Common use of Estoppel Statement Clause in Contracts

Estoppel Statement. (a) After request by Agent, Borrower shall within ten (10) Business Days furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; 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 per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any non-residential Lease (provided that Mortgage Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Mortgage Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts cause Mortgage Borrower to obtain and deliver to Agent, Lender upon request, tenant estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory delivered to Agent; provided, that Borrower shall not be required Mortgage Lender with respect to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs)Mortgage Loan.

Estoppel Statement. (a) After request by Agent, Borrower shall within ten (10) Business Days furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver (or cause Owner to Agentdeliver) to Lender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease (provided that Borrower shall only be required in form and substance reasonably satisfactory to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to AgentLender; provided, that Borrower shall not be required to obtain and deliver (or cause Owner to deliver) such certificates more frequently than three the lesser of (3x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Owner may be required to obtain such certificates if an Event of Default has occurred and is continuing (subject to the applicable terms of each Lease). (c) Borrower shall use commercially reasonable efforts to obtain and deliver (or cause Owner to Agentdeliver) to Lender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to deliver (or cause Owner to deliver) such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall use commercially reasonable efforts to deliver (or cause Owner to deliver) to Lender, within thirty (30) days of Lender’s upon request, estoppel certificates from the Ground Lessor, in form and substance reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver (or cause Owner to deliver) such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (e) Borrower shall use commercially reasonable efforts to deliver to Lender (or cause Owner to deliver), within thirty (30) days of Lender’s request, estoppel certificates from each Franchisor, in form and substance reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver (or cause Owner to deliver) such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; 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 per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall deliver to Lender, upon request, estoppel certificates from the ground lessor, in form and substance reasonably satisfactory to 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 per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower Borrowers shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower Borrowers shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower Borrowers shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower Borrowers shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower Borrowers shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower Borrowers shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrowers shall deliver to Lender, upon request, estoppel certificates from the Condo Association, in form and substance reasonably satisfactory to Lender; provided, that Borrowers shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Applicable Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that the Note, this Agreement Agreement, the Security Instrument and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s Lender upon request, an tenant estoppel certificate certificates from each commercial Tenant under any Lease (leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and use such efforts to deliver such certificates more frequently than three one (31) times time in any calendar year, unless an Event of Default then exists and an estoppel signed by the Major Tenant in the form of the estoppel attached as an exhibit or otherwise described in the Major Tenant Lease shall satisfy this requirement. (c) Borrower Within thirty (30) days of a written request by Borrower, Lender shall use commercially reasonable efforts to obtain and deliver to AgentBorrower a statement setting forth the items described at (a)(i), upon request(ii), estoppel certificates from each party under any Operations Agreement(iii), in form and substance reasonably satisfactory to Agent; provided(iv) of this Section 5.1.15, provided that Borrower Lender shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during in any calendar year year. (d) Borrower shall use commercially reasonable efforts to deliver to Lender, upon request, estoppel certificates from the association under the REA, and the City under the TIF Agreement and/or CRA Agreement in which a Securitization occurs)form and substance reasonably satisfactory to Lender; provided that such certificates may be in the form required under the REA, TIF Agreement and/or CRA Agreement, as applicable.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the NoteLoan, (ii) the Interest RateOutstanding Principal Balance, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (vvi) that the Note, this Agreement, the Pledge 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. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) To the extent Mortgage Lender requests Mortgage Borrowers deliver tenant estoppel certificates pursuant to the Mortgage Loan Agreement, Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from cause each Tenant under any Lease (provided that Mortgage Borrower shall only be required to use commercially reasonable efforts to obtain an deliver to Mortgage Lender and Lender, tenant estoppel certificate certificates from any Tenant not required each commercial tenant leasing space at the Property or Properties owned by such Mortgage Borrower in form and substance reasonably satisfactory to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; providedMortgage Lender, provided that Borrower shall not be required to obtain and cause such Mortgage Borrowers to deliver such certificates more frequently than three two (32) times in any calendar year. (c) To the extent Mortgage Lender requests Mortgage Borrowers deliver REA estoppel certificates pursuant to the Mortgage Loan Agreement, Borrower shall cause each Mortgage Borrower owning Property that is subject to an REA to use commercially reasonable efforts to obtain and deliver to Agent, upon request, Mortgage Lender and Lender estoppel certificates from each party under any Operations Agreement, the applicable REA; provided that such certificates may be in the form required under the applicable REA and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause such Mortgage Borrowers to deliver such estoppel certificates more than three (3) times during the Term and not more frequently than once per calendar year two (or twice during 2) times in any calendar year in which year. (d) After request by Lender, Borrower shall within ten (10) days furnish Lender with a Securitization occurs)statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Mortgage Loan, (ii) the Mortgage Loan Outstanding Principal Balance, (iii) the interest rate of the Mortgage Loan, (iv) the date installments of interest and/or principal were last paid on the Mortgage Loan, (v) any offsets or defenses to the payment of the Mortgage Loan, if any, and (vi) that the Mortgage Loan Documents are valid, legal and binding obligations of Mortgage Borrowers and have not been modified or if modified, giving particulars of such modification.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease (provided that Borrower shall only be required in form and substance reasonably satisfactory to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to AgentLender; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three the lesser of (3x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Borrower may be required to obtain such certificates if an Event of Default has occurred and is continuing (subject to the applicable terms of each Lease). (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; 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 per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from the Ground Lessor, in form and substance reasonably satisfactory to 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 per calendar year (or twice during any calendar year in which a Securitization occurs). (e) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from each Franchisor, in form and substance reasonably satisfactory to 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 per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After Lender and Borrower each shall, within thirty (30) days of written request by Agentfrom a third party, Borrower shall within ten (10) Business Days furnish Agent such third party with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance of the NoteBalance, (ii) the Applicable Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following AgentAt Lender’s request, an estoppel certificate from each Tenant under any Lease request (provided that Borrower shall only which may be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Leasemade no more than one (1) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times time in any calendar year), Borrower shall request tenant estoppel certificates from each commercial tenant leasing space at the Property in the form required by such tenant’s lease or, at Borrower’s election, in the form previously accepted by Lender. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to Agentrequest, upon requestfive (5) Business Days’ notice from Lender, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agentthe Mortgage Loan Documents; provided, that such certificates may be in the form required under the Mortgage Loan Documents. (d) Borrower shall use all commercially reasonable efforts to deliver to Lender, within ten (10) days after any request by Lender, estoppel certificates from the Existing Condominium Board and/or the association formed pursuant to any Amended Condominium Documents; provided that such certificates may be in the form required under Existing Condominium Documents or any Amended Condominium Documents, as the case may be, and provided, further, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower Borrowers and Operating Lessees shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) to Borrowers’ knowledge, any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower Borrowers or Operating Lessees shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower Borrowers and Operating Lessees shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower Borrowers and Operating Lessees shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower Borrowers or Operating Lessees shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower Borrowers shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrowers or Operating Lessees shall deliver to Lender, upon request, estoppel certificates from any Franchisor, in form and substance reasonably satisfactory to Lender; provided, that Borrowers and Operating Lessees shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by Administrative Agent, Borrower shall within ten (10) Business Days days furnish Administrative Agent with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the NoteLoan, (ii) the Interest Rateunpaid principal amount of the Loan, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations (subject to bankruptcy, insolvency or other similar laws and general principles of equity) and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an ; provided, however, that so long as no Event of Default or prior to the full Securitization of the Loanhas occurred and is continuing, Borrower shall not be required to provide such statement more than twice in any twelve two (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (32) times in any calendar year. (ca) Borrower shall cause Mortgage Borrower to request and use commercially reasonable efforts to obtain and deliver to AgentAdministrative Agent any estoppel certificates requested by Mortgage Lender pursuant to Section 5.1.15(b) of the Mortgage Loan Agreement (with Administrative Agent included as a reliance party therein) or, if no such estoppel certificates have been requested by Mortgage Lender pursuant to the Mortgage Loan Agreement in any calendar year, (i) deliver to Administrative Agent upon requestrequest estoppel certificates from CPLV Tenant, (ii) deliver to Administrative Agent upon request estoppel certificates from Manager and (iii) cause CPLV Tenant to deliver estoppel certificates from each party under any Operations Agreement, commercial Tenant leasing space at the Property in form and substance reasonably satisfactory to Administrative Agent, provided that in no event shall Borrower be required to cause the delivery of such estoppel certificates to Administrative Agent and/or Mortgage Lender more frequently than two (2) times in any calendar year. (b) After request by Administrative Agent, Borrower shall cause Mortgage Borrower to within ten (10) days furnish Administrative Agent with a statement, duly acknowledged and certified with respect to the Mortgage Loan, setting forth (i) the original principal amount of the Mortgage Note, (ii) the unpaid principal amount of the Mortgage Note, (iii) the interest rate of the Mortgage Note, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the payment of the Mortgage Loan debt, if any, claimed by Mortgage Borrower, and (vi) that the Mortgage Loan Agreement, the Mortgage and the other Mortgage Loan Documents are valid, legal and binding obligations (subject to bankruptcy, insolvency or other similar laws and general principles of equity) and have not been modified or if modified, giving particulars of such modification; provided, however, that so long as no Event of Default has occurred and is continuing, Borrower shall not be required to deliver seek such certificates statement more than three one (31) times during the Term and not more frequently than once per calendar year (or twice during time in any calendar year in which a Securitization occurs)year.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; 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 per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall deliver to Lender, upon request, estoppel certificates from the Ground Lessor, in form and substance reasonably satisfactory to 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 per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Applicable Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower and Operating Lessee shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more frequently than the lesser of (provided x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Borrower shall only and Operating Lessee may be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three if an Event of Default has occurred and is continuing (3) times in any calendar yearsubject to the applicable terms of each Lease). (c) Borrower and Operating Lessee shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that neither Borrower nor Operating Lessee shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower and Operating Lessee shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from the Ground Lessor, in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (e) Borrower and Operating Lessee shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from each Franchisor, in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant (or, as applicable, each landlord) under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations AgreementAgreement (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease), in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to deliver such certificates more frequently than three (3) times during in any calendar year. (d) Borrower shall deliver to Lender, upon request, estoppel certificates from the Term Board of Directors, in form and substance reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver such certificates more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (e) At any time in which a Franchise Agreement is in effect with respect to the Property, Borrower shall deliver to Lender, upon request, estoppel certificates from the Franchisor, in form and substance reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver such certificates more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note and (iii) the date installments of interest and/or principal were last paid. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) ); provided that such certificate may be in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agentrequired under the Lease (as applicable); provided, provided further that Borrower shall not be required to obtain and deliver such certificates more frequently than three two (32) times in any calendar yearyear (other than in connection with an Event of Default or a Securitization). (cd) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, an estoppel certificates from each party under any Operations Agreementcertificate or comfort letter, in form and substance reasonably satisfactory acceptable to AgentLender, from Franchisor; provided, provided that Borrower shall not be required to deliver such certificates more than three (3) times during the Term term of the Loan and not more frequently than once per calendar year (other than in connection with an Event of Default, a Securitization or the execution of a Replacement Franchise Agreement). (e) Borrower shall deliver to Lender, upon request, estoppel certificates from each party under the REA; provided that such certificates may be in the form required under the REA; provided further that Borrower shall not be required to deliver such certificates more than three (3) times during the term of the Loan and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Applicable Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel Tenant); provided that such certificate under its Lease) may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; provided, provided further that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times once in any calendar year. (cd) Borrower shall deliver to Lender, upon request, an estoppel certificate from ground lessor under the Ground Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain and deliver to Agent, upon request, an estoppel certificate from such ground lessor); provided that such certificates from each party may be in the form required under any Operations Agreement, in form and substance reasonably satisfactory to Agentthe Ground Lease; provided, provided further that Borrower shall not be required to deliver such certificates more than three (3) times during the Term term of the Loan and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by Agent, Borrower shall within ten (10) Business Days furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI VIII attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; 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 per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) ); provided that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; provided, provided further that Borrower shall not be required to obtain and deliver such certificates more frequently than three one time (31) times time in any calendar year.year unless such second request in any calendar year is in connection with a Secondary Market Transaction.. (cd) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agentthe REA; provided, that such certificates may be in the form required under the REA; and provided, further, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and Agreement, the other Loan Documents and the Guaranty Security Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) ); provided that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; provided, further, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times once in any calendar yearyear (or twice during any calendar year in which a Securitization occurs). (cd) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, the REA; provided that such certificates may be in the form and substance reasonably satisfactory to Agentrequired under the REA; provided, further, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term term of the Loan and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower and Operating Lessee shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more frequently than the lesser of (provided x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Borrower shall only and Operating Lessee may be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three if an Event of Default has occurred and is continuing (3) times in any calendar yearsubject to the applicable terms of each Lease). (c) Borrower and Operating Lessee shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that neither Borrower nor Operating Lessee shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower and Operating Lessee shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from the Ground Lessor, in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (e) Borrower and Operating Lessee shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from each Franchisor, in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten fifteen (1015) Business Days days furnish Agent Lender with a statement, duly acknowledged and certifiedcertified by Borrower, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, of which are within Borrower’s Knowledge as of the date of such statement Borrower has Actual Knowledge, and (vvi) that the Note, this Agreement Agreement, the Mortgage and the other Loan Documents are in full force and effect and remain binding obligations of Borrower and each other Loan Party thereto and have not been modified or if modified, giving particulars of such modification. Except during the continuance of , provided, that unless an Event of Default or prior to the full Securitization of the Loanshall be continuing, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to deliver such certificates more frequently than three two (32) times during in any calendar year. (b) After request by Borrower, Lender shall within fifteen (15) days furnish Borrower with a statement, duly acknowledged and certified by Lender, setting forth (i) the Term original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the Interest Rate of the Note, and (iv) the date installments of interest and/or principal were last paid, provided that Lender shall not be required to deliver such certificates more frequently than once per calendar year (or twice during in any calendar year year. (c) Operating Lessee shall use commercially reasonable efforts to deliver to Lender upon request, tenant estoppel certificates from each commercial tenant to which it leases space at the Property in which a Securitization occurs)form and substance reasonably satisfactory to Lender, subject to all estoppel terms (if any) contained in such Tenant’s Lease, provided that unless an Event of Default shall be continuing, Borrower shall not be required to deliver such certificates more frequently than two (2) times in any calendar year.

Estoppel Statement. (a) After written request by AgentLender, Borrower shall within ten (10) Business Days (but no more than once in any twelve (12) month period other than if an Event of Default exists or if needed in connection with a Securitization) furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Spread, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that the Note, this Agreement Agreement, the Mortgages and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After written request by Lender, Borrower shall request and use commercially reasonable efforts to obtain and deliver furnish to Agent, as promptly as possible following Agent’s request, an Lender a tenant estoppel certificate from each Master Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) substantially in the form of Schedule XI attached hereto delivered on or in such other form reasonably acceptable prior to Agent; provided, that Borrower shall not be required to obtain the Closing Date and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party other Tenant under any Operations Agreement, in form and substance reasonably satisfactory to Agenta Major Lease; provided, provided that (i) Borrower shall not be required to deliver such certificates more than three (3) times during certificate prior to the Term and not first anniversary of the Closing Date or more frequently than once per calendar year in any twelve (12) month period other than if an Event of Default exists, if specifically required pursuant to the other provisions of this Agreement or twice during any calendar year if needed in which connection with a Securitization occurs)and (ii) in no event shall Borrower's failure to obtain any such estoppel certificate pursuant to this Section 5.1.15(b) or otherwise constitute a Default or Event of Default under the Loan Documents if Borrower has used commercially reasonable efforts to obtain the same.

Estoppel Statement. (a) After request by Administrative Agent, Borrower shall within ten (10) Business Days days furnish Administrative Agent with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the NoteLoan, (ii) the Interest Rateunpaid principal amount of the Loan, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations (subject to bankruptcy, insolvency or other similar laws and general principles of equity) and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an ; provided, however, that so long as no Event of Default or prior to the full Securitization of the Loanhas occurred and is continuing, Borrower shall not be required to provide such statement more than twice two (2) times in any twelve (12)-month periodcalendar year. (b) Borrower shall cause Mortgage Borrower to request and use commercially reasonable efforts to obtain and deliver to Administrative Agent any estoppel certificates requested by Mortgage Lender pursuant to Section 5.1.15(b) of the Mortgage Loan Agreement (with Administrative Agent included as a reliance party therein) or, if no such estoppel certificates have been requested by Mortgage Lender pursuant to the Mortgage Loan Agreement in any calendar year, (i) deliver to Administrative Agent upon request estoppel certificates from CPLV Tenant, (ii) deliver to Administrative Agent upon request estoppel certificates from Manager and (iii) cause CPLV Tenant to deliver estoppel certificates from each commercial Tenant leasing space at the Property in form and substance reasonably satisfactory to Administrative Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that in no event shall Borrower shall only be required to use commercially reasonable efforts cause the delivery of such estoppel certificates to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates Administrative Agent and/or Mortgage Lender more frequently than three two (32) times in any calendar year. (c) After request by Administrative Agent, Borrower shall use commercially reasonable efforts cause Mortgage Borrower to obtain within ten (10) days furnish Administrative Agent with a statement, duly acknowledged and deliver certified with respect to Agentthe Mortgage Loan, upon requestsetting forth (i) the original principal amount of the Mortgage Note, estoppel certificates from each party under (ii) the unpaid principal amount of the Mortgage Note, (iii) the interest rate of the Mortgage Note, (iv) the date installments of interest and/or principal were last paid, (v) any Operations offsets or defenses to the payment of the Mortgage Loan debt, if any, claimed by Mortgage Borrower, and (vi) that the Mortgage Loan Agreement, in form the Mortgage and substance reasonably satisfactory the other Mortgage Loan Documents are valid, legal and binding obligations (subject to Agentbankruptcy, insolvency or other similar laws and general principles of equity) and have not been modified or if modified, giving particulars of such modification; provided, however, that so long as no Event of Default has occurred and is continuing, Borrower shall not be required to deliver seek such certificates statement more than three one (31) times during the Term and not more frequently than once per calendar year (or twice during time in any calendar year in which a Securitization occurs)year.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower and Operating Lessee shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease in form and substance reasonably satisfactory to Lender; provided, that neither Borrower nor Operating Lessee shall be required to deliver such certificates more frequently than the lesser of (provided x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Borrower shall only and Operating Lessee may be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three if an Event of Default has occurred and is continuing (3) times in any calendar yearsubject to the applicable terms of each Lease). (c) Borrower and Operating Lessee shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that neither Borrower nor Operating Lessee shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower Borrowers shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and Agreement, the other Loan Documents and the Guaranty Security Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrowers, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrowers shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower Borrowers shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) ); provided that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; provided, further, that Borrower Borrowers shall not be required to obtain and deliver such certificates more frequently than three (3) times once in any calendar yearyear (or twice during any calendar year in which a Securitization occurs). (cd) Borrower Borrowers shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, the REA; provided that such certificates may be in the form and substance reasonably satisfactory to Agentrequired under the REA; provided, further, that Borrower Borrowers shall not be required to deliver such certificates more than three (3) times during the Term term of the Loan and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by Agent, Borrower Borrowers shall within ten seven (107) Business Days furnish Agent or any Lender with a statement, duly acknowledged and certified, stating (i) the original principal balance of the Notes, (ii) the Outstanding Principal Balance of the NoteNotes, (iiiii) the Interest RateRate and any other amount payable to Agent and/or Lenders under the Loan Documents (including the Spread Maintenance Premium), (iiiiv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (vvi) that the Notes, this Agreement Agreement, the Mortgage and the other Loan Documents are valid, legal and binding obligations and have not been modified (or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan), Borrower shall not be required to provide and (vii) such statement more than twice in any twelve (12)-month periodother items that Agent may reasonably request. (b) Borrower Borrowers shall use commercially reasonable efforts to obtain and deliver to AgentAgent or any Lender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower Borrowers shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto and substance reasonably satisfactory to Agent or in such other form reasonably acceptable to AgentLender; provided, that Borrower Borrowers shall not be required to obtain and deliver such certificates more frequently than three two (32) times in any calendar year. (c) Borrower Borrowers shall use commercially reasonable efforts to obtain and deliver to AgentAgent or any Lender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentAgent or such Lender; provided, that Borrower Borrowers shall not be required to deliver such certificates more than three two (32) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization Secondary Market Transaction occurs). (d) Borrowers shall deliver to Agent or any Lender, upon request, estoppel certificates from Ground Lessor, in form and substance reasonably satisfactory to Agent or such Lender.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall use commercially reasonably efforts (or cause Operating Lessee to use commercially reasonable efforts efforts) to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) If a Franchise Agreement is then in effect, Borrower shall (or shall cause Operating Lessee to) use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreementthe franchisor thereunder, in form and substance reasonably satisfactory to AgentLender; 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 per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall and shall cause Operating Lessee to deliver to Lender, upon request, estoppel certificates with respect to the Operating Lease, in form and substance reasonably satisfactory to Lender; provided, that Borrower and Operating Lessee shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. EAST\53909776.4 (c) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) ); provided, that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; and provided, further, that Borrower shall not be required to obtain and deliver such certificates more frequently than three two (32) times in any calendar yearconsecutive 12 months. (cd) Borrower shall use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agentthe REA; provided, that such certificates may be in the form required under the REA; and, provided, further, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs)year.