Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balance, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance of the Obligations, if any, and (vi) that the Note, this Agreement, the Security Instrument and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification. (b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once in any calendar year.
Appears in 8 contracts
Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the LoanNote, (ii) the Outstanding Principal Balanceunpaid principal amount of the Note, (iii) the Interest Rate of the LoanNote, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance payment of the ObligationsDebt, if any, claimed by Borrower, and (vi) that the Note, this Agreement, the Security Instrument Mortgage and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, Tenant leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once two (2) times in any calendar year.
Appears in 5 contracts
Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balanceunpaid principal amount of the Loan, (iii) the Applicable Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance payment of the ObligationsDebt, if any, and (vi) that the Note, this Agreement, the Security Instrument and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall upon Lender’s request, request and use commercially all reasonable efforts to deliver to Lender upon request, obtain tenant estoppel certificates from each commercial Tenant, if any, tenant leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver request such certificates more frequently than once two (2) times in any calendar year.
Appears in 3 contracts
Samples: Loan Agreement (Caesars Acquisition Co), Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Bh Re LLC)
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balanceunpaid principal amount of the Loan, (iii) the Applicable Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance payment of the ObligationsDebt, if any, and (vi) that the Note, this Agreement, the Security Instrument Mortgages and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(ba) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, tenant leasing space at the Properties in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once two (2) times in any calendar year.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statementstatement addressed to Lender, its successors and assigns, duly acknowledged and certified, setting forth (i) the original principal amount of the Loanunpaid Principal, (ii) the Outstanding Principal BalanceInterest Rate, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal Principal were last paid, (viv) any offsets or defenses to the performance payment of the Obligations, if anyDebt, and (viv) that the Note, this Agreement, the Security Instrument and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon Lender, within thirty (30) days of Lender’s written request, tenant estoppel certificates from each commercial Tenant, if anyparty under any Operations Agreement, in form and substance reasonably satisfactory to Lender provided Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once in per calendar year (or twice during any calendar yearyear in which a Securitization occurs).
Appears in 1 contract
Samples: Loan Agreement (OVERSTOCK.COM, Inc)
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balanceunpaid principal amount of the Loan, (iii) the Applicable Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance payment of the ObligationsDebt, if any, and (vi) that the Note, this Agreement, the Security Instrument Mortgage and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, tenant leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once two (2) times in any calendar year.
Appears in 1 contract
Samples: Loan Agreement (Fairchild Corp)
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the LoanNote, (ii) the Outstanding Principal Balanceunpaid principal amount of the Note, (iii) the Applicable Interest Rate of the LoanNote, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance payment of the ObligationsDebt, if any, and (vi) that the Note, this Agreement, the Security Instrument Mortgage and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, Tenant leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once two (2) times in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days Business Days furnish Lender with a statement, duly acknowledged and certified, setting forth stating (i) the original principal amount Outstanding Principal Balance of the LoanNote, (ii) the Outstanding Principal BalanceInterest Rate, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (viv) any then-asserted offsets or defenses to the payment and performance of the Obligations, if any, and (viv) that the Note, this Agreement, the Security Instrument Agreement and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall deliver with respect to the Ground Lease and shall use commercially reasonable efforts with respect to the Ground Lease and other Leases to deliver from Ground Tenant to Lender Lender, upon request, tenant estoppel certificates from each commercial Tenant, if any, in form and substance reasonably satisfactory to Lender provided Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once in any per calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balance, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance of the Obligations, if any, and (vi) that the Note, this Agreement, the Security Instrument Instruments and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Hospital Tenant, if any, in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the amount of the original principal amount of the LoanNote, (ii) the Outstanding Principal Balanceunpaid principal amount of the Note, (iii) the Applicable Interest Rate of the LoanNote, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance payment of the ObligationsDebt, if any, and (vi) that the Note, this Agreement, the Security Instrument Mortgages and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, tenant leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver such certificates more frequently than once two (2) times in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balance, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the performance of the Obligations, if any, and (vi) that the Note, this Agreement, the Security Instrument and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial Tenant, if any, Tenant leasing space at the Property in form and substance reasonably satisfactory to Lender Lender; provided that Borrower shall not be required to deliver such certificates more frequently than once two (2) times in any calendar year.
Appears in 1 contract
Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.)