Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Tenant shall, within ten (10) days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advance.

Appears in 8 contracts

Samples: Office Space Lease, Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)

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Estoppel Certificate. Tenant shall, within ten (10) business days following of receipt of written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing substantially in favor of Landlord and/or the form attached to this Lease as Exhibit E, or on any prospective purchaser other form reasonably requested by a proposed Lender or encumbrancer of the Building purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (iib) acknowledging thatthat there are not, to Tenant’s knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iiic) setting forth all such further information that Landlord with respect to this Lease or the Premises as may reasonably requirebe requested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel such statement within such the provided prescribed time shall be conclusive binding upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 6 contracts

Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

Estoppel Certificate. Tenant shall, within at any time and from time to time, upon not less than ten (10) days following days’ prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing certifying the following information, (but not limited to the following information in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, as modified, is in full force and effect); (ii) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any; (iii) the amount of Tenant’s security deposit, if any; and (iiiv) acknowledging thatthat there are not, to Tenant’s knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, and no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying each default such defaults, events or conditions, if any are claimed, . It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or ProjectReal Property. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel such statement within the provided such time shall be conclusive upon constitute an admission by Tenant that (i) all statements contained therein are true and correct. 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 Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advanceArticle 25 if Tenant fails to do so within the specified time period.

Appears in 5 contracts

Samples: Standard Office Lease, Standard Office Lease (1st Pacific Bancorp), Standard Office Lease (Nexsan Corp)

Estoppel Certificate. Tenant shall, within Landlord shall at any time and from time to time upon not less than ten (10) days following days' prior written notice from Landlord, Tenant or any Leasehold Mortgagee execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, Tenant or the Leasehold Mortgagee a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and ; (ii) acknowledging thatthat there are not, to Tenant’s Landlord's knowledge, there are no any uncured defaults on the part of LandlordTenant hereunder, or specifying each default such defaults if any they are claimed, ; and (iii) setting forth all further information that Landlord certifying such other matters relating to this Lease as Tenant or the Leasehold Mortgagee may reasonably requirerequest. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectleasehold estate and/or the improvements. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel a statement within the provided time prescribed shall be conclusive upon Tenant that Landlord (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, Tenant; (ii) that there are no uncured defaults in Landlord’s Tenant's performance, ; and (iii) not more than one month’s rental has the accuracy of such other matters relating to this Lease as Tenant as may have been paid set forth in advancethe request.

Appears in 5 contracts

Samples: Development and Disposition Agreement, Development Parcel Agreement, Development Agreement

Estoppel Certificate. Tenant shall, within ten (10) 10 business days following of written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor the form of Landlord and/or Exhibit H or in any prospective purchaser other form reasonably requested by a proposed lender or encumbrancer of the Building purchaser, (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (ii) acknowledging thatacknowledging, to the best of Tenant’s knowledge, that there are no not any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all such further information that Landlord with respect to the status of this Lease or the Premises as may be reasonably requirerequested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel such statement within such time shall, at the provided time shall option of Landlord, be conclusive upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 5 contracts

Samples: License Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)

Estoppel Certificate. Tenant shall, within Landlord shall at any time and from time to time upon not less then ten (10) days following days' prior written notice from Landlord, Tenant or any Leasehold Mortgagee execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, Tenant or the Leasehold Mortgagee a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and ; (ii) acknowledging thatthat there are not, to Tenant’s Landlord's knowledge, there are no any uncured defaults on the part of LandlordTenant hereunder, or specifying each default such defaults if any they are claimed, ; and (iii) setting forth all further information that Landlord certifying such other matters relating to this Lease as Tenant or the Leasehold Mortgagee may reasonably requirerequest. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectleasehold estate and/or the improvements. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel a statement within the provided time prescribed shall be conclusive upon Tenant that Landlord (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, Tenant; (ii) that there are no uncured defaults in Landlord’s Tenant's performance, ; and (iii) not more than one month’s rental has the accuracy of such other matters relating to this Lease as Tenant as may have been paid set forth in advancethe request.

Appears in 4 contracts

Samples: Development Agreement, Development and Disposition Agreement, Development Agreement

Estoppel Certificate. 29.01 Tenant shall, within at any time and from time to time, upon not less than ten (10) days following days’ prior written notice from Landlord, execute, acknowledge acknowledge, and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental, additional rent Rent and other charges have been paid in advance, if anyare paid, and (ii) acknowledging thatthat Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder (or specifying the offsets, claims, or specifying each default defaults, if any are claimed, ). It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer encumbrance of all or any portion of the Building or Projectby any other person to whom it is delivered. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel the statement within the provided required time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s performance, and (iii) that not more than one month’s two (2) months’ rental has have been paid in advance.

Appears in 4 contracts

Samples: Lease (Solta Medical Inc), Lease (Sound Surgical Technologies Inc.), Lease (Sound Surgical Technologies Inc.)

Estoppel Certificate. Tenant shall, within at any time upon not less than ten (10) days following prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall constitute a default under this Lease and shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance.

Appears in 4 contracts

Samples: Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc), Office Space Lease (United Panam Financial Corp)

Estoppel Certificate. Tenant shall, within ten (10) days following of receipt of written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing substantially in favor of Landlord and/or the form attached to this Lease as Exhibit E, or on any prospective purchaser other form reasonably requested by a proposed Lender or encumbrancer of the Building purchaser, (ia) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (iib) acknowledging thatthat there are not, to Tenant’s knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iiic) setting forth all such further reasonable information that Landlord with respect to this Lease or the Premises as may reasonably requirebe requested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part such that Tenant shall be stopped from arguing facts contrary to the express assertions of the estoppel. In addition to Landlord’s other rights and remedies, Tenant’s failure If Tenant fails to deliver any estoppel such statement within the provided time such prescribed time, then such estoppel shall be conclusive binding upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 3 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Estoppel Certificate. 25.01 Tenant shallwill execute and deliver to Landlord, within ten (10) business days following of Landlords written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably requiredemand, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is in full force and effect, and that the Base Monthly Rent and Additional Rent payable hereunder is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effectsuch modification) and the dates date to which the rental, additional rent and other charges have been paid in advanceare paid, if any, and (ii) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of Landlord, Landlord hereunder or specifying each default such defaults if any they are claimed, claimed and (iii) setting forth all further information that such other matters as Landlord may reasonably requirerequest. Tenant’s Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or ProjectPremises. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon Tenant that (i1) this Lease is in full force and effect, without modification except as may be represented by Landlord, ; (ii2) there are no uncured defaults in Landlord’s performance, 's performance and (iii3) not more than one (1) month’s rental 's rents has been paid in advance.

Appears in 3 contracts

Samples: Igo Corp, Rexall Sundown Inc, Innotrac Corp

Estoppel Certificate. Tenant shall, within at any time and from time to time, upon not less than ten (10) days following days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing certifying the following information, (but not limited to the following information in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, as modified, is in full force and effect); (ii) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, ; and (iiiii) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, and no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying each default such defaults, events or conditions, if any are claimed, . It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or ProjectReal Property. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon constitute an admission by Tenant that (i) this Lease is in full force all statements contained therein are true and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advancecorrect.

Appears in 2 contracts

Samples: Office Lease (Lindows Inc), Office Lease (Lindows Inc)

Estoppel Certificate. Tenant shallshall execute (and acknowledge if required by any lender or ground lessor) and deliver to Landlord, within ten (10) calendar days following written notice from Landlord, execute, acknowledge and deliver after Landlord provides such to Landlord, in any form that Landlord may reasonably requireTenant, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification), the modification and certifying that this Lease, as modified, is in full force and effect) and the dates date to which the rental, additional rent Rent and other charges have been are paid in advance, if any, and (ii) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of Landlord, Landlord hereunder or specifying each default if any such defaults as are claimed, and (iii) setting forth all further information that such other matters as Landlord may reasonably require. Tenant’s Any such statement may be conclusively relied upon by Landlord and any prospective purchaser or encumbrancer of all or any portion of the Building or other portions of the Project. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon the Tenant that (ia) this Lease is in full force and effect, without modification except as may be represented by Landlord, ; (iib) there are no uncured defaults in Landlord’s 's performance, ; and (iiic) not more than one month’s rental 's Rent has been paid in advance, except in those instances when Tenant pays Rent quarterly in advance pursuant to Section 8 hereof, then not more than three months' Rent has been paid in advance.

Appears in 2 contracts

Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)

Estoppel Certificate. Tenant shall, within at any time and from time to time but not more often than once per year, upon not less than ten (10) days following days' prior written notice from Landlord, execute, acknowledge acknowledge, and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental, additional rent Rent and other charges have been paid in advance, if anyare paid, and (ii) acknowledging thatthat Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder (or specifying the offsets, claims, or specifying each default defaults, if any are claimed, ). It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer encumbrance of all or any portion of the Building or Projectby any other person to whom it is delivered. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel the statement within the provided required time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s two (2) months' rental has have been paid in advance.

Appears in 2 contracts

Samples: Lease (Chaparral Network Storage Inc), Lease Agreement (Chaparral Network Storage Inc)

Estoppel Certificate. Tenant shall, shall within ten (10) 10 business days following of written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing substantially in favor of Landlord and/or the form attached to this Lease as EXHIBIT E with the blanks filled in, and on any prospective purchaser other form reasonably requested by a proposed lender or encumbrancer of the Building purchaser, (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, that there are no not any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all such further information that Landlord with respect to the status of this Lease or the Premises as may be reasonably requirerequested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within such time shall, at the provided time option of Landlord, constitute a Default under this Lease, and, in any event, shall be conclusive upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 2 contracts

Samples: Lease Agreement (SGX Pharmaceuticals, Inc.), Lease Agreement (SGX Pharmaceuticals, Inc.)

Estoppel Certificate. Tenant shall, within ten (10) business days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advance. Tenant may request Landlord to provide a similar estoppel certificate as described above, in which event Landlord shall execute and deliver such statement in the form reasonably requested by Tenant within ten (10) business days following written request from Tenant.

Appears in 1 contract

Samples: Office Space Lease (Intercept Pharmaceuticals Inc)

Estoppel Certificate. Tenant shall, within agrees that from time to time upon not less than ten (10) days following business days) days’ prior written notice from Landlordrequest by Landlord or any existing or prospective Mortgagee or Ground Lessor, executeTenant shall, acknowledge and Tenant shall 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 Landlord, in ’s designee or to any form that Landlord may reasonably requireexisting or prospective Mortgagee or Ground Lessor, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building written estoppel certificate certifying (ia) certifying that this Lease is unmodified and is in full force and effect (oror if there have been modifications, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effecteffect and setting forth the modifications); (b) the amounts of the monthly installments of Monthly Rent and Additional Rent then required to be paid under this Lease; (c) the dates date to which the rental, additional rent and other charges have Rent has been paid in advance, if any, and paid; (iid) acknowledging that, that to Tenant’s knowledge, there are no uncured defaults on Landlord is not in default under any of the part provisions of Landlordthis Lease, or specifying each default if any are claimedin default, the nature thereof in detail and what is required to cure same; and (iiie) setting forth all further such other information that Landlord may reasonably require. Tenant’s statement may be relied upon by any prospective purchaser or encumbrancer concerning the status of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease or the parties’ performance hereunder reasonably requested by Landlord or the party to whom such estoppel certificate is in full force and effect, without modification except as may to be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advanceaddressed.

Appears in 1 contract

Samples: Office Lease Agreement (Cambium Networks Corp)

Estoppel Certificate. Tenant shall, shall within ten (10) 10 business days following of written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing substantially in favor of Landlord and/or the form attached to this Lease as EXHIBIT G with the blanks filled in, and on any prospective purchaser other form reasonably requested by a proposed lender or encumbrancer of the Building purchaser, (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, that there are no not any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all such further information that Landlord with respect to the status of this Lease or the Premises as may reasonably requirebe requested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Estoppel Certificate. Tenant shall, within ten (10) business days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any a commercially reasonable form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advance. ARTICLE XIV.

Appears in 1 contract

Samples: BofI Holding, Inc.

Estoppel Certificate. Tenant shall, within ten (10) days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s 's other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance.

Appears in 1 contract

Samples: Pacific Mercantile Bancorp

Estoppel Certificate. (a) Tenant shall, within ten at any time upon not less than thirty (1030) days following prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall constitute a default under this Lease and shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance.

Appears in 1 contract

Samples: Quest Software Inc

Estoppel Certificate. Tenant shall, within at any time and from time to time, upon not less than ten (10) days following prior written notice from Landlord, execute, acknowledge acknowledge, and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental, additional rent Rent and other charges have been paid in advance, if anyare paid, and (ii) acknowledging thatthat Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder (or specifying the offsets, claims, or specifying each default defaults, if any are claimed, ). It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer encumbrance of all or any portion of the Building or Projectby any other person to whom it is delivered. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel the statement within the provided required time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s two (2) months' rental has been paid in advance.

Appears in 1 contract

Samples: Lease (Bi Inc)

Estoppel Certificate. Tenant shall, shall from time to time within ten (10) days following after prior written notice from Landlord, Landlord execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser the form set forth in Exhibit E attached hereto, or encumbrancer of the Building 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, if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates date to which the rental, additional rent Rent and other charges have been are paid in advance, if any, and (ii) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any they are claimed, and (iii) setting containing such other matters as are set forth all further information that Landlord may reasonably requirein such form. Tenant’s Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or ProjectPremises. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s rental 's Rent has been paid in advance.. (See page 28a)

Appears in 1 contract

Samples: Agreement of Sublease (Vision Solutions Inc)

Estoppel Certificate. Tenant shall, within ten (10) 10 business days following of written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing substantially in favor of Landlord and/or the form attached to this Lease as EXHIBIT G with the blanks filled in, or on any prospective purchaser other form reasonably requested by a proposed lender or encumbrancer of the Building purchaser, (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, that there are no not any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all such further information that Landlord with respect to the status of this Lease or the Premises as may reasonably requirebe requested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within such time shall, at the provided time option of Landlord, constitute a Default under this Lease, and, in any event, shall be conclusive upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 1 contract

Samples: Lease Agreement (Avigen Inc \De)

Estoppel Certificate. Tenant shall, within at any time and from time to time, upon not less than ten (10) days following calendar days' prior written notice from Landlord, execute, acknowledge acknowledge, and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and such other matters concerning this Lease and the Tenant as may be reasonably requested by Landlord, its lenders, or any potential assignee of Landlord, including the dates to which the rental, additional rent Rent and other charges have been paid in advance, if anyare paid, and (ii) acknowledging thatthat Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder (or specifying such offsets, claims, or specifying each default defaults, if any are claimed, ). It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building Complex or Projectby any other person to whom it is delivered. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s two (2) months, rental has been paid in advance. ARTICLE 25.

Appears in 1 contract

Samples: Lease (Healthetech Inc)

Estoppel Certificate. Tenant shall, within ten at any time upon not less than thirty (1030) days following prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall constitute a default under this Lease and shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance.

Appears in 1 contract

Samples: Office Space Lease (Netratings Inc)

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Estoppel Certificate. Tenant shall, within ten (10) business days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any a commercially reasonable form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advance.

Appears in 1 contract

Samples: Office Space Lease (BofI Holding, Inc.)

Estoppel Certificate. Tenant shall, within ten (10) days following of a written notice request from Landlord, execute, acknowledge execute and deliver to Landlord a written declaration, in form and substance as provided by Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (orand has not been assigned, if modified, stating the nature of the modification and certifying supplemented or amended (except by such writings as shall be stated therein); that all conditions under this Lease, as modified, is in full force and effect) and the dates Lease to which the rental, additional rent and other charges be performed by Landlord have been paid in advancesatisfied (if they have); that there are no defenses or setoffs against the enforcement of this Lease by 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 (ii) acknowledging that, the amount of security deposited with Landlord. Such declaration shall be executed and delivered by Xxxxxx from time to Tenant’s knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement time as may be relied requested by Landlord. Xxxxxxxx’s mortgage lenders and/or purchasers shall be entitled to rely upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectsame. In addition to Landlord’s other rights and remedies, Tenant’s failure to deliver any estoppel statement such declaration within the provided time permitted hereby shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without except to the extent any modification except as may be has been represented by Landlord, (ii) and that there are no uncured defaults in Landlord’s performance, and (iii) that not more than one month’s rental months’ rent has been paid in advance.

Appears in 1 contract

Samples: Center Lease Agreement (Energy Exploration Technologies, Inc.)

Estoppel Certificate. Tenant shall, within ten twenty (1020) days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any commercially reasonable form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's actual knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s 's other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance. Within twenty (20) days following request by Tenant but not more often than once annually, Landlord shall execute and deliver a corresponding estoppel certificate for the benefit of a purchaser or lender of Tenant.

Appears in 1 contract

Samples: Acacia Research Corp

Estoppel Certificate. Tenant shall, within ten at any time and from time to time, upon not less than twenty (1020) days following days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing certifying the following information, (but not limited to the following information in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building event further information is requested by Landlord): (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, as modified, is in full force and effect); (ii) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any; (iii) the amount of Tenant's security deposit, if any; and (iiiv) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, and to Tenant's knowledge, no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying each default such defaults, events or conditions, if any are claimed, . It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or ProjectReal Property. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon constitute an admission by Tenant that (i) this Lease is in full force all statements contained therein are true and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advancecorrect.

Appears in 1 contract

Samples: Multi Tenant Lease (SCOLR Pharma, Inc.)

Estoppel Certificate. (a) Tenant shall, within shall at any time upon ten (10) days following prior written notice from Landlord, Landlord execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates date to which the rental, additional rent and other charges have been are paid in advance, if any, and (ii) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of all or any portion encumbrances of the Building or ProjectBuilding. In addition to At Landlord’s other rights and remedies's option, Tenant’s 's failure to deliver any estoppel statement such statements within the provided such time shall be a material breach of this Lease or shall be conclusive upon Tenant (ii) that (i) this Lease lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s rental 's rent has been paid in advance; or such failure may be considered by Landlord as a default by Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Access Integrated Technologies Inc)

Estoppel Certificate. Tenant shall, within at any time upon not less than ten (10) days following prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall constitute a default under this Lease and shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance. Upon request by Tenant in connection with a proposed sale or financing of Tenant's business, Landlord shall furnish, not more than once annually, a corresponding estoppel statement for Tenant's benefit.

Appears in 1 contract

Samples: Myers Steven & Associates Inc

Estoppel Certificate. Tenant shall, within ten at any time upon not less than thirty (1030) days following prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall constitute a default under this Lease and shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, . (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance. Upon request by Tenant made not more often than annually, Landlord shall provide a similar estoppel certificate for the benefit of any potential third party lender or purchaser of Tenant.

Appears in 1 contract

Samples: Pimco Advisors Holdings Lp

Estoppel Certificate. Tenant shall, within at any time from time to time, upon not less than ten (10) business days following prior written notice from Landlord, execute, acknowledge acknowledge, and deliver to Landlord, in any form that Landlord may reasonably requireto the extent true and accurate, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, or if modified, stating the nature of the such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental, additional rent Rent and other charges have been paid in advance, if anyare paid, and (ii) acknowledging thatthat Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s 's knowledge, there are no uncured any incurred defaults on the part of LandlordLandlord hereunder (or specifying such offsets, claims, or specifying each default defaults, if any are claimed, ). It is expressly understood and (iii) setting forth all further information agreed that Landlord may reasonably require. Tenant’s any such statement may be relied upon by any prospective purchaser or encumbrancer encumbrance of all or any portion of the Building Premises, or Projectby any other person to whom it is delivered. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within the provided such time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s two (2) months rental has been paid in advance.

Appears in 1 contract

Samples: Lease Agreement (Concepts Direct Inc)

Estoppel Certificate. Tenant shall, within ten fifteen (1015) days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s 's other rights and remedies, Tenant’s 's failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than one month’s 's rental has been paid in advance. Such estoppel shall not increase any of Tenant's obligations or decrease any of Tenant's rights under the Lease. ARTICLE XIV.

Appears in 1 contract

Samples: Diedrich Coffee Inc

Estoppel Certificate. Tenant shall, within ten twenty (1020) days following written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably requirerequire and provide, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Project. In addition to Landlord’s other rights and remedies, TenantXxxxxx’s failure to deliver any estoppel statement within the provided time shall be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord’s performance, and (iii) not more than one month’s rental has been paid in advance.

Appears in 1 contract

Samples: Utilities and Services (Sirf Technology Holdings Inc)

Estoppel Certificate. Tenant shall, within ten (10i) Within seven (7) days following after written notice from request by Landlord, Tenant shall execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a written statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building certifying (iA) certifying that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (B) the amount of Base Rent currently payable by Tenant to Landlord; (C) Tenant’s Percentage and Tenant’s Share of Expenses currently payable by Tenant to Landlord; (D) the date to which Base Rent and Xxxxxx’s Share of Expenses have been paid in advance; (E) the amount of any security deposited with Landlord; (vi) that, to the knowledge of Tenant, Landlord is not in default hereunder or, if modifiedXxxxxxxx is claimed to be in default, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if anyany claimed default, and (iiF) acknowledging that, to Tenant’s knowledge, there are no uncured defaults on the part of such other matters as may be reasonably requested by Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s Any such statement may be relied upon by any prospective purchaser a purchaser, assignee or encumbrancer of all or any portion of the Building or Projectlender. In addition to Landlord’s other rights and remedies, Tenant’s failure to execute and deliver any estoppel such statement within the provided time required shall be a default under this Lease and shall also be conclusive upon Tenant that (i) this Lease is in full force and effect, without modification effect and has not been modified except as may be represented by Landlord, (ii) ; and there are no uncured defaults in Landlord’s performanceperformance and Tenant has no right of offset, and (iii) not more than one month’s rental has been paid in advancecounterclaim or deduction against rent.

Appears in 1 contract

Samples: Office Lease (MEI Pharma, Inc.)

Estoppel Certificate. Tenant shallLessee agrees to at any time and from time to time, within ten twenty (1020) days following after Lessee's receipt of Lessor's written notice from Landlordrequest, to execute, acknowledge and deliver without charge to LandlordLessor a written instrument, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer certifying the commencement date of the Building (i) certifying term of this lease, that Lessee has accepted possession of the demised premises and is open for business, that this Lease lease is unmodified and in full force and effect (oror if there have been modifications, if modified, stating the nature of the modification and certifying that this Lease, as modified, it is in full force and effect) effect as modified and stating the modifications), the dates to which the rentalbase rent, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging thatstating whether or not to the best knowledge of the signer of such certificate, to Tenant’s Lessor 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 the signer may or should have knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s statement certifying such other matters as may be relied upon reasonably requested by any prospective purchaser or encumbrancer of all or any portion of the Building or ProjectLessor ("Estoppel Certificate"). In addition to Landlord’s other rights and remedies, Tenant’s Lessee's failure to deliver any estoppel statement an Estoppel Certificate to Lessor within twenty (20) days after Lessor's written request therefor, shall at the provided time shall option of Lessor, be conclusive upon Tenant that Lessee that: (i1) this Lease lease is in full force and effect, effect without modification except as may be represented by Landlord, Lessor; (ii2) that there are no uncured defaults in Landlord’s Lessor's performance, ; and (iii3) not that no more than one (1) month’s rental 's rent has been paid in advance.

Appears in 1 contract

Samples: Lease (International Telecommunication Data Systems Inc)

Estoppel Certificate. Tenant shall, shall within ten (10) 10 business days following after written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing substantially in favor of Landlord and/or the form attached to this Lease as EXHIBIT G with the blanks filled in, and on any prospective purchaser other form reasonably requested by a proposed lender or encumbrancer of the Building purchaser, (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the such modification and certifying that this Lease, Lease as modified, so modified is in full force and effect) and the dates to which the rental, additional rent rental and other charges have been are paid in advance, if any, and (ii) acknowledging that, to Tenant’s knowledge, that there are no not any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all such further information that Landlord with respect to the status of this Lease or the Premises as may be reasonably requirerequested thereon. Tenant’s Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Building or Projectreal property of which the Premises are a part. In addition to Landlord’s other rights and remedies, Tenant’s 's failure to deliver any estoppel such statement within such time shall, at the provided time option of Landlord, constitute a Default under this Lease, and, in any event, shall be conclusive upon Tenant that (i) this the Lease is in full force and effect, effect and without modification except as may be represented by Landlord, (ii) there are no uncured defaults Landlord in Landlord’s performance, any certificate prepared by Landlord and (iii) not more than one month’s rental has been paid in advancedelivered to Tenant for execution.

Appears in 1 contract

Samples: Lease Agreement (Viacell Inc)

Estoppel Certificate. (a) Tenant shall, within at any time upon not less than ten (10) days following prior written notice from Landlord, execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as os modified, is in full force and effect) and the dates to which the rental, additional rent and other charges have been paid in advance, if any, and (ii) acknowledging that, to Tenant’s 's knowledge, there are no uncured defaults on the part of Landlord, or specifying each default if any are claimed, and end (iii) setting forth all further information that Landlord may reasonably require. Tenant’s 's statement may be relied upon by any prospective purchaser or encumbrancer encumbrances of all or any portion of the Office Building or Project. In addition to Landlord’s other rights and remedies, 34 (b) Tenant’s 's failure to deliver any estoppel statement within the provided time shall constitute a default under this Lease and shall be conclusive upon Tenant that (i1) this Lease is in full force and effect, end effect without modification except as may be represented by Landlord, (ii11) there are no uncured defaults in Landlord’s 's performance, and (iii) not more than then one month’s 's rental has been paid in advance.

Appears in 1 contract

Samples: Vision Solutions Inc

Estoppel Certificate. (a) Tenant shall, within shall at any time upon ten (10) days following prior written notice from Landlord, Landlord execute, acknowledge and deliver to Landlord, in any form that Landlord may reasonably require, a statement in writing in favor of Landlord and/or any prospective purchaser or encumbrancer of the Building (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying that this Lease, as modified, is in full force and effect) and the dates date to which the rental, additional rent and other charges have been are paid in advance, if any, and (ii) acknowledging thatthat there are not, to Tenant’s 's knowledge, there are no any uncured defaults on the part of LandlordLandlord hereunder, or specifying each default such defaults if any are claimed, and (iii) setting forth all further information that Landlord may reasonably require. Tenant’s Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of all or any portion encumbrances of the Building or Projectproperty. In addition to At Landlord’s other rights and remedies's option, Tenant’s Xxxxxx's failure to deliver any estoppel such statement within the provided such time shall be a material breach of this Lease or shall be conclusive upon Tenant that (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord’s 's performance, and (iii) that not more than one month’s rental 's rent has been paid in advance; or such failure may be considered by Landlord as a default by Tenant under this Lease.

Appears in 1 contract

Samples: Commercial Net Lease Agreement

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