annual Base Rent and other charges payable hereunder by Tenant have been paid, and the amount of Annual Base Rent paid in advance; and (iiie) there any other matter relating to the status of this Lease as shall be reasonably requested by Tenant; provided, that, in fact, such facts are no defaults accurate and ascertainable by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 2 contracts

Samples: Lease (Ha Lo Industries Inc), And Option Agreement (Ha Lo Industries Inc)

Estoppel Certificate. Tenant shall shall, within 10 business days of written notice from time to timeLandlord, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingin any form reasonably requested by a proposed lender or purchaser, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent the rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(ii) acknowledging, with the passage of time or notice or bothto Tenant’s actual knowledge, would constitute a default that there are not any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and (iviii) the address setting forth such further information, to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements actual knowledge, with respect to the status of this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. Tenant’s failure to deliver such statement within such time shall, at the option of Landlord, constitute a Default under Section 20(g) of this Lease (subject to the cure right set forth therein), and, in the event that such Default is not timely cured by Tenant, shall be conclusive upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementfor execution.

Appears in 2 contracts

Samples: Lease Agreement (Elan Corp PLC), Lease Agreement (Prothena Corp PLC)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after receipt Landlord’s request therefor, execute and deliver to Landlord an estoppel certificate in favor of Landlord and such request, a statement in writing certifying, without limitationother persons as Landlord shall request setting forth the following: (ia) ratification of this Lease; (b) the Commencement Date and termination date hereof; (c) 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified assigned, modified, supplemented or amended (except as Landlord may representsuch writing as shall be stated); (iid) not more than one (1) month’s Rent has that all conditions under this Lease to be performed by Landlord have been paid in advancesatisfied; (iiie) there are no defaults defenses or offsets against the enforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (ivf) notices the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; (h) the amount of the security deposit, if any; and (i) such other information as Landlord may reasonably request. In the event that Tenant fails within ten (10) days after Landlord has delivered to Tenant an estoppel certificate pursuant to this Section to properly execute and deliver the same to Landlord, Tenant shall be sent deemed to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in have consented to such estoppel are true and correct. Notwithstanding the presumptions of this Articlecertificate as written; provided, Tenant however, that such non-consent shall not be relieved relieve Tenant from its responsibilities for default under this Lease by reason of its obligation failure to deliver said statementreturn an estoppel certificate in accordance with this Section. Mortgage lenders and/or purchasers shall be entitled to rely upon any estoppel certificate executed by Tenant or which Tenant is deemed to have consented.

Appears in 2 contracts

Samples: Lease Agreement (Forevergreen Worldwide Corp), Lease Agreement (Whole Living Inc)

Estoppel Certificate. Tenant shall shall, within 10 business days of written notice from time to timeLandlord, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingin any form reasonably requested by a proposed lender or purchaser, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent the rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which, with the passage of time or notice or both, would constitute a default (ii) acknowledging that there are not any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (viiii) setting forth such other factual statements further information with respect to the status of this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. Tenant’s failure to deliver such statement within such time shall 5 days after a second notice [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. requesting same shall, at the option of Landlord, be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent to for execution, provided that such second notice states in bold and capitalized letters that Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained failure to respond within 5 days may result in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementconclusion.

Appears in 2 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Estoppel Certificate. Within ten days after written request from Landlord, Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge execute and deliver to Landlord or such LenderLandlord, within ten (10) business days after receipt of such requestin recordable form, a statement in writing certifying, without limitation: certificate stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); effect as modified, and stating all modifications, (ii) the then-current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent and any other charges have has been paid; (iii) that Landlord is not paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunderadvance, (iv) the address to amount of any security deposit, prepaid rent, or other payment constituting Rent which notices to Tenant shall be sent; has been paid, (v) whether or not Tenant or Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the amount Lease in favor of Tenant’s security deposit and , (vi) that any Landlord’s Work required by this Lease is complete (or stating any exceptions) and (vii) such other factual statements matters as Landlord may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transferrequest. Tenant’s failure to deliver such statement certificate within such time ten day period shall be conclusive upon Tenant for the benefit of Landlord, and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the Project that: , except as may be represented by Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and that all Landlord’s Work required by this Lease is complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon ten days written request from Tenant, execute an estoppel certificate in favor of Tenant’s proposed lender or Transferee confirming (i) that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and has not been modified except as Landlord may represent; stating all modifications, (ii) not more than one the then-current Basic Monthly Rent, (1iii) month’s the dates to which Basic Monthly Rent has been paid in advance; (iii) there are no defaults by Landlord; , (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 the amount of this Lease; any security deposit, prepaid rent, or other payment constituting Rent which has been paid, and (v) that all other statements contained whether or not to the best of Landlord’s knowledge Tenant is in such estoppel are true and correct. Notwithstanding the presumptions of default under this Article, Tenant shall not be relieved of its obligation to deliver said statementLease.

Appears in 2 contracts

Samples: www.sec.gov, Modified Gross Office Lease (Bakbone Software Inc)

Estoppel Certificate. Tenant shall shall, within 10 business days of written notice from time to timeLandlord, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingin any form reasonably requested by a proposed lender or purchaser, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent the rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which, with the passage of time or notice or both, would constitute a default (ii) acknowledging that there are not any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (viiii) setting forth such other factual statements further information with respect to the status of this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any leaseprospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. If Tenant has failed to execute and deliver an estoppel certificate as required pursuant to this Section 23 within 10 business days of written notice from Landlord, mortgage or transferLandlord shall deliver a second written notice to Tenant. Tenant’s failure to deliver such statement within 5 days after Landlord’s delivery of such time second notice shall, at the option of Landlord, constitute a Default under this Lease, and, in any event, shall be conclusive upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementfor execution.

Appears in 2 contracts

Samples: Lease Agreement (Heat Biologics, Inc.), Lease Agreement (Heat Biologics, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon within twenty (20) days after written request by Landlord or any Lender from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as so modified, is in full force and effect (or if this Lease is claimed not to be in force and effect); , specifying the ground therefor) and any dates to which the Rent has been paid in advance, and the amount of any Security Deposit, (ii) the dates acknowledging that there are not, to which Rent and Tenants knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (viiii) certifying such other factual statements matters as Landlord may reasonably request, or as may be reasonably requested by Landlord; it being understood that any 's current or prospective Holders, insurance carriers, auditors, and prospective purchasers. Any such statement so delivered may be relied upon in connection with by any lease, mortgage or transfersuch parties. Tenant’s failure If Tenant shall fail to deliver execute and return such statement within such the time required herein, Tenant shall be conclusive upon Tenant that: deemed to have agreed with the matters set forth therein. Landlord shall from time to time, within twenty (20) days after written request from Tenant, execute, acknowledge and deliver a statement (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 (or if this Lease is claimed not to be in force and has not been modified except as Landlord may represent; (iieffect, specifying the ground therefor) not more than one (1) month’s and any dates to which the Rent has been paid in advance; , and the amount of any Security Deposit, (ii) acknowledging that there are not, to Landlord's knowledge, any uncured defaults on the part of Tenant hereunder, or specifying such defaults if any are claimed, and (iii) there are no defaults by Landlord; (iv) notices to certifying such other matters as Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementmay reasonably request.

Appears in 2 contracts

Samples: Agreement (Corechange Inc), Agreement (Corechange Inc)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon not less than ten (10) Business Days’ prior written request by Landlord or any Lender executenotice from Landlord, acknowledge execute and deliver to Landlord or an estoppel certificate in a form generally consistent with the requirements of institutional lenders and prudent purchasers containing such Lenderstatements of fact as Landlord may reasonably request including, within ten (10) business days after receipt of such requestbut not limited to, a statement in writing certifying, without limitationthe following: (ia) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); (iib) the dates date to which the Base Rent and any other charges have been paidare paid in advance and the amounts then payable; (iiic) that Landlord is not in default under there are not, to Tenant’s knowledge, any provision of this Lease (uncured defaults or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default unfulfilled obligations on the part of Landlord, or specifying such defaults or unfulfilled obligations, if any are claimed; and (d) that Tenant has taken possession of the Premises. Any such certificate may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Landlord hereundershall, at any time and from time to time, upon not less than ten (iv10) the address to which notices Business Days’ prior written notice from Tenant, execute and deliver to Tenant shall be sent; (v) an estoppel certificate containing such statements of fact as Tenant may reasonably request including, but not limited to, the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant thatfollowing: (ia) 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 has not been modified except as Landlord may representeffect); (iib) not more than one (1) month’s the date to which the Base Rent has been and other charges are paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Leaseadvance and the amounts then payable; and (vc) that all other statements contained in there are not, to Landlord’s knowledge, any uncured defaults or unfulfilled obligations on the part of Tenant, or specifying such estoppel defaults or unfulfilled obligations, if any are true and correctclaimed. Notwithstanding the presumptions Any such certificate may be conclusively relied upon by any prospective assignee or any purchaser or encumbrancer of this Article, Tenant shall not be relieved of or its obligation to deliver said statementassets.

Appears in 2 contracts

Samples: Lease (Mercury Computer Systems Inc), Lease (Mercury Computer Systems Inc)

Estoppel Certificate. Tenant shall at any time and from time to time, time upon written request by not less than ten (10) business days' prior notice from Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingwriting, without limitationwhich may be in the form specified by Landlord, which shall certify: (ia) that this the Premises have been completed to the satisfaction of Tenant and accepted and possessed by Tenant, (b) the date the term of Lease commenced, the term of the Lease, any portions to renew or extend, the amount of any security deposit and the date to which rental and any other charges are paid in advance, (c) that the Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, identifying such stating the nature of the modifications and certifying that the Lease, as modified, Lease so modified is in full force and effect); , (ii) the dates to which Rent and any other charges have been paid; (iiid) that Landlord is no notice has been received by Tenant of any default of Tenant which has not in default under any provision of this Lease been cured (or if Landlord is in defaultspecifying such notices), specifying each such default(e) and that, if true, that there are no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder(or specifying such defaults if any are claimed), off-sets, counterclaims or credits against the rents, obligations or stipulations due or to become due or required, (ivf) the address to which notices to that Tenant shall be sent; (v) the amount has no knowledge of Tenant’s security deposit any prior assignment, hypothecation or pledge of rents and (vig) such other factual statements matters as may be reasonably requested by Landlord; it being understood that any . Any such statement so delivered certificate may be relied upon in connection with by any lease, mortgage prospective purchase of all or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there any portion of the real property of which the Premises are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementa part.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

Estoppel Certificate. The Tenant shall from time to time, upon written request within ten (10) days after being requested to do so by the Landlord or any Lender Senior Holder, execute, enseal, acknowledge and deliver to the Landlord or such Lender(or, within ten (10) business days after receipt of such at the Landlord’s request, a statement to any existing or prospective purchaser, transferee, assignee or Senior Holder of any or all of the Premises, the Property, any interest therein or any of the Landlord’s rights under this Lease) an instrument in writing certifyingrecordable form, without limitation: certifying (ia) that this Lease is unmodified and in full force and effect (or or, if there have has been modificationsany modification thereof, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may representso modified, stating therein the nature of such modification); (iib) not as to the dates to which the Base Rent and any Additional Rent and other charges arising hereunder have been paid; (c) as to the amount of any prepaid Rent or any credit due to the Tenant hereunder; (d) that the Tenant has accepted possession of the Premises, and the date on which the Term commenced; (e) as to whether, to the actual knowledge (without obligation to make more than one commercially reasonable inquiry of management personnel situated in the Premises), information and belief of the signer of such certificate the Landlord or the Tenant is then in default in performing any of its obligations hereunder (1) month’s Rent has been paid in advanceand, if so, specifying the nature of each such default); (iiif) there are no defaults as to any other fact or condition reasonably requested by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Leasethe Landlord or such other addressee; and (vg) acknowledging and agreeing that all other statements any statement contained in such estoppel are true certificate may be relied upon by the Landlord and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementany such other addressee.

Appears in 2 contracts

Samples: Agreement of Lease (Medallion Financial Corp), Agreement of Lease

Estoppel Certificate. Tenant shall at any time and from time to time, upon not less than ten (10) days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such requestand any other parties designated by Landlord, a statement in writing certifying, without limitation: certifying (ia) 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and is unmodified and that Tenant has not been modified except as Landlord may represent; taken possession of the Premises and has accepted and approved the condition of the Premises and the Tenant Improvements (iior, if modified, or disapproved, stating the nature of such modification or disapproval), (b) not more than one (1) month’s Rent has the date to which the rental and other charges payable hereunder have been paid in advance; , if any, (iiic) that there are, to Tenant's actual knowledge, no uncured defaults on the part of Landlord hereunder (or specifying such defaults if any are no defaults claimed), and (d) any additional statement commonly included in a reputable institutional lender's estoppel certificate in similar transactions. Such statement may be furnished to and relied upon by Landlord; any prospective purchaser, tenant or encumbrancer of all or any portion of the Property and shall include any further statement that a good faith purchaser, tenant or encumbrancer would reasonably require. Landlord shall at any time and from time to time, upon not less than ten (iv10) notices days' prior written notice from Tenant, execute, acknowledge and deliver to Tenant shall be sent and any other parties designated by Tenant, a statement in writing certifying (a) that this Lease is in full force and effect and is unmodified (or, if modified, stating the nature of such modification), (b) the date to Tenant’s Address as set forth which the rental and other charges payable hereunder have been paid in Article 1 of this Lease; advance, if any, and (vc) that there are, to Landlord's actual knowledge, no uncured defaults on the part of Tenant hereunder (or specifying such defaults if any are claimed), and (d) any additional statement commonly included in a reputable institutional lender's estoppel certificate in similar transactions. Such statement may be furnished to and relied upon by any prospective sublessee, assignee or encumbrancer of all other statements contained or any portion of Tenant's interest in such estoppel are true the Property and correct. Notwithstanding the presumptions of this Articleshall include any further statement that a good faith sublessee, Tenant shall not be relieved of its obligation to deliver said statementassignee or encumbrancer would reasonably require.

Appears in 2 contracts

Samples: Lease Agreement (WWW Holdings Inc), Lease Agreement (Earthlink Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request execute (and acknowledge if required by Landlord any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLandlord, within ten five (105) business days after receipt of Landlord provides such requestto Tenant, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which the Rent and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging that there are not, with the passage of time or notice or bothto Tenant's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder or specifying such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Landlord may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Landlord and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon the Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (iib) there are no uncured defaults in Landlord's performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Landlord; (iv) notices Tenant to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be sent liable to Tenant’s Address as set forth in Article 1 Landlord, and shall indemnify Landlord from and against any loss, cost, damage or expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of this Lease; Tenant to execute or deliver to Landlord any such certified estoppel certificate, together with any and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementEnforcement Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Infiniti Solutions LTD), Lease Agreement (Interlink Electronics)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon not less than 10 business days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt a written statement substantially in the form of such request, a statement in writing certifying, without limitation: Exhibit "D" certifying (i) that this Lease represents the entire agreement between Landlord and Tenant, and is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); , (ii) the dates to which the Rent and any other charges have been paidare paid in advance, if any; (iii) that Landlord is not in default under any provision the Commencement Date and expiration date of the Lease Term, (iv) whether Tenant has assigned or transferred this Lease (or if Landlord is in defaultany interest of Tenant therein; and,(v) that there are not, specifying each such default) and thatto Tenant's knowledge, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder and that Tenant has no right of offset, (iv) the address to which notices to Tenant shall be sent; (v) counterclaim or deduction against Rent, or specifying such defaults if any are claimed together with the amount of any offset, counterclaim or deduction alleged by Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any . Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferlender upon the security of the real property of which the Building and the Premises are a part. Tenant’s 's failure to deliver such statement within such the time required shall be conclusive and binding upon Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Landlord, (iib) not there are no uncured defaults in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against Rent, and (c) no more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: United Panam Financial Corp

Estoppel Certificate. Within fifteen (15) days after Landlord's written request, Tenant shall from time deliver, executed in recordable form, a declaration to time, upon written request any person designated by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt that as of such request, a statement in writing certifying, without limitation: the date of the estoppel certificate (i) that ratifying 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); (iili) stating the dates to which Rent commencement and any other charges have been paidtermination dates; and (iii) certifying (A) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified assigned, modified, supplemented or amended (except by such writings as shall be stated), (B) that to Tenant's actual knowledge all conditions under this Lease to be performed by Landlord have been satisfied (stating exceptions, if any), (C) that to Tenant's actual knowledge no defenses or offsets against the enforcement of this Lease by Landlord exist (or stating those claimed), (D) as to advance rent, if any, paid by Tenant and the date to which rent has been paid, (E) as to the amount of security deposited with Landlord, and (F) such other information as Landlord may representreasonably requires; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) provided that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved obligated to agree to any provision in an estoppel certificate that amends this Lease. Persons receiving such statements shall be entitled to conclusively rely upon them and such estoppels shall be deemed to have been given for good and valuable consideration, all of its obligation which shall be so stated in the estoppels. Tenant shall not be permitted to deliver said statementassert or enforce any claim against the person to whom it is delivered (or against such person's property) which is inconsistent with the statements contained in the certificate. The estoppel certificate shall not be deemed to amend the Lease or waive any of Tenant's rights under the Lease as between Landlord and Tenant.

Appears in 1 contract

Samples: Lease Agreement (Allied Esports Entertainment, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after of receipt of such requestwritten notice from Landlord, execute, and deliver a statement in writing certifyingsubstantially in the form attached to this Lease as Exhibit E, without limitation: or on any other form reasonably requested by a proposed Lender or purchaser and reasonably acceptable to Tenant, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant’s knowledge (without having made inquiry), would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other factual statements further information with respect to this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. If Tenant fails to execute and deliver such a statement by the tenth (10th) business day of its receipt such failure shall be a Default under this Lease and Tenant shall thereafter pay Landlord Five Thousand Dollars ($5,000) per day as liquidated damages for the period commencing after said tenth (10th) business day and ending on the day prior to the day the statement is delivered. Tenant’s failure to deliver such statement within such the NY\5747656.2 prescribed time shall, at Landlord’s option, constitute a Default under this Lease, and, in any event, shall be conclusive binding upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementfor execution.

Appears in 1 contract

Samples: Lease (Regeneron Pharmaceuticals Inc)

Estoppel Certificate. Within ten 910) days after request therefore by Landlord, Tenant shall from time execute and deliver (in recordable form) a certificate to timeany proposed mortgagee or purchaser, upon written request or to Landlord, together with a true and correct copy of this Lease, certifying (with such exceptions or modifications as may be the case) (i) that this Lease is in full force and effect without modification, (ii) that Landlord has performed all of its obligations due to be performed under this Lease and that there are no defenses, counterclaims, deductions or offsets outstanding or other excuses for Tenant's performance under this Lease, and (iii) any other fact reasonably requested by Landlord or any Lender executesuch proposed mortgagee or purchaser. Landlord may present to Tenant a form of such certificate, acknowledge and Tenant's failure to properly execute and deliver to Landlord such form of certificate (with such exceptions or such Lender, modifications noted therein as may be asserted by Tenant in good faith) within ten (10) business days after receipt request therefore shall be conclusive upon Tenant as to the truth of such requestall statements contained therein as presented by Landlord and may be relied on by any person holding or proposing to acquire an interest in the Premises or any part thereof or this Lease from or through the other party, a statement in writing certifying, without limitation: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationseffect. Further, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s 's failure to properly execute and deliver such statement form of certificate within such time shall ten (10) days after request therefore by Landlord shall, at Landlord's option, be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 deemed an Event of Default under this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Lease (DHB Capital Group Inc /De/)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender Lender, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, ; (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s 's security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s 's Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Alnylam Pharmaceuticals Inc

Estoppel Certificate. Tenant 30. Lessee shall from at any time to time, upon not less than ten (10) days prior written request by Landlord or any Lender notice form Lessor execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, Lessor a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the 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) the dates acknowledging that there are not, to which Rent and Lessee's knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord Lessor hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) or specifying such other factual statements as defaults if any are claimed. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with any lease, mortgage by a prospective purchaser or transferencumbrancer of the Demised Premises. Tenant’s Lessee's failure to deliver such statement within such time shall be conclusive upon Tenant that: Lessee (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Lessor, (ii) that there are not uncured defaults in Lessor's performance, and (iii) that not more than one (1) month’s Rent 's rent has been paid in advance; . If Lessor desires to finance or refinance the Demised Premises, or any part thereof, Lessee hereby agrees to deliver to any lender designated by lessor such financial statements of Lessee as may be reasonably required by such lender. Such statements shall include the past three (iii3) there are no defaults by Landlord; (iv) notices to Tenant years financial statements of Lessee. All such financial statements shall be sent to Tenant’s Address as received by Lessor in confidence and shall be used only for the purposes herein set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementforth.

Appears in 1 contract

Samples: Optimumcare Corp /De/

Estoppel Certificate. Tenant shall further agrees at any time and from time to time, upon time on or before ten(10) days after written request by Landlord or any Lender Landlord, to execute, acknowledge and deliver to Landlord or such Lender, within ten an estoppel certificate certifying (10) business days after receipt of such request, a statement in writing certifying, without limitation: (ito the extent it believes the same to be true) 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, same is in full force and effecteffect as modified, and stating the modifications); , that there have been no defaults thereunder by Landlord or tenant (ii) or if there have been defaults, setting forth the dates nature thereof), the date to which Rent the rent and any other charges have been paid; (iii) , if any, that Landlord Tenant claims no present charge, lien, claim or offset against rent, the rent is not prepaid for more than one month in default under any provision of this Lease (or if Landlord is in default, specifying each such default) advance and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as may be reasonably requested required by Landlord; , Landlord's mortgagee, or any potential purchaser of the building, it being understood intended that any such statement so delivered pursuant to this Paragraph may be relied upon in connection with by any leaseprospective purchaser of all or any portion of Landlord's interest herein, or a holder of any mortgage or transferdeed of trust encumbering any portion of the Building Complex. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of a default under this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of foregoing, in the event that tenant does not execute the statement required by this ArticleParagraph, Tenant shall not be relieved hereby grants to Landlord a power of its obligation attorney coupled with an interest to deliver said statementact as Landlord's attorney-in-fact for the purpose of executing such statement or statements required by this Paragraph.

Appears in 1 contract

Samples: Parkway Lease Agreement (Renaissance Entertainment Corp)

Estoppel Certificate. Tenant shall agrees that, from time to time, time upon written not less than ten (10) days' prior request by Landlord or any Lender executeLandlord, acknowledge Tenant shall execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing written certificate certifying, without limitation: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying a description of such modifications and certifying that the Lease, this Lease as modified, modified is in full force and effect); (ii) the dates to which Rent and any other charges have has been paid; (iii) that Tenant is in possession of the Premises, if that is the case; (iv) that Landlord is not in default under any provision this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off-sets or defenses to the performance of its obligations under this Lease (or if Landlord is in defaultTenant believes there are any off-sets or defenses, specifying each such default) a full and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentcomplete explanation thereof); (v) the amount of Tenant’s security deposit and (vi) that the Premises have been completed in accordance with the terms and provisions hereof, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (vii) such other factual statements additional matters as may be reasonably requested by Landlord; , it being understood agreed that any such statement so delivered certificate may be relied upon by any prospective purchaser, mortgagee, or other person having or acquiring an interest in connection with the Building. If Tenant fails to execute and deliver any leasesuch certificate within ten days after request, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent deemed to have irrevocably appointed Landlord and Landlord's beneficiaries as Tenant’s Address as set forth 's attorneys-in-fact to execute and deliver such certificate in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementTenant's name.

Appears in 1 contract

Samples: Office Space Lease (Mdsi Mobile Data Solutions Inc /Can/)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon within ten (10) days after written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing writing, in a form provided by Landlord to Tenant, certifying, without limitation: (i) among other things, that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); (ii) , the dates to which Rent the rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatcharges, if trueany, are paid in advance and the amount of Tenant’s security deposit, if any, and acknowledging that there are not, to Tenant’s knowledge. any uncured defaults on the part of Landlord hereunder, and that there are no events or conditions exist then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunderhereunder (or specifying such defaults, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit events or conditions, if any are claimed). It is expressly understood and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood agreed that any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or a portion of the Project. Tenant’s failure to deliver such statement within such time shall shall, at the Landlord’s election, be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified without modification (except as Landlord may represent; (ii) not be represented by Landlord), that there are no uncured defaults in Landlord’s performance, and that no more than one (1) month’s Rent rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to . Tenant shall be sent liable to Landlord for any consequential damages suffered by Landlord and occasioned by Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation failure to deliver said statementsuch certificates in the manner described above.

Appears in 1 contract

Samples: Facilities Lease (Capricor Therapeutics, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon written request execute (and acknowledge if required by Landlord any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLandlord, within ten five (105) business days after receipt of Landlord provides such request, a to Tenan(a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which wWch the Rent and any other charges have been paid; (iii) that Landlord is not arc paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging tlit, with the passage of time or notice or boththere are not, would constitute a default to Tenant's knowledge, any uncured defaults on the part of Landlord hereunderhereunder or specif@bg such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Landlord may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Landlord and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s Xxxxxxx failure to deliver such statement within such time shall be conclusive upon the Tenant that: that (ia) this th@is Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (iib) there are no uncured defaults in Landlords performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Landlord; (iv) notices Tenant to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be sent liable to Tenant’s Address as set forth in Article 1 Landlord, and shall indemnify Landlord from and against any loss, cost, damage or expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of this Lease; Tenant to execute or deliver to Landlord any such certified estoppel certificate, together with any and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementEnforcement Expenses.

Appears in 1 contract

Samples: Lease Agreement (Third Enterprise Service Group Inc)

Estoppel Certificate. Tenant shall shall, from time to time, upon not less than twenty (20) days’ prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingcertifying such information as Landlord may reasonably request including, without limitationbut not limited to, the following to the extent that the following is true at such time in the reasonable opinion of Tenant: (ia) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); , (iib) the dates date to which the Base Rent and any other charges have been paid; are paid in advance and the amounts so payable, (iiic) that Landlord is not in default under there are not, to Tenant’s knowledge, any provision of this Lease (uncured defaults or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default unfulfilled obligations on the part of Landlord hereunderLandlord, or specifying such defaults or unfulfilled obligations, if any are claimed, (ivd) the address that all tenant improvements to which notices to Tenant shall be sent; (v) the amount of Tenantconstructed by Landlord, if any, have been completed in accordance with Landlord’s security deposit obligations, if applicable, and (vie) that Tenant has taken possession of the Premises, if applicable. Any such other factual statements as statement may be reasonably requested conclusively relied upon by Landlord; it being understood that any prospective purchaser or encumbrances of the Premises. The failure of Tenant to deliver such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure a written notice indicating its refusal to deliver sign such statement within such time shall be conclusive upon Tenant that: that (iv) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Landlord, (iiw) there are no uncured defaults in Landlord’s performance, (x) not more than one (1) month’s Base Rent has been paid in advance; , (iiiy) there are no defaults all tenant improvements to be constructed by Landlord; (iv) notices to Tenant shall be sent to Tenant, if any, have been completed in accordance with Landlord’s Address as set forth in Article 1 of this Lease; obligations, and (vz) that all other statements contained in such estoppel are true and correct. Notwithstanding Tenant has taken possession of the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementPremises.

Appears in 1 contract

Samples: Lease Agreement (Mastech Holdings, Inc.)

Estoppel Certificate. Tenant shall from at any time to timeupon the request of Landlord, upon written request by Landlord or any Lender execute, acknowledge execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) that this Lease is unmodified recordable form and in full force and effect (or if there have been modificationssubstance satisfactory to Landlord, identifying such modifications and certifying that an estoppel certificate certifying: the Lease, as modified, is in full force and effect)date Tenant accepted occupancy of the Demised Premises; (ii) the dates date to which Rent and any other charges have has been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlordany Security Deposit; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except or amended (or if modified or amended, describing the same) and that there are no defenses or offsets thereto or defaults of Landlord under this Lease (or if any be claimed, describing the same); that the Demised Premises have been completed in accordance with the terms and provisions hereof and the Work Letter, if any, that Tenant has accepted the Demised Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or if Tenant does not believe the Demised Premises have been satisfactorily completed or believes it has any claims against Landlord, a full and complete explanation thereof); and such other matters as Landlord may represent; reasonably request. Tenant's failure to deliver such certificate within fifteen (ii15) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant days of the demand therefor shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementa default hereunder.

Appears in 1 contract

Samples: Lease Agreement (Global Preferred Holdings Inc)

Estoppel Certificate. Tenant shall from time to timeshall, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within on ten (10) business days after receipt of such requestdays' prior request by Landlord, execute, acknowledge, and deliver to Landlord a recordable statement in writing executed by Tenant, substantially in the form of Exhibit D, attached to this Lease (an "Estoppel Certificate"), certifying, without limitationamong other things: (i) the date of this Lease; (ii) that this Lease is unmodified and in full force and effect (or 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect as modified, and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advancesetting forth these modifications); (iii) there are no defaults by Landlordthe date to which the Rent has been paid; (iv) notices either (a) that, to the knowledge of Tenant, no default exists under the Lease on the part of Landlord or Tenant or (b) that certain defaults allegedly exist under the Lease (in which case the Estoppel Certificate shall be sent to Tenant’s Address as set forth in Article 1 also specify each alleged default of which Tenant may have knowledge); (v) that there are no claims against Landlord under this Lease nor any defenses or rights of offset against collection of Rent or other charges due under this Lease; and (vvi) any other matters that all other may be reasonably requested by Landlord. The parties agree and intend that any Estoppel Certificate executed by Tenant may be relied on by any prospective purchaser or mortgagee of the Building. Tenant's failure to execute and deliver any requested Estoppel Certificate within ten (10) business days of the request shall be deemed to be an acknowledgment by Tenant of the truth and accuracy of the requested statements contained to be included in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementEstoppel Certificate.

Appears in 1 contract

Samples: One Countryside Place (Payment Data Systems Inc)

Estoppel Certificate. 31.1 Tenant shall from time to time, upon time within ten (10) days after prior written request by notice from Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingin the form set forth in Exhibit E attached hereto, without limitation: or such other form as may be customarily required by Landlord's Mortgagee, (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the 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; (ii) the dates acknowledging that there are not, to which Rent and Tenant's knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder, hereunder (iv) the address to which notices to Tenant shall be sentor specifying such defaults if they are claimed); (v) the amount of Tenant’s security deposit and (viiii) containing such other factual statements matters as are set forth in such form. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; (ii) be represented by Landlord, that there are no uncured defaults in Landlord's performance, and that not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices . Failure of Tenant to Tenant so deliver such statement shall be sent a material default hereunder. Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to Tenant’s Address as set forth execute and deliver such statement to any third party in Article 1 the name and on behalf of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding Tenant if Tenant fails to comply with the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementforegoing.

Appears in 1 contract

Samples: Office Lease (Trimark Holdings Inc)

Estoppel Certificate. Tenant shall from time to time, upon within fifteen (15) days after written request by Landlord or any Lender from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitationstatement: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as so modified, is in full force and effect (or if this Lease is claimed not to be in force and effect); (ii, specifying the ground therefor) and the dates to which the Minimum Rent, Percentage Rent and any other charges hereunder have been paid; , and the amount of any Security Deposit, (ii) acknowledging 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, and (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) certifying such other factual statements matters as Landlord may reasonably request, or as may be reasonably requested by Landlord; it being understood that any 's current or prospective Lenders, insurance carriers, auditors, and prospective purchasers. Any such statement so delivered may be relied upon in connection with by any lease, mortgage or transfersuch parties. Tenant’s failure If Tenant shall fail to deliver execute and return such statement within such the time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to required herein, Tenant shall be sent deemed to Tenant’s Address as have agreed with the matters set forth therein, and Landlord acting in Article 1 good faith shall be authorized as Tenant's attorney in fact to execute such statement on behalf of this Lease; and Tenant (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant which shall not be relieved in limitation of its obligation to deliver said statementLandlord's other remedies therefor).

Appears in 1 contract

Samples: Center Lease

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender executeLender, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after from receipt of such request, a statement in writing certifying, without limitation: (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 Rent and any other charges have has been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder); and, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no not defaults by Landlord; and, (iv) notices to Tenant shall be sent to Tenant’s 's Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Office Lease (Pivotal Corp)

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender executeLender, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after from receipt of such request, a statement in writing certifying, without limitation: (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 Rent and any other charges have has been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder); and, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by Landlord; and, (iv) notices to Tenant shall be sent to Tenant’s 's Address as set forth in Article 1 I of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Office Lease (Sunquest Information Systems Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request execute (and acknowledge if required by Landlord -------------------- any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLandlord, within ten five (105) business days after receipt of Landlord provides such requestto Tenant, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which the Rent and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging that there are not, with the passage of time or notice or bothto Tenant's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder or specifying such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Landlord may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Landlord and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon the Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (iib) there are no uncured defaults in Landlord's performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Landlord; (iv) notices Tenant to so deliver such certified estoppel certificate shall be a material default of the provisions of this Lease. Tenant shall be sent liable to Tenant’s Address as set forth in Article 1 Landlord, and shall indemnify Landlord from and against any loss, cost, damage or expense, incidental or consequential, arising or accruing directly or indirectly, from any failure of this Lease; Tenant to execute or deliver to Landlord any such certified estoppel certificate, together with any and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementEnforcement Expenses.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

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Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender will execute, acknowledge and deliver to Landlord or such LenderLandlord, within ten five (105) business days after receipt of such requestfollowing request therefor, a statement in writing certifying, without limitation: certificate certifying (ia) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, Lease is in full force and effect, as modified, and stating the modifications); (iib) the dates dates, if any, to which Rent Rent, Additional Charges and any other charges sums payable hereunder have been paid; (iiic) that Landlord is no notice has been received by Tenant of any default which has not been cured, except as to defaults specified in default under any provision of such certificate; and (d) subject to Section 33 below, this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) subordinate to any existing or future deed of trust, mortgage or security agreement placed upon the amount Premises or the Project by the Landlord or owner of Tenant’s security deposit and (vi) the Property. Any claim of Tenant in contradiction of any of the foregoing matters must be set forth with specificity in the certificate. Any such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered certificate may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of the Premises or any part thereof. Tenant’s 's failure to deliver such statement certificate within such the time permitted hereby shall be conclusive upon Tenant that: (i) that this Lease is in full force and effect effect, except to the extent any modification has been represented by Landlord, and has not been modified except as Landlord may represent; (ii) there are no uncured defaults in Landlord's performance, and that not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by . In addition, at Landlord; (iv) notices 's option, after notice to Tenant and expiration of applicable grace period under this Lease, such failure of Tenant to deliver such certificate shall constitute an Event of Default. Tenant acknowledges and agrees that the promise to issue such sxxxxxxnts pursuant hereto are a material consideration inducing Landlord to enter into this Lease and that the breach of such promise shall be sent to Tenant’s Address as set forth in Article 1 deemed a material breach of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Ilx Resorts Inc

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after receipt of such Landlord’s request, a statement execute and deliver to Landlord an estoppel certificate in writing certifying, without limitationfavor of Landlord and such other persons as Landlord shall request setting forth the following: (ia) a ratification of this Lease; (b) the Commencement Date and Expiration Date; (c) 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease lease is in full force and effect and has not been modified assigned, modified, supplemented or amended (except by such writing as Landlord may representshall be stated); (iid) not more than one that all conditions under this Lease to be performed by Landlord have been satisfied or, in the alternative, those claimed by Tenant to be unsatisfied; (1e) month’s Rent that no defenses or offsets exist against the enforcement of this Lease by Landlord or, in the alternative, those claimed by Tenant to exist; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid in advancepaid; (iiih) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 the amount of this Leasethe Security Deposit; and (vi) such other information79 as Landlord may80 request. Landlord’s mortgage lenders and purchasers shall be entitled to rely on any estoppel certificate executed by Tenant. 77 ; provided, that all other statements contained in the failure of Landlord to object to such estoppel are true and correct. Notwithstanding surrender or to deliver a written release within ninety (90) days after the presumptions expiration of the Term or sooner termination of this ArticleLease shall be deemed a release and acceptance by Landlord, provided that Tenant shall is not be relieved in default under this Lease 78 (a) one hundred ten percent (110%) of its obligation the Basic Monthly Rent payable by Tenant under this Lease for the final calendar month of the initial period constituting the Term under this Lease for the first three (3) months of such holdover term, (b) one hundred twenty-five percent (125%) of the Basic Monthly Rent payable by Tenant under this Lease for the final calendar month of the initial period constituting the Term under this Lease for the second three (3) months of such holdover term, and (c) one hundred fifty percent (150%) of the Basic Monthly Rent payable by Tenant under this Lease for the final calendar month of the initial period constituting the Term under this Lease for any period thereafter, 79 pertaining to deliver said statement.this Lease 80 reasonably

Appears in 1 contract

Samples: Office Lease (CHG Healthcare Services, Inc.)

Estoppel Certificate. Tenant shall At any time and from time to timetime but on not less than ten (10) business days' prior notice by Landlord, upon written request by Landlord or any Lender Tenant shall promptly execute, acknowledge and deliver to Landlord or such LenderLandlord, within ten (10) business days after receipt of such and, at Landlord's request, to any prospective purchaser, ground lessor, or mortgagee, a statement in writing certifyingcertificate certifying (a) that Tenant has accepted the Premises (or, without limitation: if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons for not accepting them); (ib) the Commencement and Expiration Dates; (c) that this Lease is unmodified and in full force and effect (or 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect as modified and has not been modified except as Landlord may representstating the date and nature of each modification); (iid) not more than one (1) month’s the dates, if any, to which Rent has been paid in advancepaid; (iiie) whether or not there are no then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same); (f) whether or not there are then existing any defaults by Landlord; Landlord in the performance of its obligations under this Lease (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Leaseand, if so, specifying same); and (vg) that such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by Landlord and by any prospective purchaser, ground lessor, or mortgagee considering the purchase of or a loan on all other statements contained or any part of the Building or interest in such estoppel are true and correctthe Building. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation indemnify and hold Landlord harmless from and against all costs, damages, expenses, liabilities and fees, including, without limitation, reasonable attorneys' fees and any consequential damages or lost profits, arising from or in any way related to or connected with Tenant's failure to deliver said statementany such certificate within the time specified in this Section 26. 27.

Appears in 1 contract

Samples: Lease (CTC Communications Group Inc)

Estoppel Certificate. Tenant shall Txxxxx agrees, at any time and from time to time, upon not less than fifteen (15) days prior written request notice by Landlord or any Lender Lxxxxxxx, to execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) certifying 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, Lease is in full force and effecteffect as modified and stating the modification); , (ii) stating the Basic Rent, and the dates to which the Rent and any other charges hereunder have been paid; paid by Txxxxx, (iii) that stating to the actual knowledge of Tenant, whether Landlord is not and Tenant are in default under in the performance of any provision of covenant, agreement or condition contained in this Lease (or Lease, and if Landlord is in defaultso, specifying each such default) and that, if true, no events or conditions exist which, with the passage default of time or notice or both, would constitute a default on the part of Landlord hereunderwhich Tenant may have actual knowledge, (iv) stating the address to which notices to Tenant shall should be sent; , (v) stating the amount Term of Tenant’s security deposit the Lease, the area encompassed by it, and the Lease Commencement Date; (vi) such other factual statements stating that Tenant has not prepaid any Rent under the Lease; and (vii) stating that Txxxxx has accepted the Premises in its "as may be reasonably requested is" condition, is in possession of the Premises and that all improvements have been made to the Premises as required by Landlord; it being understood that any the Lease (or, providing details to the extent the foregoing in (vii) are not correct). Any such statement so delivered pursuant hereto may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained the party so named in such estoppel are true and correct. Notwithstanding certificate, provided that such party is an owner of the presumptions Property, a prospective purchaser of this Articlethe Property, Tenant shall not be relieved a mortgagee or prospective mortgagee of its obligation to deliver said statementthe Complex or of Landlord's interest in either, or any prospective assignee of any such mortgagee.

Appears in 1 contract

Samples: Construction Contract (NightHawk Biosciences, Inc.)

Estoppel Certificate. Tenant shall from time to time, upon within ten (10) days after written request by Landlord or any Lender Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (ia) that this Lease is unmodified and in full force and effect effect, (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); (iib) the dates to which Basic Rent, Additional Rent and any other charges have been paidare paid in advance, if any; (iiic) that Landlord is not in default under there are not, to Tenant's knowledge, any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder, hereunder or specifying such defaults if any are claimed; (ivd) that Tenant has paid Landlord the Security Deposit (if any); (e) the address to which notices to Tenant shall be sentCommencement Date and the scheduled expiration date of the Lease Term; (vf) the rights (if any) of Tenant to extend or renew this Lease or to expand the Leased Premises; (g) the amount of Tenant’s security deposit Basic Rent, Additional Rent and other charges currently payable under this Lease; and (vih) such any other factual statements matters as may be reasonably requested by Landlord; it being understood that any . Any such statement so delivered may be relied upon by any prospective or existing purchaser, ground lessee or mortgagee of all or any portion of the Property, as well as by any other assignee of Landlord's interest in connection with any lease, mortgage or transferthis Lease. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (ii) that there are no uncured defaults in Landlord's performance hereunder; (iii) that Tenant has paid to Landlord the Security Deposit; (iv) that not more than one (1) month’s 's installment of Basic Rent or Additional Rent has been paid in advance; (iiiv) there that the Commencement Date and the scheduled expiration date of the Lease Term are no defaults by Landlordas stated therein; (ivvi) notices that Tenant has no rights to Tenant shall be sent extend or renew this Lease or to Tenant’s Address expand the Leased Premises; (vii) that the Basic Rent, Additional Rent and other charges are as set forth in Article 1 of this Lease; therein and (vviii) that all the other statements contained in such estoppel information and facts set forth therein are true and correct. Notwithstanding Landlord may also elect to treat Tenant's failure to provide the presumptions Estoppel Certificate within 20 days as an Event of this Article, Tenant shall not be relieved of its obligation to deliver said statementDefault.

Appears in 1 contract

Samples: Lease Agreement (Asset Acceptance Capital Corp)

Estoppel Certificate. Tenant Lessee shall from time to time, upon written request execute (and acknowledge if required by Landlord any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLessor, within ten not less than five (105) business days after receipt of Lessor provides such requestto Lessee, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which the Rent and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging that there are not, with the passage of time or notice or bothto Lessee's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunderLessor hereunder or specifying such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Lessor may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Lessor and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s Lessee's failure to deliver such statement within such time shall be conclusive upon Tenant that: the Lessee that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Lessor; (iib) there are no uncured defaults in Lessor's performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Lessee pays Rent quarterly in advance pursuant to Paragraph 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Landlord; (iv) notices Lessee to Tenant so deliver such certified estoppel certificate shall be sent to Tenant’s Address as set forth in Article 1 a default of the provisions of this Lease; . Lessee shall be liable to Lessor, and (v) that all other statements contained in shall indemnify Lessor from and against any loss, cost, damage or expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of Lessee to execute or deliver to Lessor any such certified estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcertificate.

Appears in 1 contract

Samples: Lease Agreement (Bikers Dream Inc)

Estoppel Certificate. (A) Tenant shall at any time upon not less than ten (10) days' prior written notice from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the 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) the dates acknowledging that there are not, to which Rent and Tenant's knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) or specifying such other factual statements as defaults if any are claimed. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. (B) Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one five (15) month’s Rent 's rent has been paid in advance; . (iiiC) there are no defaults If Landlord desires to finance or refinance said Premises, or any part thereof, or any Building of the Premises may be a part, Tenant hereby agrees to deliver to any lender designated by Landlord; (iv) notices to Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three years' financial statements of Tenant. All such financial statements shall be sent received by Landlord in confidence and shall be used only for the purposes herein set forth. (D) In the event of a sale or conveyance by Landlord of Landlord's interest in the Premises other than a transfer for security purposes only, Landlord shall be relieved from and after the date specified in any such notice of transfer of all obligations and liabilities accruing thereafter on the part of the Landlord, provided that any funds in the hands of Landlord at the time of transfer in which Tenant has an interest shall be delivered to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correctthe successor Landlord. Notwithstanding the presumptions of this Article, Tenant This Lease shall not be relieved of its obligation affected by any such sale, and Tenant agrees to deliver said statementattorn to the purchaser or assignee provided ail Landlord's obligations hereunder are assumed in writing by the transferee. 28.

Appears in 1 contract

Samples: Lease Agreement (Paravant Computer Systems Inc /Fl/)

Estoppel Certificate. Tenant shall from time to timeTenant, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within after not less than ten (10) business days after receipt of such requestprior written notice from Landlord, will deliver to Landlord a written statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying such modifications stating the nature of the modification and certifying that the 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, ii) stating the dates to which Rent amount of the security deposit, if any, held by Landlord and any other charges have been paid; (iii) acknowledging that Landlord is not in default under there are not, to Tenant's knowledge, any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunderthe Landlord, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that or stating any such claimed defaults. The statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferlender of the Premises. Tenant’s 's failure to deliver such the statement within such the time shall will be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; (be represented by Landlord, ii) that any security deposit is as represented by Landlord, iii) that there are no uncured defaults in Landlord's performance, and iv) that not more than one (1) month’s Rent 's rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices . If Landlord desires to Tenant shall be sent to Tenant’s Address as set forth in Article 1 sell or finance or refinance all or part of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this ArticlePremises, Tenant shall not be relieved of its obligation agrees to deliver said statementto any proposed purchaser or lender named by Landlord all financial statements of Tenant as may be reasonably required by the proposed purchaser or lender. The statements will include the past three years' financial statements of Tenant. All financial statements will be received by Landlord in confidence and will be used only for these purposes.

Appears in 1 contract

Samples: View Systems Inc

Estoppel Certificate. Tenant shall further agrees at any time and from time to time, upon -------------------- time on or before TEN (10) (6) days after written request by Landlord or any Lender Landlord, to execute, acknowledge and deliver to Landlord or such Lender, within ten an estoppel certificate certifying (10) business days after receipt of such request, a statement in writing certifying, without limitation: (ito the extent it believes the same to be true) 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, same is in full force and effecteffect as modified, and stating the modifications); , that there have been no defaults thereunder by Landlord or Tenant (ii) or if there have been defaults, setting forth the dates nature thereof), the date to which Rent the rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if trueany, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s any security deposit deposit, the Commencement Date and (vi) Termination Date of the term, whether or not Tenant has any options to extend the term or expand the Premises, that Tenant claims no present charge, lien, claim or offset against rent, the rent is not prepaid for more than one month in advance and such other factual statements matters as may be reasonably requested required by Landlord; , Landlord's. mortgagee, or any potential purchaser of the Building, it being understood intended that any such statement so delivered pursuant to this Paragraph may be relied upon in connection with by any leaseprospective purchaser of all or any portion of Landlord's interest herein, or a current or future holder of any mortgage or transferdeed of trust encumbering any portion of the Building Complex. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of a default under this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Office Building Lease (Colorado Business Bankshares Inc)

Estoppel Certificate. Tenant shall shall, without charge, at any time and from time to time, upon written within ten (10) days after request therefor by Landlord Landlord, Mortgagee, any purchaser of all or any Lender portion of the Project or any other interested person, execute, acknowledge and deliver to Landlord or such Lenderrequesting party a written estoppel certificate certifying, within ten (10) business days after receipt as of the date of such requestestoppel certificate, a statement in writing certifying, without limitationthe following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying such modifications and certifying that the Lease, as modified, Lease is in full force and effecteffect as modified and setting forth such modifications); (ii) that the dates to which Rent Term has commenced (and any other charges have been paidsetting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or, if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default under any provision of this Lease default; (or if Landlord is in default, specifying each such defaultx) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) that the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall should be sent to Tenant’s Address is as set forth in Article 1 of this Leasethe Lease (or, if not, specifying the correct address); and (vxi) that all any other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcertifications requested by Landlord.

Appears in 1 contract

Samples: Raytel Medical Corp

Estoppel Certificate. Tenant shall 28.01 Within ten (10) days following request by Lessor from time to time, upon written request by Landlord or any Lender execute, acknowledge Lessee shall execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, Lessor a statement certificate in writing certifying, without limitation: certifying (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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may representunmodified (or if modified, stating the nature of such modification and identifying the instrument by which such modification arose); (ii) the amount of the Base Monthly Rent and Additional Rent payable hereunder and the date to which rent and other charges are paid in advance, if any; (iii) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor hereunder or events or conditions that with the passage of time, the giving of notice or both would constitute a default (or specifying such defaults if they are claimed), and (iv) such other matters concerning this Lease and the Premises as may be requested. Within ten (10) days following the request of Lessor, Lessee shall also deliver to Lessor financial statements of Lessee and any guarantor(s) of Lessee, prepared in accordance with generally accepted accounting principles. Any such certificate or financial statement may be conclusively relied upon by any prospective purchaser or encumbrances of the Premises or the Project or any portion thereof. Lessee's failure to deliver any such certificate or statement within the required time shall be conclusive upon Lessee that (1) this Lease is in full force and effect, without modification except as may be represented by Lessor; (2) there are no uncured defaults in Lessor's performance; and (3) not more than one (1) month’s Rent 's rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address . Lessee hereby appoints Lessor as set Lessee's attorney-in-fact for the purpose of executing a certificate on behalf of Lessee setting forth the facts described in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation previous sentence if Lessee fails to deliver said statementsuch certificate within the required time.

Appears in 1 contract

Samples: L L Brown International Inc

Estoppel Certificate. Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lendershall, within ten (10) business days after receipt xxxx of such requestdemand, execute and deliver to Landlord a written statement in writing certifying, without limitation: (i) that this Lease is unmodified the commencement 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)expiration date of the Term; (ii) the dates amount of Base Rent and the date to which Rent and any other charges have it has been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; assigned or amended in any way (iior specifying the date and terms of each agreement so affecting this Lease) not more than one (1) month’s Rent and that no part of the Premises has been paid in advance; sublet (iii) there are no defaults by Landlordor to the extent such is not the case, a copy of any sublease); (iv) notices that Landlord is not in default under this Lease (or if such is not the case, the extent and nature of such default); (v) on the date of such certification, there are no existing defenses or claims which Tenant has against Landlord (or if such is not the case, the extent and nature of such defenses or claims); (vi) the amount of the Security Deposit held by Landlord; and (vii) any other fact or representation that a mortgagee or purchaser may reasonably request. It is intended that any such statement shall be binding upon Tenant and may be relied upon by a prospective purchaser or mortgagee. If Tenant fails to respond within ten (10) days of receipt of a written request by Landlord therefor, (a) Tenant shall be sent deemed to Tenant’s Address have given a certificate as set forth in Article 1 above provided, without modification, and shall be conclusively deemed to have admitted the accuracy of this Lease; any information supplied by Landlord to a prospective purchaser or mortgagee, and (vb) that all other statements contained Landlord may impose a fee of One Hundred Dollars ($100) per day for each day of delay in such estoppel are true and correct. Notwithstanding providing the presumptions of this Article, statement by Tenant shall not be relieved of its obligation to deliver said statementafter the ten (10) day period.

Appears in 1 contract

Samples: Lease (Source Energy Corp /Ut/)

Estoppel Certificate. Tenant shall from time to time, upon written request execute (and acknowledge if required by Landlord any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLandlord, within ten (10) business days after receipt of Landlord provides such requestto Tenant, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which the Rent and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging that there are not, with the passage of time or notice or bothto Tenant's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder or specifying such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Landlord may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Landlord and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon the Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (iib) there are no uncured defaults in Landlord's performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Landlord; (iv) notices Tenant to Tenant so deliver such certified estoppel certificate shall be sent to Tenant’s Address as set forth in Article 1 a material default of the provisions of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved indemnify Landlord from and against any loss, cost, damage or expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of its obligation Tenant to execute or deliver said statementto Landlord any such certified estoppel certificate.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Estoppel Certificate. Tenant shall shall, within fifteen (15) days after receipt of written notice from time to timeLandlord, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingsubstantially in the form attached to this Lease as Exhibit F, without limitation: or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant’s knowledge, would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other further factual statements information with respect to this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the Property. Tenant’s failure to deliver such statement within the prescribed time if such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not failure continues for more than one five (15) monthdays after Landlord gives Tenant written notice thereof shall, at Landlord’s Rent has been paid in advance; option, constitute a Default (iiias defined below) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of under this Lease; and (v) that all other , and, in any event, the statements contained in such estoppel are true the certificate prepared by Landlord and correctdelivered to Tenant for execution shall be binding upon Tenant. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation provide Landlord, on the same terms and conditions, with similar statements from the Guarantor with respect to deliver said statementthe Guaranty.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon not less than ten (10) days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingcertifying the following information, without limitation: (but not limited to the following information in the event further information is requested by Landlord): (i) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as modified, is in full force and effect); (ii) the dates to which Rent the rental and any other charges have been paidare paid in advance, if any; (iii) that Landlord is not in default under any provision the amount of this Lease (or if Landlord is in default, specifying each such default) and thatTenant's security deposit, if trueany; and (iv) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and. no events or conditions exist then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults, events or conditions, if any are claimed. It is expressly understood and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood agreed that any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the Real Property. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon constitute an admission by Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel therein are true and correct. Notwithstanding Tenant agrees to execute all documents required in accordance with this Article 25 within ten days after delivery of said documents. Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead to execute any and all documents described in this Article 25 if Tenant fails to do so within the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementspecified time period.

Appears in 1 contract

Samples: Office Lease (Trinagy Inc)

Estoppel Certificate. (a) Tenant shall at any time and from time to time, time upon not less than ten days' prior written request by Landlord or any Lender notice from Lessor execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, Lessor a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect)) and the dates to which the rental and other charges are paid in advance, if any; (ii) the dates acknowledging that there are not, to which Rent and Tenant's knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord Lessor hereunder, (iv) the address to which notices to Tenant shall be sentor specifying such defaults if they are claimed; (v) the amount of Tenant’s security deposit and (viiii) certifying such other factual statements matters relating to this Lease as Lessor may be reasonably requested by Landlord; it being understood that any request. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. (b) Tenant’s 's failure to deliver such a statement within such the time prescribed by Lessor in its request for same shall be conclusive upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Lessor, (ii) that there are no uncured defaults in Lessor's performance, and (iii) that not more than one (1) month’s Rent 's rental has been paid in advance; . 16. Lessor's Remedies (a) The following shall constitute events of default: (i) Tenant's failure to pay any amount due under Article 2, Article 5(b) or Article 7 of this Lease within 5 days of when due, or Tenants failure to pay any other amount due under this Lease within 5 days after notice from Lessor. (ii) Tenant's failure to execute, acknowledge and return an estoppel certificate under Article 16 or a subordination agreement under Article 19, within ten days after request. (iii) there are no defaults by LandlordTenant's failure to perform any other obligation under this Lease within fifteen days after notice of nonperformance; provided, however, that if the breach is of such a nature that it can be cured but it cannot be cured within fifteen days, Tenant shall be deemed to have cured if cure is commenced promptly and diligently pursued to completion with completion accomplished within 30 days of the original notice of nonperformance; and provided further, that in the event of a breach involving an imminent threat to health or safety, Lessor may in its notice of breach reduce the period for cure to such shorter period as may be reasonable under the circumstances. (iv) Tenant vacates, abandons, or otherwise ceases to operate the Premises on a continuing basis except temporary absence, excused by Lessor in its sole discretion, by reason of fire, casualty, or other cause wholly beyond Tenant's control. (v) Any goods, chattels or equipment of Tenant are taken in execution or in attachment or if a writ of execution is issued against Tenant or if Tenant or any guarantor becomes insolvent or files a petition under the Bankruptcy Act or becomes bankrupt or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver shall be appointed for the business, property, affairs or revenues of Tenant or any guarantor (provided, however, that in the case of involuntary proceedings, Tenant shall have 60 days to cause them to be dismissed), or if Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its goods, chattels and equipment out of the Premises other than in the normal course of its business. (b) Upon the occurrence of an event of default, Lessor, at any time thereafter without further notice or demand, may, in addition to all of its rights and remedies at law and/or at equity, exercise any one or more of the following remedies concurrently or in succession, all of which shall be cumulative: (i) Terminate Tenant's right to possession of the Premises by legal process or otherwise, with or without terminating this Lease, and retake exclusive possession of the Premises. (ii) From time to time relet all or portions of the Premises, using reasonable efforts to mitigate Lessor's damages. In connection with any reletting, Lessor may relet for a period extending beyond the term of this Lease and may make alterations or improvements to the Premises without releasing Tenant of any liability. Upon a reletting of all or substantially all of the Premises, Lessor shall be entitled to recover all of its then prospective damages for the balance of the Lease term measured by the difference between amounts payable under this Lease and the anticipated net proceeds of reletting during the remaining Term. In no event shall Tenant be entitled to receive any amount representing the excess of avails of reletting over amounts payable hereunder. (iii) From time to time recover accrued and unpaid rent and damages arising from Tenant's breach of the Lease, regardless of whether the Lease has been terminated, together with applicable late charges and interest. (iv) Enforce the statutory Lessor's lien on Tenant's property. (v) Recover all reasonable attorneys' fees incurred by Lessor in connection with enforcing this Lease, recovering possession and collecting amounts owned. (vi) Perform the obligation on Tenant's behalf and recover from Tenant, upon demand, the entire amount expended by Lessor plus 20% for special handling, supervision, and overhead. (vii) Terminate this Lease by giving written notice of such intention to terminate. In the event that Lessor elects to terminate this Lease, then Lessor may recover from Tenant: (a) All unpaid Rent owed by Tenant as of the date of termination; plus (b) All Rent which would have been payable by Tenant under this Lease but for its termination until the time of award; plus (c) All Rent under the Lease for the balance of the Term after the time of award; plus (d) All other damages incurred by Lessor as a result of Tenant's default. Although defined elsewhere, the parties acknowledge that the term Rent shall be deemed to be and mean the Annual Minimum Rent and all other sums required to be paid by Tenant pursuant to the terms of this Lease. (viii) Pursue other remedies available at law or in equity. (c) Upon a termination of Tenant's right to possession, whether or not this Lease is terminated, subtenancies and other rights of persons claiming under or through Tenant: (i) shall be terminated or (ii) Tenant's interest shall be assigned to Lessor. Lessor may separately elect termination or assignment with respect to each such subtenancy or other matter. 17. Notices All notices to be given by one party to the other under this Lease shall be in writing, mailed or hand-delivered to each at the address to the individual, set forth at the end of this Lease or at a changed address if notice of the change is given to the other party in writing. In the case of notice to Tenant after Tenant takes possession of the Premises, notice shall be sufficient if mailed or delivered to the address of the Premises. Mailed notices shall be sent by United States certified or registered mail, postage prepaid. Such notices shall be deemed to Tenant’s Address as set forth have been given upon posting in Article 1 the United States mail. Actual notice shall be no substitute for written notice under any provision of this Lease; . 18. Subordination Lessor expressly reserves the right at any time to place ground leases, liens and encumbrances on and against the Premises and the Center (v) collectively, the Title Matters ), superior in lien and effect to this Lease and the estate created hereby. Tenant acknowledges that all other statements contained there may currently exist any such Title Matters which are superior in such estoppel are true lien and correcteffect to this Lease and the estate created hereby. Notwithstanding the presumptions of this ArticleThis provision shall be self-operative, but Tenant shall not be relieved nevertheless execute upon request subordination agreements presented by Lessor to confirm the superiority of its obligation to deliver said statementthe Title Matters. 19.

Appears in 1 contract

Samples: Retail Sublease (Giant Industries Inc)

Estoppel Certificate. Tenant Landlord shall at any time and from time to timetime upon not less than ten (10) days' prior written notice from Tenant, upon written request by Landlord a Successor Owner, or any Lender Leasehold Mortgagee execute, acknowledge and deliver to Landlord Tenant, Successor owner or such Lender, within ten (10) business days after receipt of such request, Leasehold Mortgagee a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect)) and the dates to which the rental and other charges are paid in advance, if any; (ii) the dates acknowledging that there are not, to which Rent and Landlord's knowledge, any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord Tenant hereunder, (iv) the address to which notices to Tenant shall be sentor specifying such defaults if they are claimed; (v) the amount of Tenant’s security deposit and (viiii) certifying such other factual statements matters relating to this Lease as Tenant, the Successor Owner, or the Leasehold Mortgagee may be reasonably requested by Landlord; it being understood that any request. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the leasehold estate and/or the improvements. Tenant’s Landlord's failure to deliver such a statement within such the time prescribed shall be conclusive upon Tenant that: Landlord (i) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Tenant; (ii) not more than one (1) month’s Rent has been paid that there are no uncured defaults in advanceTenant's performance; and (iii) there are no defaults by Landlord; (iv) notices the accuracy of such other matters relating to this Lease as Tenant shall be sent to Tenant’s Address as may have been set forth in Article 1 the request. Additionally, nothing in this Section 22 shall limit any Party from making any other reasonable request for information relating to the Lease or compliance of a Party with any other term or provision of the Lease and the Party receiving any request made pursuant to this Lease; Section 22 shall cooperate with the requesting Party and shall deliver the certificate to the requesting party within twenty (v20) that all other statements contained in days of such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementrequest.

Appears in 1 contract

Samples: Land and Improvements Lease

Estoppel Certificate. Tenant shall At any time and from time to time, time upon written request by Landlord or any Lender executeLandlord, acknowledge and Tenant hereby agrees to deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement certificate to Landlord or to any present or proposed mortgagee or purchaser designated by Landlord, in writing the form supplied, certifying, without limitation: (i1) that this Lease is unmodified Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises, and in full force and effect (or if there have been modifications, identifying such modifications and certifying that specifying the Lease, as modified, is in full force and effectreasons therefore); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) or if modified, setting forth all modifications), or, if this Lease is not more than one (1) month’s Rent has been paid in advancefull force and effect, the certificate shall so specify the reasons therefor; (iii) there are no defaults the Commencement Date, the Expiration Date and the terms of any extension options of Tenant; (iv) the date to which the Base Rent and any Additional Rent have been paid under this Lease and the amount thereof then payable; (v) the amount of the Security Deposit and prepaid rent, if any, being held by Landlord; (ivvi) notices to Tenant shall be sent to Tenant’s Address as set forth whether there are then any existing defaults by Landlord in Article 1 the performance of its obligations under this Lease, and, if there are any such defaults, specifying the nature and extent thereof; (vii) that no notice has been received by Tenant of any default under this Lease which has not been cured, except as to defaults specified in the certificate; (viii) the capacity of the person executing such certificate, and that such person is duly authorized to execute the same on behalf of Tenant; (ix) the amount of the then current Base Rent; and (vx) that all any other statements contained in such estoppel are true and correct. Notwithstanding information reasonably requested by Landlord, its present or proposed purchaser, or the presumptions holder of this Article, Tenant shall not be relieved of its obligation to deliver said statementany Mortgage.

Appears in 1 contract

Samples: Building Lease (AcuNetx, Inc.)

Estoppel Certificate. Tenant shall shall, within [***] days after receipt of written notice from time to timeLandlord, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingWriting substantially in the form attached to this Lease as Exhibit I, without limitation: or on any other form reasonably requested by a proposed Lender or purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant’s knowledge, would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other further factual statements information with respect to this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. Tenant’s failure to deliver such statement within such the prescribed time shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, shall be conclusive binding upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent for execution. Landlord shall, within [***] days after receipt of written notice from Tenant, execute, acknowledge and deliver a comparable certificate to Tenant’s Address Tenant as set forth in Article 1 of this Lease; and (v) that all other statements contained in above, provided Xxxxxxxx’s failure to deliver such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant statement within such prescribed time shall not be relieved of its obligation deemed to deliver said statementbe an acknowledgment by Landlord that the Lease is in full force and effect and without modification.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Estoppel Certificate. Tenant shall agrees that, from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within not less than ten (10) business days after receipt prior request by Landlord, the Tenant, or Tenant’s duly-authorized representative having knowledge of such requestthe following fasts, will deliver to Landlord a statement in writing certifying, without limitation: certifying to the extent true (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, Lease as modified, modified is in full force and effect)) ; (ii) the dates to which Rent and any other charges have been paid; (iii) that the Landlord is not in default under any provision of this Lease (or Lease, or, if Landlord is in default, specifying each such default) the nature thereof in reasonable detail; and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) such further matters as are set forth on the address to which notices to Tenant shall be sent; (v) the amount form of Tenant’s security deposit estoppel certificate attached hereto as Exhibit “C” and (vi) such other factual statements as may be reasonably requested by Landlord; made a part hereof, it being understood intended that any such statement so delivered may be relied upon in connection with by any leaseprospective mortgagees thereof, or any prospective assignee of any mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Articlethereof, Tenant shall not execute and deliver to Landlord, the estoppel certificate attached as Exhibit “C” and whatever reasonable instruments may be relieved of its obligation required for such purposes, and in the event Tenant fails so to deliver said statementdo within twenty (20) days after demand writing, Tenant may, at Landlord’s option, be considered in default under this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Acell Inc)

Estoppel Certificate. Tenant shall from time to time, upon written request execute (and acknowledge if required by Landlord -------------------- any lender or any Lender execute, acknowledge ground lessor) and deliver to Landlord or such LenderLandlord, within not less than ten (10) business days after receipt of Landlord provides such requestto Tenant, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effectstating the nature of such modification); (ii) , the dates date to which the Rent and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist whichacknowledging that there are not, with the passage of time or notice or bothto Tenant's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder or specifying such defaults as are claimed, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements matters as Landlord may reasonably require. Any such statement may be reasonably requested by Landlord; it being understood that any such statement so delivered may be conclusively relied upon in connection with by Landlord and any lease, mortgage prospective purchaser or transferencumbrancer of the Premises. Tenant’s 's failure to deliver such statement within such time shall be conclusive upon the Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may representbe represented by Landlord; (iib) there are no uncured defaults in Landlord's performance; and (c) not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults , except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three month's Rent has been paid in advance. Failure by Tenant to so deliver such certified estoppel certificate, at Landlord; (iv) notices to 's option, shall be a default of the provisions of this Lease. Tenant shall be sent liable to Tenant’s Address as set forth in Article 1 Landlord, and shall indemnify Landlord from and against any loss, cost, damage or expense, incidental, consequential, or otherwise, arising or accruing directly or indirectly, from any failure of this Lease; and (v) that all other statements contained in Tenant to execute or deliver to Landlord any such certified estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcertificate.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Estoppel Certificate. Tenant shall from time As to timeeach Property, upon written request by Landlord or any Lender execute, acknowledge and Seller will deliver to Landlord Buyer, not later than three (3) days prior to the Closing Date, original estoppel certificates from the tenants required in this Section, in form and substance reasonably acceptable to Buyer, which: (a) is dated not more than thirty (30) days prior to the Closing Date; (b) is executed such by Tenant; (c) is addressed to (i) Buyer; (ii) as to each Property, to a “special purpose entity” to be formed to take title to such Property; (iii) any proposed lender identified by Buyer (“Lender”); and (iv) their respective successors and assigns; (d) verifies the basic facts of the applicable Lease (term, rental, expiration date, any options, etc.) and contains no assertions adverse to the landlord or such Lender, within ten (10) business days after receipt contrary to the provisions of such requestLease; (e) confirms that there are no known defaults by the landlord under such Lease, a statement in writing certifyingno unperformed or “punchlist” construction items, without limitationno unpaid tenant improvement allowances, inducements or leasing commissions, and no other due but unperformed obligations of the landlord; and (f) if such Tenant’s obligations under such Lease have been guaranteed by another person or entity, also covers such guaranty and is signed by such guarantor(s) (collectively, the “Estoppel Requirements”). The estoppels will be prepared by Seller using the form attached as Exhibit G. Estoppel certificates will be required for the following tenants: (i) each of the “Major Tenants” (as defined below), and (ii) as to each Property, additional estoppels from tenants covering at least seventy-five percent (75%) of the total leased area within such Property, excluding the aggregate area leased by any Major Tenant. As used in this Agreement, “Major Tenant” means any tenant occupying 20,000 square feet or more of gross leasable area within either of the Properties. Notwithstanding the foregoing and the form of estoppel certificate attached as Exhibit G, Buyer acknowledges that this Lease Major Tenants and other regional or national tenants of the Real Property may provide an estoppel using their own standard forms, and that some Leases may specify a particular form of estoppel, or the content of the estoppel, that the tenant is unmodified and required to provide. Accordingly, if any estoppel certificate is in full force and effect the form (a) attached as Exhibit G, or if there have been modifications(b) in the form specifically required by the applicable tenant Lease, identifying or (c) on the form customarily provided by the applicable tenant, such modifications and certifying estoppel certificate shall be deemed acceptable to Buyer provided it is not a Non-Complying Estoppel. The term “Non-Complying Estoppel” means any estoppel certificate that discloses information that is materially inconsistent with the Rent Roll, the representations of Seller herein or the Seller’s Diligence Materials or asserts that Seller is in default of the Lease, as modifiedor asserts a material claim, is in full force and effect); (ii) the dates to which Rent and offset or deduction against Seller or any other charges have been paid; material adverse matter, or does not satisfy all of the Estoppel Requirements listed above. Buyer shall notify Seller within two (iii2) that Landlord business days of receipt of any estoppel certificate in the event Buyer determines such estoppel certificate is not acceptable to Buyer along with the reasons for such determination. In the event Buyer fails to give such notice within such two (2) business day period, then any such estoppel certificate shall be deemed to be acceptable to Buyer. Seller will not be in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage Agreement by reason of time or notice or both, would constitute a default on the part Buyer’s rejection of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcertificate.

Appears in 1 contract

Samples: Master Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

Estoppel Certificate. Tenant shall shall, without charge, at any time and from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt request therefor by Landlord, Mortgagee, any purchaser of the Land, the Complex or the Building or any other interested person, execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the date of such requestestoppel certificate, a statement in writing certifying, without limitationthe following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying such modifications and certifying that the Lease, as modified, Lease is in full force and effecteffect as modified and setting forth such modifications); (ii) that the dates to which Rent Term has commenced (and any other charges have been paidsetting forth the commencement date and expiration date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of rent currently due and payable by Tenant; (v) that any alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder; (vii) that no rent (except the first installment thereof') has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default under any provision of this Lease default; (or if Landlord is in default, specifying each such defaultx) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) that the address to which notices to Tenant shall should be sentsent is as set forth in the Lease (or, if not, specifying the correct address); (v) the amount of Tenant’s security deposit and (vixi) such any other factual statements as may be reasonably certifications requested by Landlord; it being understood that any . Any such statement so estoppel certificate delivered pursuant to this Article may be relied upon in connection with by any leasemortgagee, mortgage beneficiary, purchaser or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except prospective purchaser of any portion of the Land, as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address well as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementtheir assignees.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Exigent International Inc)

Estoppel Certificate. Tenant shall agrees that from time to time, time (but not more frequently than once each year and also upon written commencement of the Term and in connection with any sale or refinancing of the Building and upon any request by Landlord Landlord's lender) upon not less than thirty (30) days' prior request by Landlord, Tenant or any Lender execute, acknowledge and Tenant's duly authorized representative having knowledge of the following facts shall deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: certifying (ia) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodifications that the Lease as modified is in full force and effect); (b) the dates to which Base Rent, identifying rent adjustments and other sums payable under this Lease have been paid; (c) that, to the best of Tenant's knowledge, neither Landlord nor Tenant is in default under any provision of this Lease, or, if in default, the nature thereof in reasonable detail; (d) that, to the best of Tenant's knowledge, there are no offsets or defenses to the payment of Base Rent, additional rent or any other sums payable under this Lease, or if there are any such offsets or defenses, specifying such in reasonable detail; and (e) such other matters relating to the status of the Lease as may be reasonably requested. In the event Tenant fails to deliver such statement to Landlord within such 30-day period, such failure, if not cured within an additional 15- day period after delivery of written notice thereof, shall constitute a material default hereunder and exercise the remedies provided by Article 15 hereof (without any notice otherwise required by said Article 15). Landlord agrees that from time to time upon not less than thirty (30) days prior written request by Tenant (but not more frequently than once each year) , and upon not less than thirty (30) days prior written request by any approved assignee or subtenant in connection with the execution and delivery of any assignment or sublease, Landlord or Landlord's duly authorized representative having knowledge of the following facts shall deliver to Tenant a statement in writing certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications and certifying that the Lease, as modified, is in full force and effect); (iib) the dates to which Rent the Base Rent, rent adjustments and any other charges sums payable under this Lease have been paid; (iiic) that to the best of Landlord's knowledge, neither Landlord nor Tenant is not in default under any provision of this Lease (or Lease, or, if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentnature thereof in reasonable detail; (v) the amount of Tenant’s security deposit and (vid) such other factual statements matters relating to the status of the Lease as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementrequested.

Appears in 1 contract

Samples: Office Lease (21st Century Telecom Group Inc)

Estoppel Certificate. Tenant shall shall, without charge, at any time and from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt request therefor by Landlord, Mortgagee, any purchaser of the Land or the Building , execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the date of such requestestoppel certificate, a statement in writing certifying, without limitationthe following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying such modifications and certifying that the Lease, as modified, Lease is in full force and effecteffect as modified and setting forth such modifications); (ii) that the dates to which Rent Term has commenced (and any other charges have been paidsetting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default under any provision of this Lease default; (or if Landlord is in default, specifying each such defaultx) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) that the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall should be sent to Tenant’s Address is as set forth in Article 1 of this Leasethe Lease (or, if not, specifying the correct address); and (vxi) that all any other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementfactual certifications requested by Landlord.

Appears in 1 contract

Samples: Cysive Inc

Estoppel Certificate. Tenant shall from shall, without charge and at any time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement request by Landlord execute and deliver to Landlord a written estoppel certificate in writing certifying, without limitationreasonable form certifying to Landlord or any other person(s) designated by Landlord: (ia) that the Premises have been delivered to Tenant in the condition required by this Lease and that Tenant is in possession of the Premises and is currently paying Rent in full; (b) that the Lease is unmodified and in full force and effect (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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect as modified and has not been modified except as Landlord may representsetting forth the modifications; (iic) whether or not more than one there are then existing any set-offs or defenses against the enforcement of any right or remedy of Landlord, or of any duty or obligation of Tenant under the Lease, and if so, describing the setoffs or defenses; (1d) month’s the dates, if any, any Rent has been paid in advance; (iiie) there are that Tenant has no knowledge of any uncured defaults by Landlordon the part of Landlord under this Lease, or if Tenant knows of any event, a description of the event; (ivf) notices that Tenant has no knowledge of any event that authorized Tenant to terminate this Lease (or if Tenant has any knowledge, specifying the event in detail); (g) the current and future schedule of Rent; (h) the expiration date of the Term and of any Option Term; and (i) any other matters that Landlord or such other person(s) may require to be confirmed. Tenant's failure to respond within the ten (10) day period prescribed in this section shall be sent to constitute Tenant’s Address as 's irrevocable acceptance and approval of the facts set forth in Article 1 of any statement delivered by Landlord to Tenant pursuant to this Lease; section and (v) that all other shall thereafter be estopped from asserting any claims contrary to the statements contained in such the estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementcertificate.

Appears in 1 contract

Samples: Lease Agreement (Americabilia Com Inc)

Estoppel Certificate. Tenant shall shall, within fifteen (15) days after receipt of written notice from time to timeLandlord, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingsubstantially in the form attached to this Lease as Exhibit I, without limitation: or on any other form reasonably requested by a proposed Lender or purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the Lease, this Lease as modified, so modified is in full force and effect); (ii) and the dates to which Rent rental and any other charges have been paid; (iii) that Landlord is not are paid in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and thatadvance, if trueany, no events or conditions exist which(b) acknowledging that there are not, with the passage of time or notice or bothto Tenant's knowledge, would constitute a default any uncured defaults on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit or specifying such defaults if any are claimed, and (vic) setting forth such other further factual statements information with respect to this Lease or the Premises as may be reasonably requested by Landlord; it being understood that any thereon. Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferencumbrancer of all or any portion of the real property of which the Premises are a part. Tenant’s 's failure to deliver such statement within such the prescribed time shall, at Landlord's option, constitute a Default (as defined below) under this Lease, and, in any event, shall be conclusive binding upon Tenant that: (i) this that the Lease is in full force and effect and has not been modified without modification except as may be represented by Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults any certificate prepared by Landlord; (iv) notices Landlord and delivered to Tenant shall be sent for execution. Landlord shall, within fifteen (15) days after receipt of written notice from Tenant, execute, acknowledge and deliver a comparable certificate to Tenant’s Address Tenant as set forth in Article 1 of this Lease; and (v) that all other statements contained in above, provided Landlord's failure to deliver such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant statement within such prescribed time shall not be relieved of its obligation deemed to deliver said statementbe an acknowledgment by Landlord that the Lease is in full force and effect and without modification.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Estoppel Certificate. The Tenant shall from time to time, upon written request within ten (10) days after being requested to do so by the Landlord or any Lender mortgagee, execute, acknowledge and deliver to the Landlord or such Lender(or, within ten (10) business days after receipt of such at the Landlord’s request, a statement to any existing or prospective purchaser, transferee, assignee or Mortgagee of any or all of the Premises) an instrument in writing certifyingrecordable form, without limitation: certifying (ia) that this Lease is unmodified and in full force and effect (or or, if there have has been modificationsany modification thereof, identifying such modifications and certifying that the Lease, as modified, it is in full force and effecteffect as so modified, stating therein the nature of such modification); (iib) as to the dates to which the Minimum Rent and any other charges arising hereunder have been paid; (iiic) as to the amount of any prepaid rent or any credit due to the Tenant hereunder; (d) that the Tenant has accepted possession of the Premises (if Landlord has delivered the Premises in accordance with this Agreement), and the Commencement Date; (e) as to whether, to the best knowledge, information and belief of the signer of such certificate, the Landlord or the Tenant is not then in default under in performing any provision of this Lease its obligations hereunder (or and, if Landlord is in defaultso, specifying the nature of each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent); (v) the amount of Tenant’s security deposit and (vif) such as to any other factual statements as may be fact or condition reasonably requested by the Landlord or such other addressee. In the event the Tenant fails or refuses to provide such a certificate, and following five (5) business days’ written notice and opportunity to cure, at Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s option: (i) the failure of Tenant to deliver such statement within such time shall constitute a material default of Tenant hereunder, in which event Tenant shall be liable to Landlord for any resulting loss or damage (including reasonable counsel fees) up to a maximum amount of One Million Dollars ($1,000,000.00); or (ii) it shall be conclusive upon Tenant that: that (ia) this Lease is in full force and effect and has not been modified except as Landlord may represent; effect, without modification, (iib) there are no material uncured defaults in Landlord’s performance, (c) not more than one (1) month’s Base Rent has been paid in advance; , (iiid) there are no defaults all Tenant improvements to be constructed by Landlord; (iv) notices to Tenant shall be sent to Tenant, if any, have been completed in accordance with Landlord’s Address as set forth in Article 1 of this Lease; obligations and (ve) that all other statements contained in such estoppel are true and correct. Notwithstanding Tenant has taken possession of the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementPremises.

Appears in 1 contract

Samples: Lease Agreement (Macrogenics Inc)

Estoppel Certificate. A. As often as may be requested by Landlord, Tenant shall from time to time, upon within thirty (30) days after the written request by of Landlord or any Lender execute, acknowledge and without cost to Landlord duly execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, to any other person designated by Landlord a statement in writing written instrument certifying, without limitation: (i) that this Lease is unmodified and in full force and effect (or if there have has been modificationsa modification, identifying such modifications and certifying that the Lease, as modified, same is in full force and effecteffect as modified, and stating the modification); (ii) the dates dates, if any, to which Rent the Rent, and any other charges sums and payments due under this Lease have been paid; (iii) that whether Landlord is not in default has breached the performance of any covenants, terms and conditions on Landlord's part to be performed under any provision this Lease, and the nature of this Lease (or if Landlord is in default, specifying each such default) and thatLandlord's breach, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, any; and (iv) such other relevant information as Landlord or any Mortgagee may reasonably request. Landlord may prepare said document for Tenant's signature and send the address same to which notices Tenant for Tenant's signature. If Tenant does not execute and return the same to Landlord within thirty (30) days after Landlord's initial request Landlord shall so notify Tenant in writing ("First Estoppel Notice"). If Tenant does not execute and return the same to Landlord within fifteen (15) days after delivery of the First Estoppel Notice Landlord shall so notify Tenant in writing ("Second Estoppel Notice"). If Tenant does not execute and return the same to Landlord within fifteen (15) days after delivery of the Second Estoppel Notice, Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure deemed to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that have certified all other statements information contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementtherein.

Appears in 1 contract

Samples: Lease Agreement (First Capital Income Properties LTD Series Viii)

Estoppel Certificate. Tenant shall shall, without charge, at any time and -------------------- from time to time, upon written within fifteen (15) days after request therefor by Landlord Landlord, Mortgagee, any purchaser of the Land or the Building or any Lender other interested person, execute, acknowledge and deliver to Landlord or such Lenderrequesting party a written estoppel certificate certifying, within ten (10) business days after receipt as of the date of such requestestoppel certificate, a statement in writing certifying, without limitationthe following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, identifying such modifications and certifying that the Lease, as modified, Lease is in full force and effecteffect as modified and setting forth such modifications); (ii) that the dates to which Rent Term has commenced (and any other charges have been paidsetting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Base Rent and Additional Rent currently due and payable by Tenant; (v) that any Alterations required by the Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, charges, liens, claims or defenses against the enforcement of any right hereunder, including, without limitation, Base Rent or Additional Rent (or, if alleged, specifying the same in detail); (vii) that no Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default under any provision of this Lease default; (or if Landlord is in default, specifying each such defaultx) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) that the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall should be sent to Tenant’s Address is as set forth in Article 1 of this Leasethe Lease (or, if not, specifying the correct address); and (vxi) that all any other statements contained in such estoppel are true and correctcertifications requested by Landlord. Notwithstanding the presumptions of this ArticleIn addition, within fifteen (15) days after request by Landlord, Tenant shall not be relieved deliver to Landlord audited financial statements of Tenant for its obligation to deliver said statementmost recently ended fiscal year and interim unaudited financial statements for its most recently ended quarter.

Appears in 1 contract

Samples: Work Agreement (Exodus Communications Inc)

Estoppel Certificate. Tenant shall Within ten (l0) days following any written request which Lessor may make from time to time, upon written request by Landlord or any Lender execute, acknowledge Lessee shall execute and deliver to Landlord Lessor or such Lender, within ten (10) business days after receipt of such request, any prospective Lessor or mortgagee or prospective mortgagee a sworn statement in writing certifying, without limitation: (ia) the date of commencement of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodifications hereto, identifying such modifications and certifying that the Lease, as modified, is in full force and effect); (ii) the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect effect, as modified, and has not stating the date and nature of such modifications), (c) the date to which the rent and other sums payable under this Lease have been modified except as Landlord may represent; paid, (iid) not more than one (1) month’s Rent has been paid in advance; (iii) the fact that there are no current defaults under this Lease by Landlord; either Lessor or Lessee, except as specified in Lessee's statement, and (ive) notices such other matters requested by Lessor. Lessor and Lessee intend that any statement delivered pursuant to Tenant this Paragraph may be relied upon by any mortgagee, beneficiary or purchaser and Lessee shall be sent to Tenant’s Address as set forth in Article 1 liable for all loss, cost or expense resulting from the failure of this Lease; and (v) that all other statements any sale or funding of any loan caused by any material misstatement contained in such estoppel are true certificate. Lessee hereby irrevocably appoints Lessor, or if Lessor is a trust, Lessor's beneficiary or agent, as attorney-in-fact, for the Lessee with full power and correct. Notwithstanding authority to execute and deliver the presumptions of this Articlesame after such ten (l0) day period and such certificate as signed by Lessor, Tenant Lessor's beneficiary or agent, as the case may be, shall not be relieved of its obligation fully binding on Lessee, if Lessee fails to deliver said statementa contrary certificate within five (5) days after receipt by Lessee of a copy of the certificate executed by Lessor, Lessor's beneficiary or agent, as the case may be, on behalf of Lessee. This Paragraph shall also be binding on any subtenant of Lessee.

Appears in 1 contract

Samples: Office Lease (Tunes Com Inc)

Estoppel Certificate. Tenant shall shall, at the request of Landlord at any time and from time to timetime upon not less than ten (10) days' prior written notice, upon written request by Landlord or any Lender execute, acknowledge in recordable form, and deliver to Landlord (or such Lenderto Landlord's mortgagee, within ten (10ground lessor, auditors or a prospective purchaser of the Project or any part thereof) business days after receipt of such request, a statement in writing certifying, without limitation: (i) certificate stating that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); (ii) , and the dates to which the Rent and any other charges have been are paid; (iii) , and that Landlord Tenant is not in default under paying Rent on a current basis with no offsets or claims, and there are not, to Tenant's knowledge, any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default uncured defaults on the part of Landlord hereunder(or specifying such offsets, (iv) claims or defaults, if any are claimed). Such certificate may require Tenant to specify the address date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, current Operating Cost Rent estimates, the net rentable area of the Premises, the date to which notices Rent has been paid, whether or not Landlord has completed any improvements required to Tenant shall be sent; (v) made to the amount of Tenant’s security deposit Premises and (vi) such other factual statements matters as may be reasonably requested by Landlord; it being understood that any required. Any such statement so delivered certificate may be relied upon in connection with by any leaseprospective purchaser or encumbrancer of all or any portion of the Project, mortgage any mortgagee or transferground lessor, auditors or any other person to whom it is delivered. Tenant’s The failure to deliver such statement within such the time shall required hereunder shall, at the option of Landlord, be a default under this Lease, or be conclusive evidence, binding upon Tenant that: (i) that this Lease is in full force and effect and has not been modified effect, without modification, except as may be represented by Landlord, that there are no uncured defaults by Landlord may represent; (ii) and that not more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to , and the Tenant shall be sent estopped from asserting any defaults known to Tenant’s Address as set forth in Article 1 of this Lease; and (v) it at that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementtime.

Appears in 1 contract

Samples: Office Lease (Interactive Group Inc)

Estoppel Certificate. Tenant shall shall, at any time and from time to time, upon not less than 10 days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt a written statement substantially in the form of such request, a statement in writing certifying, without limitation: Exhibit "D" certifying (i) that this Lease represents the entire agreement between Landlord and Tenant, and is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); , (ii) the dates to which the Rent and any other charges have been paidare paid in advance, if any; (iii) that Landlord is not in default under any provision the Lease Commencement Date and expiration date of the Lease Term, (iv) whether Tenant has assigned or transferred this Lease or any interest of Tenant therein; and (or if Landlord is in defaultv) that there are not, specifying each such default) and thatto Tenant's knowledge, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default any uncured defaults on the part of Landlord hereunderhereunder and that Tenant has no right of offset, (iv) the address to which notices to Tenant shall be sent; (v) counterclaim or deduction against Rent, or specifying such defaults if any are claimed together with the amount of any offset, counterclaim or deduction alleged by Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any . Any such statement so delivered may be relied upon in connection with by any lease, mortgage prospective purchaser or transferlender upon the security of the real property of which the Building and the Premises are a part. Tenant’s 's failure to deliver such statement within such the time required shall be conclusive and binding upon Tenant that: that (ia) this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Landlord, (iib) not there are no uncured defaults in Landlord's performance and that Tenant has no right of offset, counterclaim or deduction against Rent, and (c) no more than one (1) month’s 's Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Nara Bancorp Inc

Estoppel Certificate. Tenant shall 37.1 Lessee agrees that at any time and from time to time, time upon written not less than ten (l0) days' prior request by Landlord or any Lender executeLessor, acknowledge Lessee shall prepare, execute and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, Lessor a statement in writing certifying, without limitation: certifying (ia) the date upon which the term of this Lease commences and terminates; (b) the date to which Base Rental and any Additional Monthly Rent has been paid; (c) the amount of any Security Deposit; (d) that this Lessee has accepted and is occupying the Leased Premises; (e) that the Lease is unmodified and in full force and effect and has not been modified or amended; (or if there f) that all improvements to the Leased Premises have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effect)satisfactorily completed; (ii) the dates to which Rent and any other charges have been paid; (iiig) that Landlord is not in default there are no defaults of Lessor under the Lease nor any provision existing condition upon which the giving of this Lease (notice or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage lapse of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sentdefault; (vh) that Lessee has not received any concession; (i) that Lessee has received no notice from any insurance company of any defects or inadequacies of the amount of Tenant’s security deposit Leased Premises; (j) that Lessee has no options or rights other than as set forth in the Lease; and (vik) such other factual statements matters which Lessor may reasonably request. If such statement is to be delivered to a purchaser of the Complex, it shall further include the agreement of Lessee to recognize such purchaser as may be reasonably requested by Landlord; it being understood Lessor under the Lease and to thereafter pay rent to such purchaser or its designee in accordance with the terms of this Lease, and Lessee acknowledges that any such statement so delivered may be relied upon in connection with any lease, mortgage or transferpurchaser will rely on such statement. Tenant’s Lessee's failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) Lessee that this Lease is in full force and effect without any modification and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) that there are no defaults by Landlord; (iv) notices defaults. Lessee agrees that the failure to Tenant deliver such statement shall be sent to Tenant’s Address as set forth in Article 1 an event of default under this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Lease Agreement (Metrowerks Inc /Tx/)

Estoppel Certificate. Tenant shall from time to timeshall, upon written request by Landlord or any Lender executewithin five (5) days after Landlord's request, acknowledge execute and deliver to Landlord or such Lender, within ten (10) business days after receipt an estoppel certificate in favor of such request, a statement in writing certifying, without limitationLandlord and other persons as Landlord shall request setting forth the following: (ia) a ratification of this Lease; (b) the Commencement Date and Expiration Date; (c) 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 Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has not been modified assigned, modified, supplemented or amended (except by such writing signed by Landlord as shall be stated); (d) that all conditions under this Lease to be performed by Landlord have been satisfied, or, in the alternative, those claimed by Tenant to be unsatisfied; (e) that no defenses or offsets exist against the enforcement of this Lease by Landlord, or, in the alternative, those claimed by Tenant; (f) the amount of advance rent, if any (or none if such is the case), paid by Tenant; (g) the date to which rent has been paid; (h) the amount of the Security Deposit; and (i) such other information as Landlord may represent; request. Landlord's mortgage lenders and purchasers shall be entitled to rely on any estoppel certificate not returned within such five (ii5) not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to day period, and Tenant shall be sent deemed to Tenant’s Address as set forth in Article 1 of this Lease; have admitted and (v) that all other statements confirmed to Landlord and Landlord's mortgage lenders and purchasers the information contained in such estoppel are certificate, or in the alternative, at Landlord's election, Landlord may execute the same on behalf of Tenant as Tenant's duly authorized attorney-in-fact. For such purpose, Tenant makes, constitutes and appoints Landlord as Tenant's true and correctlawful attorney to act for Tenant and in Tenant's name, place and stead and for Tenant's use and benefit. Notwithstanding the presumptions Such power of this Article, Tenant attorney shall not be relieved of its obligation irrevocable and shall be deemed to deliver said statementbe coupled with an interest.

Appears in 1 contract

Samples: Center Lease Willow Creek Shopping Center (MCT Holding Corp)

Estoppel Certificate. Upon not less than ten (10) business days' prior notice by Landlord, Tenant shall from time to time, upon written request by Landlord or any Lender execute, acknowledge and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifying, without limitation: (i) certifying that this Lease is unmodified and in full force and effect and that, except as stated therein, Tenant has no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Fixed Rental and Additional Rent and any other charges and to perform its other covenants under this Lease (or or, if there have been modifications, identifying such any modifications and certifying that the Lease, as modified, same is in full force and effecteffect as modified and stating the modifications and, if there are any defenses, offsets or counterclaims, setting them forth in reasonable detail); (ii) , the dates to which the Fixed Rental and Additional Rent and any other charges have been paid; (iii) paid and a statement that Landlord is not in default under any provision of this Lease hereunder (or if Landlord is in default, specifying each the nature of such default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that any in reasonable detail). Any such statement so delivered pursuant to this Section 10.10 may be relied upon by any prospective purchaser or mortgagee of the Building. Upon not less than ten (10) business days' prior notice by Tenant, Landlord shall execute, acknowledge and deliver to Tenant a statement in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (i) writing certifying that this Lease is unmodified and in full force and effect and that Landlord has no knowledge of any default by Tenant under this Lease (or, if there have been any modifications, that the same is in full force and effect as modified and has not been modified except as Landlord may represent; (ii) not more than one (1) month’s Rent has been paid in advance; (iii) stating the modifications and, if to Landlord's knowledge there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set any defaults, setting them forth in Article 1 reasonable detail). Any such statement delivered pursuant to this Section 10.10 may be relied upon by any respective subtenant or assignee of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementTenant.

Appears in 1 contract

Samples: Extension of Lease (Mercury Computer Systems Inc)

Estoppel Certificate. Within five (5) days after Tenant shall from time to time, upon written request by Landlord opens for business or any Lender execute, acknowledge and deliver to Landlord or such Lender, at anytime within ten (10) business days after receipt written request therefor by Landlord in the event that an estoppel certificate is required from Tenant upon any sale, assignment or hypothecation of the Premises or the land thereunder by Landlord or for any other reason, Txxxxx agrees to deliver in recordable form an estoppel certificate addressed to any such request, a statement in writing certifying, without limitation: proposed mortgagee or purchaser or to Landlord certifying that (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, identifying such modifications and certifying that the Lease, as modified, is in full force and effect)effect as modified and stating the modifications; (ii) the dates amount of Minimum Monthly Rent and the date to which Minimum Monthly Rent and any other charges monetary obligations hereunder have been paidpaid in advance; (iii) that the amount of any security deposited with Landlord; (iv) the Landlord is not in default under any provision of this Lease (hereunder or if Landlord is claimed to be in default, specifying each such stating the nature of any claimed default) and that, if true, no events or conditions exist which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant shall be sent; (v) the amount surface and subsurface soil and water of Tenant’s security deposit the Premises have not been contaminated by “hazardous wastes or substances”; and (vi) such other factual statements matters as Landlord may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transferrequest. Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant that: (ia) that this Lease is in full force and effect and has not been modified effect, without modification except as Landlord may represent; be represented by Landlord, (iib) not that no more than one (1) month’s Minimum Monthly Rent has been paid in advance; , (iiic) that the amount of the security deposited with Landlord shall be as represented by landlord, and (d) that there are no uncured defaults by in Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statementperformance.

Appears in 1 contract

Samples: Center Triple Net Lease (Bank of Commerce Holdings)

Estoppel Certificate. Tenant shall from time to time, upon not less than ten (1O) days' prior written request by Landlord or any Lender notice from Landlord, execute, acknowledge acknowledge, and deliver to Landlord or such Lender, within ten (10) business days after receipt of such request, a statement in writing certifyingcertifying certain facts including, without limitation: (i) , that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, identifying stating the nature of such modifications modification and certifying that the this Lease, as so modified, is in full force and effect); (ii) and the dates to which Rent and any other charges have been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in defaultthe rental, specifying each such default) and thatthe security deposit, if trueany, and other charges, if any, are paid in advance, and acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions exist then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) or specifying such defaults, events, or conditions, if any are claimed. Any prospective purchaser or encumbrancer of the address to which notices to Tenant Building shall be sent; (v) the amount of Tenant’s security deposit and (vi) such other factual statements as may be reasonably requested by Landlord; it being understood that entitled to rely upon any such statement so delivered may be relied upon in connection with any leasestatement, mortgage or transfer. Tenant’s 's failure to deliver such statement within such time shall, at the option of Landlord, constitute a breach or default under this Lease if such option is not so exercised by Landlord, Tenant's failure shall be conclusive upon Tenant that: that (i) this Lease is in full force and effect and has not been modified without modification except as Landlord may representbe represented by Landlord; (ii) that there are no uncured defaults in Landlord's performance; and (iii) that not more than one two (12) month’s Rent months' rental has been paid in advance; . If Tenant fails to deliver the certificate within ten (iii1O) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 of this Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Articledays, Tenant shall not be relieved of irrevocable constitutes and appoints Landlord as its obligation special attorney-in-fact to execute and deliver said statementthe certificate to a third party.

Appears in 1 contract

Samples: Office Lease (1st Miracle Group Inc /Ontario/)

Estoppel Certificate. Tenant or Landlord shall from time to time, upon written request by Landlord the other or any Lender executeLender, acknowledge and deliver to Landlord the other or such Lender, within ten fifteen (1015) business days after from receipt of such request, a statement in writing certifying, without limitation: (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 Rent and any other charges have has been paid; (iii) that Landlord is not in default under any provision of this Lease (or if Landlord is in default, specifying each such default) ); and, Notwithstanding the above, Landlord agrees that as an express condition of Tenant's subordination, Landlord shall obtain from the applicable Lender, a written subordination and that, if true, no events or conditions exist which, with non-disturbance agreement for the passage benefit of time or notice or both, would constitute a default on the part of Landlord hereunder, (iv) the address to which notices to Tenant Tenant. Said subordination and non-disturbance agreement shall be sent; (v) in the amount of Tenant’s security deposit Lender's standard form and (vi) such shall provide, among other factual statements provisions, that so long as may be reasonably requested by Landlord; it being understood that any such statement so delivered may be relied upon in connection with any lease, mortgage or transfer. Tenant’s failure to deliver such statement within such time this Lease shall be conclusive upon Tenant that: (i) this Lease is in full force and effect and has that in the event it should become necessary to foreclose the Mortgage, the Lender thereunder will not been modified except join the Tenant in summary or foreclosure proceedings or otherwise interrupt Tenant's quiet use, enjoyment, or possession of the Premises pursuant to the Lease, so long as Landlord may represent; (ii) the Tenant is not more than one (1) month’s Rent has been paid in advance; (iii) there are no defaults by Landlord; (iv) notices to Tenant shall be sent to Tenant’s Address as set forth in Article 1 default under any of this the terms, covenants or conditions of the Lease; and (v) that all other statements contained in such estoppel are true and correct. Notwithstanding the presumptions of this Article, Tenant shall not be relieved of its obligation to deliver said statement.

Appears in 1 contract

Samples: Saville Systems PLC

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