ESTOPPEL CERTIFICATES AND ATTORNMENT Sample Clauses

ESTOPPEL CERTIFICATES AND ATTORNMENT. Tenant agrees to furnish promptly, from time to time, upon request of the Landlord or Landlord’s mortgagee a statement certifying that the Tenant is in possession of the premises; the premises are acceptable; the lease is in full force and effect; the lease in unmodified; Tenant claims no present charge, lien or claim of offset against rent; the rent is paid for the current month, but is not prepaid for more than one month and will not be prepaid for more than one month in advance; there is not existing default by reason of some act or omission by Landlord; and such other matters as may be reasonably required for foreclosure, or in the event of exercise of the power of sale under and mortgage or deed of trust made by the Landlord under this lease. No mortgagee shall be liable for any act or omission of Landlord, be bound by any payment of rent, additional rent or any other charge made more than thirty (30) days in advance of the due date thereof, or be bound by any assignment, surrender, termination, cancellation, amendment or modification of the lease without the express written consent of the mortgagee
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ESTOPPEL CERTIFICATES AND ATTORNMENT. Within ten (10) days after written request by LANDLORD, TENANT agrees to deliver in recordable form an estoppel certificate addressed to any such proposed mortgagee or purchaser or to LANDLORD certifying that this Lease is in full force and effect (if such be the case) and that there are no defenses or offsets thereto or stating those claimed by TENANT. If LANDLORD desires to finance or refinance the Building or any part thereof, TENANT hereby agrees to deliver to any lender designated by LANDLORD such financial statements of TENANT as may be reasonably required by such lender. All such financial statements shall be received by LANDLORD in confidence and shall be used only for the purposes set forth herein.
ESTOPPEL CERTIFICATES AND ATTORNMENT. Tenant agrees to furnish promptly, from time to time. upon request of Landlord or Landlord's mortgagee a statement certifying that the Tenant is in possession of the premises: the premises are acceptable: the lease is in full force and effect: the lease is unmodified: Tenant claims no present charge, lien, or claim of offset against rent: the rent is paid for the month, but is not prepaid for more than one month in advance: there is no existing default by reason of some act or omission by Landlord: and such other matters as may be reasonably required for foreclosure, or in the event of exercise of the power of sale under any mortgage or deed of trust made by the Landlord under this lease. No mortgagee shall be liable for any act or omission of Landlord, be bound by any payment of rent, additional rent or any other charge made more than thirty (30) days in advance of the due date thereof, or be bound by any assignment, surrender, termination, cancellation amendment or modification of the lease without the express written consent of the mortgagee.
ESTOPPEL CERTIFICATES AND ATTORNMENT. This Lease Agreement and the rights of the Tenant shall be and are subject to and subordinate at all times to the lien of any ]cases and mortgages which may now or hereafter affect the Property. The Tenant shall, within five (5) days of Landlord's request, execute any estoppel certificate and subordination documents which Landlord may deem necessary and/or any modification of this Lease Agreement that might be required by any entity that may become a mortgagee as to the Property. Tenant also agrees that if it shall fail at any time to execute, acknowledge or deliver any such instrument or document requested by Landlord, Landlord may, in addition to any other remedies available to it, execute, acknowledge and deliver such instrument as the attorney-in-fact of Tenant and in the Tenant's name; and Tenant hereby makes constitutes and irrevocably appoints Landlord as it's attorney-in-fact for that purpose. Tenant agrees that any such estoppel certificate or subordination documents may be relied upon by a prospective purchaser or mortgagee of the Property. In the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by Landlord, or Landlord's predecessor(s) in title, covering the Premises, or, in the event a deed is given in lieu of foreclosure of any such mortgage, or upon the assignment of this Lease Agreement by Landlord, Tenant shall attorn to the purchaser or grantee in lieu of foreclosure, upon any such foreclosure or sale, and recognize such purchaser or grantee in lieu of foreclosure as Lessor under this Lease Agreement. Such Landlord, mortgagee or purchaser at said foreclosure sale, shall not be (i) liable for any act or omission of any prior Landlord, (ii) subject to any offsets or defenses which Tenant may have against any prior Landlord, or (iii) bound by any prepaid Rent or Security Deposit, which Tenant may have paid to any prior Landlord for more than the current month.
ESTOPPEL CERTIFICATES AND ATTORNMENT 

Related to ESTOPPEL CERTIFICATES AND ATTORNMENT

  • Estoppel Certificate Within ten (10) days after request therefor by Landlord, or if on any sale, assignment or hypothecation by Landlord of Landlord’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: (a) 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; (b) certifying the dates to which the Rent and other charges are paid in advance, if any; (c) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the requesting party hereunder, or specifying such defaults if they are claimed; and (d) certifying to such other matters, relative to the Premises, this Lease and Tenant, as Landlord may request. Any such statement may be relied upon by any prospective purchaser or lender of all or any portion of the Premises or any leasehold interest therein. 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 the party upon whom the request is made that: (i) this Lease is in full force and effect, without modification except as may be represented by the requesting party; (ii) there are no uncured defaults on the requesting party’s performance; and (iii) 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 (12) 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 ($500.00).

  • Estoppel Certificates At any time and from time to time, upon not less than ten (10) Business Days’ prior notice from Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement certifying the commencement date of this Lease, stating that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and the date and nature of each such modification), that to the best of Tenant’s knowledge, Landlord is not in default under this Lease (or, if Landlord is in default, specifying the nature of such default), that Tenant is not in default under this Lease (or, if Tenant is in default, specifying the nature of such default), the current amounts of and the dates to which the Monthly Rent and Additional Rent has been paid, and setting forth such other matters as may be reasonably requested by Landlord. Any such statement may be conclusively relied upon by a prospective purchaser of the Real Property or by a lender obtaining a lien on the Real Property as security. If Tenant fails to deliver such statement within the time required hereunder, such failure 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 of its obligations hereunder, (iii) not more than one month’s installment of Monthly Rent has been paid in advance, and (iv) any other statements of fact included by Landlord in such statement are correct. Tenant acknowledges and agrees that its failure to execute such certificate may cause Landlord serious financial damage by causing the failure of a sale or financing transaction and giving Landlord all of its rights and remedies under Paragraph 25 above, including its right to damages caused by the loss of such sale or financing.

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