Estoppel Statement. (a) After request by Lender, Borrower shall within five (5) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. (b) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant under any Lease which requires tenant to provide such certificate to Borrower; provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more than one (1) time hereunder.
Appears in 3 contracts
Samples: Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Associates Realty Corp)
Estoppel Statement. (a) After request by Lender, Borrower shall within five (5) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use reasonable efforts to deliver to Lender, upon within thirty (30) days after request, an estoppel certificate from each tenant Tenant under any Major Lease which requires tenant (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide such an estoppel certificate to Borrowerunder its Lease); provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 2 contracts
Samples: Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Interstate Hotels & Resorts Inc)
Estoppel Statement. (a) After written request by Lender, Borrower shall within five fifteen (515) Business Days furnish Lender with a statement, duly acknowledged and certified, stating setting forth (iA) the unpaid principal amount of the Note, (iiB) the Applicable Interest Rate of the NoteRate, (iiiC) the date installments of interest and/or principal were last paid, (ivD) any offsets or defenses to the payment of the Debt, if any, and (vE) that the Note, 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. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (ivF) that this Agreement and such other matters as Lender may reasonably request. Any prospective purchaser of any interest in the other Loan Documents have not been modified or if modified, giving particulars of shall be permitted to rely on such modificationcertificate.
(b) Borrower shall request and use all reasonable efforts to deliver to obtain for Lender, upon request, an Tenant estoppel certificate certificates from each tenant under any Lease which requires tenant Tenant on forms reasonably satisfactory to provide such certificate to BorrowerLender; provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one once in any calendar year (1) time hereunderincluding estoppel certificates obtained in connection with the origination of the Loan); provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if an Event of Default hereunder or under any of the Loan Documents has occurred and is continuing.
Appears in 2 contracts
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days days furnish Lender with a statement, duly acknowledged and certified, stating setting forth (i) the unpaid original principal amount of the NoteLoan, (ii) the Applicable Outstanding Principal Balance, (iii) the Interest Rate of the NoteLoan, (iiiiv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment performance of the DebtObligations, if any, and (vvi) that the Note, this Agreement Agreement, the Security Instruments and the other Loan Documents have not been modified or if modifiedare valid, giving particulars legal and binding obligations of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Upon request of Lender, Borrower shall use commercially reasonable efforts to deliver to Lender, upon request, an tenant estoppel certificate certificates from each tenant under any Lease which requires tenant commercial Tenant leasing space at the Property, in form and substance reasonably satisfactory to provide such certificate to Borrower; Lender, provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver request such certificates more frequently than one (1) time hereunderin any calendar year so long as no Event of Default has occurred and is continuing. The foregoing limitation shall exclude any tenant estoppel certificates that Borrower delivers to Lender in connection with any other provision of this Agreement.
(c) Upon request of Lender, Borrower shall use commercially reasonable efforts to deliver to Lender, estoppel certificates from each party under the REA in form and substance satisfactory to Lender; provided that such certificates may be in the form required under the REA.
Appears in 2 contracts
Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)
Estoppel Statement. (a) After request by LenderAgent, Borrower shall within five (5) Business Days furnish Lender Agent with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Building Loan Note, the Supplemental Loan Note and the Project Loan Note, respectively, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paidpaid on the Note, (iv) any offsets or defenses to the payment of the Total Debt, if any, and (v) that this Agreement, the Building Loan Agreement and the other Project Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) After request by Borrower, Agent shall within ten (10) Business Days furnish Borrower with a written statement that (i) the unpaid principal amount of the Building Loan Note, the Supplemental Loan Note and the Project Loan Note, respectively, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid on the Note, and (iv) that this Agreement, the Building Loan Agreement and the Project Loan Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification, provided that Borrower shall not have the right to request such certificate from Agent more frequently than two (2) times in any calendar year..
(c) After request by Agent, Borrower shall use commercially reasonable efforts to obtain and deliver to Lender, upon request, Agent an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to use such efforts to obtain and deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Estoppel Statement. (ai) After written request by Lender, Borrower shall within five fifteen (515) Business Days days furnish Lender with a statement, duly acknowledged and certified, stating setting forth (iA) the unpaid principal amount of the Note, (iiB) the Applicable applicable Interest Rate of the NoteRate, (iiiC) the date installments of interest and/or principal were last paid, (ivD) any offsets or defenses to the payment of the Debt, if any, and (vE) 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, and (F) such other matters as Lender may reasonably request. After request by Borrower, Lender Any prospective purchaser of any interest in the Loan shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; be permitted to rely on such certificate.
(ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall request and use all reasonable efforts to deliver to obtain for Lender, upon request, an Tenant estoppel certificate certificates from each tenant Tenant and the ground lessors under any Lease which requires tenant the Ground Leases on forms reasonably satisfactory to provide such certificate to Borrower; Lender, provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one once in any calendar year (1) time hereunderincluding estoppel certificates obtained in connection with the origination of the Loan); provided, however, that there shall be no limit on the number of times Borrower may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days furnish Lender with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the most recent Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment of the Debt, and (v) that this Agreement and the other Loan Documents have not been modified or if anymodified, giving particulars of such modification; provided that, Borrower shall not be required to request or deliver such certificates more frequently than one (1) time in any twelve (12) month period (other than in connection with an Event of Default that is continuing or a Secondary Market Transaction).
(a) After request by Borrower, provided no Event of Default exists, 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 current Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant under any Lease which requires tenant to provide such certificate to Borrower; provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more than one (1) time hereunder.
Appears in 1 contract
Samples: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)
Estoppel Statement. (a) After written request by Lender, Borrower Borrowers shall within five ten (510) Business Days furnish Lender with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount Outstanding Principal Balance of the Note, (ii) the Applicable Interest Rate of the NoteRate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the DebtObligations, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, Lender shall within five ten (510) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; Outstanding Principal Balance, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; paid and (iv) that this Agreement and whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modification.
(b) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant under any Lease which requires tenant to provide such certificate to Borrower; provided that such certificate shall be in the form required under such Lease; provided further that Borrower Lender shall not be required to deliver such certificates more than one two (12) time hereundertimes during the Term and not more frequently than once per calendar year.
(c) Borrowers shall deliver to Lender, upon written request, an estoppel certificate from each Tenant under any Lease (provided that 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 required under such Lease; and provided, further, that Borrowers 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 and/or Operating Lessee, as applicable, shall within five (5) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, provided no Event of Default exists, Lender shall within five ten (510) 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; (iii) the Applicable Interest Rate of the Note; paid and (iv) that this Agreement and whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modificationLender.
(bc) Borrower and/or Operating Lessee, as applicable, shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant party under each Material Agreement and the REA’s and each Tenant under any Lease which requires tenant (provided that Borrower and/or Operating Lessee, as applicable, shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide such an estoppel certificate to Borrowerunder its Lease); provided that such certificate shall may be in the form required under such Material Agreement or REA’s or Lease; provided further provided, further, that Borrower and/or Operating Lessee, as applicable, shall not be required to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year (other than in connection with an Event of Default or a Securitization).
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, Lender shall within five ten (510) 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; (iii) the Applicable Interest Rate of the Note; paid and (iv) that this Agreement and whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modificationLender.
(bc) Borrower shall use commercially reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; provided that such certificate shall may be in the form required under such any Tenant’s Lease; provided further provided, further, that Borrower shall not be required to deliver such certificates more frequently than one (1) time hereunderin any calendar year.
Appears in 1 contract
Estoppel Statement. (ai) After written request by Lender, Borrower Borrowers shall within five fifteen (515) Business Days furnish Lender with a statement, duly acknowledged and certified, stating setting forth (iA) the unpaid principal amount of the NoteNotes, (iiB) the Applicable Interest Rate of the NoteRates, (iiiC) the date installments of interest and/or principal were last paid, (ivD) any offsets or defenses to the payment of the Debt, if any, and (vE) that the Notes, this Agreement Agreement, each 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, and (F) such other matters as Lender may reasonably request. After request by Borrower, Lender Any prospective purchaser of any interest in the Loan shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; be permitted to rely on such certificate.
(ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; Borrowers shall request and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use all reasonable efforts to deliver to obtain for Lender, upon request, an Tenant estoppel certificate certificates from each tenant under any Lease which requires tenant to provide such certificate to BorrowerTenant; provided that such certificate shall be in the form required under such Lease; provided further that Borrower Borrowers shall not be required to deliver such certificates more frequently than one once in any calendar year (1) time hereunderincluding estoppel certificates obtained in connection with the origination of the Loan); provided, however, that there shall be no limit on the number of times Borrowers may be required to obtain such certificates if a Default hereunder or under any of the Loan Documents has occurred and is continuing.
Appears in 1 contract
Estoppel Statement. (a) After request by LenderAgent, Borrower shall within five (5) Business Days furnish Lender Agent with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Building Loan Note, the Supplemental Loan Note and the Project Loan Note, respectively, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paidpaid on the Note, (iv) any offsets or defenses to the payment of the Total Debt, if any, and (v) that this Agreement, the Building Loan Agreement and the other Project Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) After request by Borrower, Agent shall within ten (10) Business Days furnish Borrower with a written statement that (i) the unpaid principal amount of the Building Loan Note, the Supplemental Loan Note and the Project Loan Note, respectively, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid on the Note, and (iv) that this Agreement, the Building Loan Agreement and the Project Loan Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification, provided that Borrower shall not have the right to request such certificate from Agent more frequently than two (2) times in any calendar year..
(c) After request by Agent, Borrower shall use commercially reasonable efforts to obtain and deliver to Lender, upon request, Agent an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; -37- <PAGE> provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to use such efforts to obtain and deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Samples: Project Loan Agreement
Estoppel Statement. (ai) After written request by LenderNote Trustee, Borrower Issuers shall within five fifteen (515) Business Days furnish Lender Note Trustee with a statement, duly acknowledged and certified, stating setting forth (iA) the unpaid principal amount of the NoteNotes, (iiB) the Applicable Interest Rate of the NoteRates, (iiiC) the date installments of interest and/or principal were last paid, (ivD) any offsets or defenses to the payment of the Debt, if any, and (vE) that the Notes, this Agreement Indenture, each Mortgage and the other Loan Transaction Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, and (F) such other matters as Note Trustee may reasonably request. After request by Borrower, Lender Any prospective purchaser of any interest in the Notes shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; be permitted to rely on such certificate.
(ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; Issuers shall request and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use all reasonable efforts to deliver to Lenderobtain for Note Trustee, upon request, (i) Tenant estoppel certificates from each Tenant and (ii) and an estoppel certificate from Ground Lessor, in each tenant under any Lease which requires tenant case on forms reasonably satisfactory to provide such certificate to BorrowerNote Trustee; provided that such certificate Issuers shall be in the form required under such Lease; provided further that Borrower shall -------- not be required to deliver such certificates more frequently than one once in any calendar year (1) time hereunderincluding estoppel certificates obtained in connection with the origination of the Notes); provided, however, that there shall be no limit on the number of times Issuers may be required to ------- obtain such certificates if a Default hereunder or under any of the Transaction Documents has occurred and is continuing.
Appears in 1 contract
Estoppel Statement. (ai) After request by Lender, Borrower shall within five ten (510) Business Days days furnish Lender with a statement, duly acknowledged and certified, stating setting forth (iA) the unpaid principal amount of the Note, (iiB) the Applicable Interest Rate of the Note, (iiiC) the date installments of interest and/or principal were last paid, (ivD) any offsets or defenses to the payment of the Debt, if any, and (vE) that the Note, this Agreement Agreement, the Mortgages and the other Loan Documents have not been modified or if modifiedare valid, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged legal and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; binding obligations and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(bii) After request by Lender (but no more frequently than twice in any year), Borrower shall within ten (10) days furnish Lender with a certificate reaffirming all representations and warranties of Borrower set forth herein and in the other Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes.
(iii) Borrower shall use reasonable efforts to deliver to Lender, Lender upon request, an tenant estoppel certificate certificates from Lessee and each tenant under any Lease which requires tenant of Borrower or Lessee at the Properties in form and substance reasonably satisfactory to provide such certificate to Borrower; Lender provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days furnish Lender 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, (iv) any known offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, but not more than two (2) times in any calendar year, Lender shall within five ten (510) 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; (iii) the Applicable Interest Rate of the Note; paid and (iv) that this Agreement and whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modificationLender.
(bc) Borrower shall use commercially reasonable efforts to obtain and deliver to Lender, upon request, an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; provided that such certificate shall may be in the form required under such LeaseLease or in the form delivered to Lender in connection with the closing of the Loan; provided further that Borrower shall not be required to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Estoppel Statement. (a) After request by Lender, Borrower shall within five (5) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, Lender shall within five ten (510) 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; (iii) the Applicable Interest Rate of the Note; paid and (iv) that this Agreement and whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modificationLender.
(bc) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant Tenant under any Lease which requires tenant (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide such an estoppel certificate to Borrowerunder its Lease); provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days days furnish Lender with a statement, duly acknowledged and certified, stating setting forth (i) the amount of the original principal amount of the Loan, (ii) the unpaid principal amount of the Note, (ii) the Applicable Interest Rate of the NoteLoan, (iii) the applicable 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 of the Debt, if any, and (vvi) that the Note, this Agreement Agreement, the Pledge Agreement, the Mortgages and the other Loan Documents have not been modified or if modifiedare valid, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged legal and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; binding obligations and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use commercially reasonable efforts to deliver to Lender, Lender upon request, an tenant estoppel certificate certificates from each commercial tenant under any Lease which requires tenant leasing space at the Properties in form and substance reasonably satisfactory to provide such certificate to Borrower; Lender provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates with respect to all such tenants more frequently than one two (12) time hereundertimes in any calendar year.
(c) Within thirty (30) days of request by Borrower, Lender shall deliver to Borrower a statement setting forth the items described at (a)(i), (ii), (iii) and (iv) of this Section 5.1.15.
Appears in 1 contract
Samples: Senior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Estoppel Statement. (a) After request by Lender, Borrower shall within five (5) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, Lender shall within five (5) 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, and (iii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(bc) Borrower shall use reasonable efforts to deliver to Lender, upon requestrequest made no more frequently than twice in any twelve (12) month period, an estoppel certificate from each tenant under any Major Lease which requires tenant to provide such certificate to Borrowerand each Manager under a Management Agreement; provided that such certificate shall as to Major Leases, (i) is available to Borrower pursuant to the terms of such Lease, and (ii) may be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more than one (1) time hereunder.
Appears in 1 contract
Samples: Loan Agreement (Hilton Hotels Corp)
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days furnish Lender 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, (iv) any known offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, but not more than two (2) times in any calendar year, Lender shall within five ten (510) 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; (iii) the Applicable Interest Rate of the Note; paid and (iv) that this Agreement and whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modificationLender.
(bc) Borrower shall use commercially reasonable efforts to obtain and deliver to Lender, upon request, an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; provided that such certificate shall may be in the form required under such LeaseLease or in the form delivered to Lender in connection with the closing of the Loan; provided further provided, further, that Borrower shall not be required to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After written request by LenderLender made no more than once each calendar year, Borrower shall within five ten (510) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, of which Borrower has knowledge, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(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, (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender, and (v) whether Lender has actual knowledge of any Default under the Loan Documents.
(c) Borrower shall use reasonable efforts to deliver to Lender, upon written request, an estoppel certificate from each tenant Tenant under any Lease which requires tenant (provided that Borrower shall only be required to provide such use commercially reasonable efforts to obtain an estoppel certificate to Borrowerfrom any Tenant); provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more frequently than one once in any calendar year (1) time hereunderprovided no Event of Default is continuing).
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within five ten (510) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, Lender shall within five ten (510) 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; , (iiiiv) whether or not Lender has sent any notice of default under the Applicable Interest Rate Loan Documents which remains uncured in the opinion of the Note; Lender and (ivv) that this Agreement and the other Loan Documents have not been modified or or, if modified, giving particulars of such modification.
(bc) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant the Tenant under any the Operating Lease which requires tenant in form and substance reasonably acceptable to provide such certificate to Borrower; provided that such certificate shall be in the form required under such Lease; provided further that Borrower shall not be required to deliver such certificates more than one (1) time hereunderLender.
Appears in 1 contract
Samples: Loan Agreement (Kindercare Learning Centers Inc /De)
Estoppel Statement. (a) After request by Lender, Borrower Borrowers shall within five ten (510) Business Days days furnish Lender with a statementstatement addressed to Lender, its successors and assigns, duly acknowledged and certified, stating setting forth (i) the unpaid principal amount of the NotePrincipal, (ii) the Applicable Interest Rate of the NoteRate, (iii) the date installments of interest and/or principal Principal were last paid, (iv) any offsets or defenses to the payment of the Debt, if anyDebt known to Borrower, and (v) that this Agreement and the other Loan Documents are in full force and effect and have not been modified or if modified, giving particulars of such modification. Borrower shall not be required to deliver more than one (1) such estoppels per year, unless (i) an Event of Default is then continuing or (ii) if required in connection with a Securitization.
(b) After request by Borrower, Lender shall within five ten (510) Business Days days furnish Borrower with a statementstatement addressed to Borrower, its successors and assigns, duly acknowledged and certified, stating setting forth (i) the unpaid principal amount of the Note; principal, (ii) the Interest Rate, (iii) the date installments of interest and/or principal Principal were last paid; (iii) the Applicable Interest Rate of the Note; and , (iv) that this Agreement it knows of no defaults under the Loan and (v) that the other Loan Documents are in full force and effect and have not been modified or if modified, giving particulars of such modification.
(b) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant under any Lease which requires tenant to provide such certificate to Borrower; provided that such certificate shall be in the form required under such Lease; provided further that Borrower . Lender shall not be required to deliver such certificates more than one two (12) time hereundersuch estoppels per year.
Appears in 1 contract
Estoppel Statement. (a) After request by Lender, Borrower shall within five (5) Business Days furnish Lender 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, (iv) any offsets or defenses to the payment of the Debt, if any, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. .
(b) After request by Borrower, Lender shall within five ten (510) 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; (iii) the Applicable Interest Rate of the Note; and , (iv) that this Agreement the then current amount of the Reserve Funds, and (v) whether or not Lender has sent any notice of default under the other Loan Documents have not been modified or if modified, giving particulars which remains uncured in the opinion of such modificationLender.
(bc) Borrower shall use reasonable efforts to deliver to Lender, upon request, an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to use reasonable efforts to deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract
Estoppel Statement. (a) After request by LenderAgent, Borrower shall within five (5) Business Days furnish Lender Agent with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Building Loan Note, the Supplemental Loan Note and the Project Loan Note, respectively, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paidpaid on the Note, (iv) any offsets or defenses to the payment of the Total Debt, if any, and (v) that this Agreement, the Building Loan Agreement and the other Project Loan Documents have not been modified or if modified, giving particulars of such modification. After request by Borrower, Lender shall within five (5) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note; (ii) the date installments of interest and/or principal were last paid; (iii) the Applicable Interest Rate of the Note; and (iv) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification.
(b) After request by Borrower, Agent shall within ten (10) Business Days furnish Borrower with a written statement that (i) the unpaid principal amount of the Building Loan Note, the Supplemental Loan Note and the Project Loan Note, respectively, (ii) the Applicable Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid on the Note, and (iv) that this Agreement, the Building Loan Agreement and the Project Loan Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification, provided that Borrower shall not have the right to request such certificate from Agent more frequently than two (2) times in any calendar year.
(c) After request by Agent, Borrower shall use commercially reasonable efforts to obtain and deliver to Lender, upon request, Agent an estoppel certificate from each tenant Tenant under any Lease which requires tenant to provide such certificate to BorrowerLease; provided that such certificate shall may be in the form required under such Lease; provided further that Borrower shall not be required to use such efforts to obtain and deliver such certificates more frequently than one two (12) time hereundertimes in any calendar year.
Appears in 1 contract