Estoppel Certificates, etc. Each Party agrees to execute and deliver to the other Party (and its lender, if applicable), within [***] following request, an estoppel certificate and such other instruments and documents as the requesting Party may reasonably request evidencing the status of this Lease. Such estoppel certificate shall include, among other things, (i) a certification 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 certifying the date to which the Rent and any other charges are paid in advance, if any, and (ii) acknowledging that there are not, to the responding Party's knowledge, any uncured defaults on the part of either Party hereunder, or specifying such defaults if they are claimed. Such estoppel certificate shall permit reliance thereon by any auditor, creditor, commercial banker, and investment banker of the responding Party and, in the case of an estoppel certificate delivered by Lessee, by any prospective purchaser or encumbrancer of all or any part of the Borax Site or of all or any part of Lessor's interests under this Lease.
Estoppel Certificates, etc. Seller shall have obtained and delivered to Buyer executed estoppel certificates satisfactory in form and substance to Buyer, and such other information with respect to the Leases as Buyer may reasonably request.
Estoppel Certificates, etc. Xxxxxxx and Company shall have obtained and delivered to Purchasers executed estoppel certificates satisfactory in form and substance to Purchaser, and such other information with respect to the Leases as Purchasers may reasonably request.
Estoppel Certificates, etc. Owner shall execute such estoppel certificates (certifying as to such matters as Grantee may reasonably request, including without limitation that no default by Grantee then exists under this Agreement, if such be the case) and/or consents to assignment (whether or not such consent is actually required) and/or non-disturbance agreements as Grantee, any transferee of Grantee or Mortgagee may reasonably request from time to time. The failure of Owner to deliver any estoppel certificate within fifteen (15) days after Xxxxxxx’s written request therefor shall be conclusive evidence that (i) this Agreement is in full force and effect and has not been modified; (ii) any amounts payable by Grantee to Owner have been paid through the date of such written request; (iii) there are no uncured defaults by Grantee; and (iv) the other certifications requested by Grantee in its estoppel, are in fact, true and correct. Owner has an affirmative obligation to disclose to Grantee and any all unrecorded interests in and to the Property, including oral leases or agreements, throughout the Term of this Agreement.
Estoppel Certificates, etc. Owner shall execute such (a) estoppel certificates (certifying as to such factual matters as Grantee may reasonably request, including, without limitation, that no default then exists under this Agreement, if such be the case), (b) consents to assignment, (c) non-disturbance agreements (respecting other property as to which Owner or its affiliates may have lease, use or other rights), and (d) documents reasonably required by a title insurance company, in each case as Grantee or any Assignee may reasonably request from time to time. Owner shall cooperate in amending this Agreement from time to time to include any provision that may be reasonably requested by Grantee or any Assignee for the purpose of implementing the terms and conditions contained in this Agreement or of preserving an Assignee’s security interest, at no out-of-pocket cost to Owner. Notwithstanding any provision of this Agreement, the parties agree that this Agreement shall not be modified or amended prior to expiration of the Term without each Assignee’s prior written consent. The previous sentence is for the express benefit of, and shall be enforceable by, each Assignee.
Estoppel Certificates, etc. Owner shall execute such estoppel certificates (certifying as to such matters as Grantee may reasonably request, including without limitation that no default then exists under this Agreement, if such be the case) and/or consents to assignment (whether or not such consent is actually required) and/or non-disturbance agreements as Grantee, any Assignee or Easement Mortgagee may reasonably request from time to time.
Estoppel Certificates, etc. Owner shall within ten (10) business days after written request therefor, execute and deliver such estoppel certificates (certifying as to such matters as Lessee may reasonably request, including without limitation that (a) consents to Xxxxxx’s financing;
Estoppel Certificates, etc. Each party (both Lessor and Lessee) agrees within twenty (20) days following request by the other to execute and deliver to the requesting party an estoppel certificate (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, and certifying the date to which the Base Rent and Additional Rent and any other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of either party hereunder, or specifying such defaults if they are claimed) evidencing the status of this Lease. The statement shall also state the dates to which the Base Rent and Additional Rent has been paid in advance. The statement shall be such that it can be relied on by any other auditor, creditor, commercial banker, and investment banker of either party and by any prospective purchaser or encumbrancer of the Premises or Improvements or both or of all or any part or parts of Lessee’s or Lessor’s interests under this Lease.
Estoppel Certificates, etc. Owner shall execute such estoppel certificates (certifying as to such matters as Grantee may reasonably request, including without limitation that no default by Grantee then exists under this Agreement, if such be the case) and/or consents to assignment (whether or not such consent is actually required) and/or non-disturbance agreements as Grantee, any transferee of Grantee or Mortgagee may reasonably request from time to time. Owner shall not be required to attest to any fact or representation which it believes to be inaccurate or untrue. Owner shall respond to any request for an estoppel or certificate promptly, and in any event within fifteen (15) days after receipt, and, if there is no unresolved good faith dispute by Owner about the accuracy or reasonableness of the proposed estoppel or certificate, Owner shall execute and deliver the estoppel or certificate (as it may be amended) within thirty (30) days after receipt by Owner. If Owner fails to execute and deliver the estoppel or certificate within thirty (30) days, and there is no good faith dispute about its accuracy or reasonableness, Grantee may withhold payment of rent or other amounts due to Owner until Owner executes and delivers the estoppel or certificate.
Estoppel Certificates, etc. Owner shall execute such estoppel certificates (certifying as to such matters as Grantee may reasonably request, including without limitation that no default then exists under this Agreement, if such be the case) and/or consents to assignment and/or non-disturbance agreements (respecting other property as to which Owner or its affiliates may have lease, use or other rights) as Grantee or any Assignee may reasonably request from time to time. Owner shall cooperate in amending this Agreement from time to time to include any provision that may be reasonably requested by Grantee or any Assignee for the purpose of implementing the terms and conditions contained in this Agreement or of preserving an Assignee’s security interest, at no out-of-pocket cost to Owner. Notwithstanding any provision of this Agreement, the parties agree that this Agreement shall not be modified or amended prior to expiration of the Term without each Assignee’s prior written consent. The previous sentence is for the express benefit of, and shall be enforceable by, each Assignee. (Comment: Owner will have little, if any, input should Grantee assign the Easement and may have several Grantees who have rights in Owner’s Property at various time during the term of the Easement.)
