Estoppel. Xxxxxx hereby certifies and represents to the Beneficiary that as of the date of this Deed of Trust: (A) each Mortgaged Lease is in full force and effect; (B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease; (C) Xxxxxx is not in default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed; (D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease; (E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance; (F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises; (G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and (H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust. (A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession. (B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Deed of Trust (Jalou Cashs LLC)
Estoppel. Xxxxxx Tenant hereby certifies certifies, represents, warrants and represents confirms to the Beneficiary that Lender that, as of the date of this Deed of Trusthereof:
(Aa) each Mortgaged The Lease sets forth all of the agreements and understandings of Landlord and Tenant with respect to the Leased Premises, and has not been modified or amended.
(b) There are no other written or oral agreements or understandings between Landlord and Tenant with respect to the Leased Premises.
(c) Tenant has not subleased any portion of the Leased Premises, and Tenant has not assigned, whether outright or by collateral assignment, all or any portion of its rights under the Lease.
(d) The Lease is in full force and effect;effect in accordance with its terms; and a complete copy of the Lease is attached hereto as Exhibit B.
(Be) all requirements for The term of the commencement and validity Lease is set forth in Section 3 of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged the Lease;.
(Cf) Xxxxxx is As contemplated under the Lease, as of the date hereof, the improvements and space required to be furnished according to the Lease are in process, but have not in default under any Mortgaged Lease and yet been delivered by Landlord or accepted by Tenant, nor has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to occupancy commenced. To the best of Xxxxxx'x Txxxxx’s knowledge, no Lessor is default by Landlord or Tenant in default under the performance of the Lease to be performed exists on the date hereof. To the best of Tenant’s knowledge, no occurrences or events exist which would, with the passage of time or expiration of any Mortgaged Lease; no actnotice, event grace or condition has occurred which with notice or the lapse of timeright to cure period, or both, would constitute a default by Xxxxxx either Landlord or any Lessor Tenant under any Mortgaged the Lease; no claim
(g) Base monthly rent and additional rent to be paid by Xxxxxx Tenant are set forth in Section 5 of any nature exists against any Lessor under any Mortgaged the Lease; and all obligations of each Lessor . No rents have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest paid under the Mortgaged Leases except pursuant Lease to this Deed of Trustdate.
(Ah) The Beneficiary shall To the best of Txxxxx’s knowledge, Txxxxx does not now have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged current claim against Landlord that might be set-off against past or future rents due under the Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionwhich might be used as a defense to enforcement of the Lease.
(Bi) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interestThe amount of security or other advance deposit, if any, in the Leased Premises, and Xxxxxx shall look exclusively paid or to such equity interest be paid on account of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary Lease is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease$23,110.00.
Appears in 1 contract
Samples: Commercial Lease (Ciprico Inc)
Estoppel. Xxxxxx hereby certifies Within 10 Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant's knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of time, Building or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord's interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Philadelphia Consolidated Holding Corp)
Estoppel. Xxxxxx hereby certifies (a) Within ten (10) business days following Tenant’s receipt of written request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (i) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent then payable, (iii) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (iv) stating the amount of the security, if any, under this Lease, (v) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (vi) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (vii) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which such Lessor with notice respect to this Building only, and customary to such statement. Tenant acknowledges that any statement delivered pursuant to this Section 26.9 (a) may be relied upon by any purchaser or owner of the lapse of timeBuilding, or both, would constitute a default by Xxxxxx all or any Lessor under portion of Landlord’s interest in the Building, or by any Mortgaged Lease; no claim Mortgagee, or assignee thereof or by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;Lessor, or assignee thereof.
(Db) there are no defensesWithin ten (10) business days following request from Tenant, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaidLandlord shall, or will in the future be prepaid, not more than one (1) month in advance;
(F) Xxxxxx has no right or option contained time in any Mortgaged consecutive twelve (12) month period, deliver to Tenant a statement executed and acknowledged by Landlord, in form reasonably satisfactory to Tenant, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent and Additional Rent then payable, (iii) stating whether or not, to the best of Landlord’s knowledge, Tenant is in default under this Lease, and, if Tenant is in default, setting forth the specific nature of all such defaults, (iv) stating the amount of the security, if any, under this Lease, and (v) responding to any other document matters reasonably requested by Tenant, and customary to purchase all or such statement. Landlord acknowledges that any statement delivered pursuant to this Section 26.9(b) may be relied upon by Guarantor’s credit providers, a sublessee of any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified Premises or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all assignee of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (2U, Inc.)
Estoppel. Xxxxxx hereby certifies Within seven days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a written statement executed and represents acknowledged by Tenant, in form satisfactory to the Beneficiary Landlord, (i) stating that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent then payable, (iii) stating whether or not, to the best of Xxxxxx'x Tenant's knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (iv) stating the amount of the security deposit, if any, under this Lease, (v) stating whether there are any Mortgaged Lease; no actsubleases affecting the Premises, event (vi) stating the address of Tenant to which all notices and communication under the Lease shall be sent, the Commencement Date and the Expiration Date, and (vii) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 34.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord's interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties assignee thereof of any nature whatsoeverMortgagee of a Mortgage, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignor thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Martha Stewart Living Omnimedia Inc)
Estoppel. Xxxxxx hereby certifies At any time and represents from time to the Beneficiary time within fifteen (15) Business Days after written notice by Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing in a form provided by such requesting party certifying that: (a) this Lease is unmodified and in full force and effect (or if there have been modifications, that as of the date of this Deed of Trust:
(A) each Mortgaged Lease same is in full force and effect;
effect as modified and stating the modifications), (Bb) all requirements for the commencement dates to which the Fixed Rent and validity of each Mortgaged Lease Additional Rent have been satisfied and paid, (c) whether there are no unfulfilled conditions any offsets then known to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required Tenant's obligation to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended rent thereunder and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interestdescribing them, if any, and (d) stating whether or not to the knowledge of Tenant, Landlord is in the Leased Premisesdefault in performance of any term, covenant or condition contained in this Lease and, if so, specifying each such default of which Tenant may have knowledge, and Xxxxxx shall look exclusively to any other commercially reasonable information concerning this Lease that may be reasonably requested; it being intended that any such equity statement delivered pursuant hereto may be relied upon by any prospective purchaser of the Land and/or the Complex and/or the Building or any part thereof or of the interest of Landlord in any part thereof, by any mortgagee or prospective mortgagee thereof, or by any Landlord or prospective Landlord thereof. At any time and from time to time within fifteen (15) Business Days after written notice by Tenant, Landlord shall execute, acknowledge and deliver to Tenant a statement in writing in a form provided by such requesting party certifying that: (a) this Lease is unmodified and in full force and effect (or if there have been modifications, that same is in full force and effect as modified and stating the Beneficiarymodifications), and (b) stating whether or not to the knowledge of Landlord, Tenant is in default in performance of any term, covenant or condition contained in this Lease and, if anyso, in the Leased Premises for the payment and discharge specifying each such default of any obligations imposed upon the Beneficiary hereunder or under any Leasewhich Landlord may have knowledge, and the Beneficiary is hereby released and relieved of any other obligations hereunder commercially reasonable information concerning this Lease that may be reasonably requested; it being intended that any such statement delivered pursuant hereto may be relied upon by Tenant and under such Mortgaged Leaseany prospective subtenant or assignee of Tenant.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Tenant will, at the request of Landlord, at any time and represents from time to time upon not less than 10 days' prior notice, execute, acknowledge in recordable form, and deliver to Landlord or to Landlord's mortgagee, lessor under any ground lease, auditors or a prospective purchaser of the Project or any part there-of, a certificate stating the following, as requested: (a) that this Lease is unmodified and in full force and effect, (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) the date the Lease commenced and the rent commencement date (if different); (c) whether Tenant has any options to renew or extend the Lease Term or any options, rights of first refusal or rights of first offer to expand the Premises or to purchase the Project and whether Tenant has exercised any of those options; (d) whether Tenant has accepted and is now in full possession of the Premises, and whether Tenant has assigned the Lease, sublet all or any portion of the Premises, or otherwise transferred any interest in the Lease or the Premises; Tenant agrees to provide a copy of such assignment, sublease or transfer upon request; (e) the current monthly installments of Base Rental and Tenant's share of Excess Operating Expenses, the dates to which such rental and other charges have been paid, and that no such rent has been paid for more than 30 days in advance of its due date; (f) the base year(s) or base amount(s), if any, for Tenant's share of Excess Operating Expenses; (g) whether Tenant is currently receiving any rental concessions, rebates or abatements and, if so, the terms of such concession, rebate or abatement, including, without limitation, the date when such concession, rebate or abatement will expire; (h) whether Tenant is entitled to any future rent concessions, rebates or abatements under the Lease and, if so, the terms of the future concessions, rebates or abatements; (i) the amount of the Security Deposit paid to Landlord; (j) whether Tenant has received any notice of prior sale, transfer assignment, hypothecation or pledge of the Lease or of the rents payable thereunder; (k) that all alterations, improvements, additions, build-outs or construction required to be performed under the Lease have been completed and any required allowances have been paid (or if not completed or paid, stating the nature of the deficiencies); (l) that Tenant is paying rent on a current basis with no offsets or claims, and there are not, to Tenant's knowl-edge, any uncured defaults on the part of Landlord or of Tenant as is pertinent to the Beneficiary request (or specifying such offsets, claims or de-faults, if any are claimed); and (m) such other matters as may be reasonably requested. It is expressly understood and agreed that as any such statement may be relied upon by any prospective purchaser or mortgagee of all or any portion of the date real property of which the Premises are a part or by any other person to whom it is delivered. The failure to deliver such statement within such time will be conclusive upon Tenant that this Deed of Trust:
(A) each Mortgaged Lease is in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and , without modification except as may be represented by Landlord, there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is uncured defaults by Landlord and that not in default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease month's rental has been modified or amended paid in advance and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating Tenant -will be estopped from asserting any defaults known to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trustit at that time.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within ten (10) Business Days after request from Landlord, any Mortgagee or any Superior Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Xxxxxx, in form reasonably satisfactory to Landlord (or such Mortgagee or Superior Lessor), (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date; (b) stating that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (c) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (d) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease and, if Landlord is in default, setting forth the specific nature of all such defaults, (e) stating the amount of the Security Deposit held by Landlord under this Lease, (f) stating whether there are any Mortgaged Leasesubleases or assignments affecting the Premises and if so, to whom and (in the case of a sublease) for what term; no act, event or condition has occurred (g) stating the address of Tenant to which with notice or all notices and communications under the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged LeaseLease must be sent; and all obligations of each Lessor have been fully performed;
(Dh) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required responding to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document factual matters reasonably requested by Landlord, such Mortgagee or such Superior Lessor. Tenant acknowledges that any statement delivered pursuant to purchase this Section 26.10 may be relied upon by any purchaser or owner of all or of any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged LeaseReal Property, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, Building or Landlord’s interest in the Leased PremisesReal Property or the Building, and Xxxxxx or any Superior Lease; or by any Mortgagee, or assignee thereof; or by any Superior Lessor, or assignee thereof. In no event shall look exclusively Tenant be deemed to such equity interest of have waived any rights against the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.then current Landlord DocuSign Envelope ID: 9A9C9B12-A895-460A-B922-02EA96CBF419888 F039-07D3 96C 95C7 5 F6CAE9878F
Appears in 1 contract
Samples: Office Lease (1stdibs.com, Inc.)
Estoppel. Xxxxxx hereby certifies Within ten (10) days after request by Landlord, Tenant shall deliver an estoppel certificate duly executed (and represents acknowledged if required by any lender or purchaser), in the form attached hereto as EXHIBIT E, or in such other form as may be acceptable to the Beneficiary that as lender or purchaser, which form may include some or all of the date provisions contained in EXHIBIT E, to any proposed mortgagee, purchaser or Landlord. Tenant's failure to deliver said statement in such time period shall be an Event of Default hereunder and shall be conclusive upon Tenant that (a) this Deed of Trust:
(A) each Mortgaged Lease is in full force and effect;
, without modification except as may be represented by Landlord; (B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(Db) there are no defensesuncured defaults in Landlord's performance and Tenant has no right of offset, counterclaims counterclaim or setoffs deduction against rents or charges due or which may become due under any Mortgaged Lease;
Rent hereunder; and (Ec) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, no more than one (1) month month's Base Rent has been paid in advance;
. Landlord reserves the right to substitute a different form of estoppel certificate upon the request of any proposed mortgagee or purchaser. If any financier should require that this Lease be amended (Fother than in the description of the Premises, the Term, the Permitted Use, the Rent or as will adversely affect the rights, or increase the obligations, of Tenant), Landlord shall give written notice thereof to Tenant, which notice shall be accompanied by a Lease supplement embodying such amendments. Tenant shall not unreasonably withhold its consent to such Lease supplement and, within ten (10) Xxxxxx has no right or option contained in any Mortgaged days after the receipt of Landlord's notice, execute and deliver to Landlord the tendered Lease or in supplement and any other document documents as may be reasonably and ordinarily required by such lender or purchaser, unless Tenant shall reasonably withhold its consent thereto in which event Tenant, within such time period, shall give written notice to purchase all or any portion Landlord of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of TrustTenant's reasonable objections thereto.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Office Lease (Puma Technology Inc)
Estoppel. Xxxxxx hereby certifies (a) Within 7 days following request from Landlord, any Mortgagee or any Lessor. Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the Beneficiary that as best of Tenant’s knowledge, Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the date security, if any, under this Lease, (e) stating whether there are any subleases or assignments affecting the Premises, (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the Building, all or any portion of Landlord’s interest in the Real Property or the Building or any Superior Lease, or by any Mortgagee, or assignee thereof or by any Lessor, or assignee thereof.
(b) Within 7 days following request from Tenant, Landlord shall execute and deliver to Tenant an estoppel certificate in favor of Tenant and such other persons as Tenant shall request, setting forth the following: (a) a ratification of this Deed of Trust:
Lease except as otherwise stated by Landlord to the contrary in the estoppel certificate; (Ab) each Mortgaged the Commencement Date and Expiration Date; (c) that this Lease is in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received any uncured notice of any default been assigned, modified, supplemented or amended (except by Xxxxxx such writing as shall be stated); (d) that all conditions under such Mortgaged Leasethis Lease to be performed by Tenant have, to Landlord’s knowledge, been satisfied, or, in the alternative, those claimed by Landlord to be unsatisfied; (e) that, to the best of Xxxxxx'x Landlord’s knowledge, no Lessor is in default under any Mortgaged Lease; no act, event defenses or condition has occurred which with notice or offsets exist against the lapse enforcement of timethis Lease by Landlord, or bothin the alternative, would constitute a default those claimed by Xxxxxx Landlord; (f) that the amount of advance rent, if any (or any Lessor under any Mortgaged Leasenone if such is the case), has been paid by Tenant; no claim by Xxxxxx (g) the date to which Fixed Rent has been paid; (h) the amount of any nature exists against any Lessor under any Mortgaged Leasethe Security Deposit (if any); and all obligations of each Lessor have been fully performed;
(Di) there are no defenses, counterclaims or setoffs against rents or charges due or which such other information as Tenant may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trustreasonably request.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (BTHC VII Inc)
Estoppel. Xxxxxx hereby certifies Tenant shall, from time to time, upon not less than ten (10) days’ prior written request by Landlord, execute and represents deliver to Landlord a written statement in the Beneficiary form attached hereto as Exhibit H certifying that as of this Lease is unmodified and in full force and effect (or, if there have been modifications, that the date of this Deed of Trust:
(A) each Mortgaged Lease same is in full force and effect;
(B) all requirements for effect as modified and stating the commencement and validity of each Mortgaged Lease have modifications), the dates to which the Rent has been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx paid, that Tenant is not in default hereunder and whether Tenant has any offsets or defenses against Landlord under any Mortgaged Lease this Lease, and has whether or not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor Tenant’s knowledge Landlord is in default hereunder (and if so, specifying the nature of the default) and any other information reasonably requested by Landlord regarding this Lease, it being intended that any such statement delivered pursuant to this Article 27 may be relied upon by a prospective purchaser of Landlord’s interest or by a Holder or prospective Holder or assignee of the foregoing. If Tenant fails to timely deliver an executed estoppel certificate to Landlord, the estoppel prepared by Landlord will be deemed true and correct and binding upon Tenant and, at Landlord’s option, such failure will constitute a Default by Tenant under any Mortgaged this Lease; no act, event or condition has occurred which with without the necessity of additional notice or the lapse passage of additional grace periods. Landlord shall, from time to time, or bothupon not less than twenty (20) days’ prior written request by Tenant, would constitute execute, acknowledge and deliver to Tenant a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; written statement certifying that this Lease is unmodified and all obligations of each Lessor in full force and effect (or, if there have been fully performed;
modifications, that the same is in full force and effect as modified and stating the modifications), whether or not to the best of Landlord’s knowledge Tenant is in default hereunder (D) there are no defensesand if so, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none specifying the nature of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1default) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in and any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to information reasonably requested by Tenant regarding this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Turo Inc.)
Estoppel. Xxxxxx hereby certifies (a) Within ten (10) days following written request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Xxxxxx, in form reasonably satisfactory to Landlord, (a) stating, to Xxxxxx’s knowledge, the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (g) responding to any other matters reasonably requested by Xxxxxxxx, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser or owner of the Project or the lapse Building or all or any portion of timeLandlord’s interest in the Project or the Building or any Superior Lease, or bothby any Mortgagee, would constitute or assignee thereof or by any Lessor, or assignee thereof.
(b) Within ten (10) days following written request from Tenant, Landlord shall deliver to Tenant a statement executed and acknowledged by Landlord, in form reasonably satisfactory to Tenant, (a) stating, to Landlord’s knowledge, the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to Landlord’s knowledge, Tenant is in default under this Lease, and, if Tenant is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security, if any, under this Lease, (e) stating the address of Landlord to which all notices and communications under this Lease shall be sent, and (f) responding to any other matters reasonably requested by Xxxxxx Xxxxxx. Landlord acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser, investor, successor assignee or lender of Tenant or any Lessor under any Mortgaged Lease; no claim Related Entity or by Xxxxxx a sublessee or assignee of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Deed of Lease (Carlyle Group L.P.)
Estoppel. Xxxxxx hereby certifies Within seven (7) Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Letter of Credit, if any, and/or the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (ChromaDex Corp.)
Estoppel. Xxxxxx hereby certifies Within 15 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best knowledge of Xxxxxx'x knowledgeTenant’s Director of Corporate Real Estate (or an equivalent position) (“Tenant’s Estoppel Representative”), no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Letter of Credit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended the Building or any Superior Lease, or by any Mortgagee, or assignee thereof or by any Lessor, or assignee thereof and each Mortgaged Lease constitutes that Tenant’s Estoppel Representative shall have the entire agreement between the applicable Lessor and Xxxxxx relating authority to bind Tenant to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except statement delivered pursuant to this Deed of TrustSection 26.10.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Sublease Agreement (Sunrun Inc.)
Estoppel. Xxxxxx hereby certifies (a) Within ten (10) Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s actual knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Letter of Credit, if any, and/or the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Project or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Project or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, subletor assignee thereof or by any Lessor, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trustassignee thereof.
(Ab) The Beneficiary Within ten (10) Business Days following request from Tenant, Landlord shall have no obligations nor incur any liability with respect deliver to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to Tenant a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if anystatement executed and acknowledged by Landlord, in form reasonably satisfactory to Tenant, covering the Leased Premisesmatters set forth in Section 26.10(a), and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Leaseextent applicable to Landlord.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within 10 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a written statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to the Beneficiary Landlord, (i) stating that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent then payable, (iii) stating whether or not, to the best of Xxxxxx'x Tenant's knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (iv) stating the amount of the security deposit, if any, under this Lease, (v) stating whether there are any Mortgaged subleases affecting the Premises, (vi) stating the address of Tenant to which all notices and communication under the Lease shall be sent, the Commencement Date and the Expiration Date, and (vii) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 34.11 may be relied upon by any purchaser or owner of the Real Property or the Building, or Landlord's interest in the Real Property or the Building or any Superior Lease; no act, or by any Mortgagee, or assignee thereof of any Mortgagee of a Mortgage, or by any Lessor, or assignor thereof. From time to time, within 10 days following a request by Tenant, Landlord shall deliver to Tenant a written statement executed and acknowledged by Landlord (i) stating that this Lease is then in full force and effect and has not been modified (or, if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent, all Additional Rent and any other items of rental have been paid, (iii) stating whether or not, to the best knowledge of Landlord, Tenant is in default under this Lease, and, if Tenant is in default, setting forth the nature of all such defaults, and stating whether or not to the best knowledge of Landlord any event or condition has occurred which with the giving of notice or the lapse passage of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
if so, specifying same, and (Div) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required as to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended matters reasonably requested by Tenant and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant related to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease (Kasper a S L LTD)
Estoppel. Xxxxxx hereby certifies Within 15 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within ten (10) Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Xxxxxx, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor either Tenant and/or Landlord is in default under this Lease, and setting forth the specific nature of all such defaults, if any, (d) stating the amount of the security deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under this Lease shall be sent, and (g) confirming any other factual matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
Real Property or the Building or any Superior Lease, or by any Mortgagee, or assignee thereof or by any Lessor, or assignee thereof. Within fifteen (G15) no Mortgaged Business Days following request from Tenant, Landlord shall deliver to Tenant a statement executed by Landlord stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and certifying (i) that this Lease is then in full force and effect and has not been modified (or amended if modified, setting forth all such modifications), (ii) setting forth the date to which Fixed Rent and each Mortgaged Lease constitutes an Additional Rent have been paid, together with the entire agreement between the applicable Lessor amount of monthly Fixed Rent, Tenant’s Tax Payment, Tenant’s Operating Payment and Xxxxxx relating Tenant’s Insurance Payment then payable by Tenant under this Lease, (iii) stating whether or not, to the applicable Leased Premises; and
knowledge of Landlord, Tenant is then in default under this Lease if so, setting forth the specific nature of all such defaults, (Hiv) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all stating the amount of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interestsecurity deposit, if any, in then being held by Landlord under this Lease, (v) setting forth the Leased Premisesaddresses of Landlord to which notices and communications delivered pursuant to this Lease shall be sent, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of (vi) confirming any other obligations hereunder and under such Mortgaged Leasefactual matters concerning this Lease as may be reasonably requested by Xxxxxx.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within 20 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Letter of Credit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other factual matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26,10 may be relied upon by any purchaser or owner of the lapse of timeReal Property, the Building, the Complex, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property, the Building, the Complex, or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedany Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Affirmative Insurance Holdings Inc)
Estoppel. Xxxxxx hereby certifies (a) Within 7 Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any Additional Rent have been paid, together with the amount of monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the Beneficiary that as best of Tenant's knowledge, Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the date Security Deposit, if any, under this Lease, (e) stating whether there are any subleases or assignments affecting the Premises, (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 27.10 may be relied upon by any purchaser or owner of the Real Property or the Building, or all or any portion of Landlord's interest in the Real Property or the Building or any Superior Lease, or by any Mortgagee, or assignee thereof or by any Lessor, or assignee thereof.
(b) Landlord shall, within 7 Business Days after Tenant's request, execute and deliver to Tenant an estoppel certificate in favor of Tenant and such other persons as Tenant shall request, setting forth the following: (a) a ratification of this Deed of Trust:
Lease; (Ab) each Mortgaged the Commencement Date and Expiration Date; (c) that this Lease is in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received any uncured notice of any default been assigned, modified, supplemented or amended (except by Xxxxxx such writing as shall be stated); (d) that all conditions under such Mortgaged Leasethis Lease to be performed by Tenant have, to Landlord's knowledge, been satisfied, or, in the alternative, those claimed by Landlord to be unsatisfied; (e) that, to the best of Xxxxxx'x Landlord's knowledge, no Lessor is in default under any Mortgaged Lease; no act, event defenses or condition has occurred which with notice or offsets exist against the lapse enforcement of timethis Lease by Landlord, or bothin the alternative, would constitute a default those claimed by Xxxxxx Landlord; (f) that the amount of advance rent, if any (or any Lessor under any Mortgaged Leasenone if such is the case), has been paid by Tenant; no claim by Xxxxxx (g) the date to which Fixed Rent has been paid; (h) the amount of any nature exists against any Lessor under any Mortgaged Leasethe Security Deposit (if any); and all obligations of each Lessor have been fully performed;
(Di) there are no defenses, counterclaims or setoffs against rents or charges due or which such other information as Tenant may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trustreasonably request.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease (Cmgi Inc)
Estoppel. Xxxxxx hereby certifies and represents Tenant agrees, within ten (10) days after request by Landlord, to the Beneficiary that as execute in favor of any prospective purchaser or encumbrancer of the date Premises or an interest in this Lease, an estoppel agreement (a) confirming the subordination of this Deed of Trust:
Lease to any such encumbrance on the terms set forth in paragraph 17.1, and (Ab) each Mortgaged stating (i) whether this Lease is in full force and effect;
effect and listing any modifications, assignments or subleases, (Bii) all requirements for whether Tenant has accepted possession of the Premises, (iii) the commencement date and validity expiration date of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
the Term, (Civ) Xxxxxx is not in default under any Mortgaged Lease and has not received any uncured notice the amount of the monthly installments of Base Rent then payable, (v) an itemization of any default by Xxxxxx under such Mortgaged Lease; to Additional Rent paid during the best of Xxxxxx'x knowledgepreceding twelve (12) months, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists (vi) whether Tenant claims an offset against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges Rent due or which may to become due under any Mortgaged hereunder (provided nothing herein shall be construed to create such a right of offset except as expressly set forth in this Lease;
), (Evii) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease whether Rent has been prepaid, or will in the future be prepaid, paid more than one (1) month in advance;
advance of its due date (Fand containing an agreement by Tenant not to pay Rent more than one month in advance of its due date), (viii) Xxxxxx has no right the address for notices to be sent to Tenant, (ix) that Tenant will look only to Landlord for obligations accruing prior to the time any such purchaser, encumbrancer, or option contained purchaser at foreclosure acquires title to the Premises, (x) whether Landlord is then in default (specifying the exact nature of any Mortgaged Lease or in any other document claimed default). (xi) that Tenant will riot surrender the Premises prior to purchase all or any portion the expiration of the Leased Premises;
(G) no Mortgaged Term or consent to a written modification or termination of this Lease with Landlord without the approval of any first mortgage lender which has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all advised Tenant of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
interest, and (Axii) The Beneficiary shall have no obligations nor incur any liability with respect such other factual matters as may be reasonably requested by Landlord including matters related to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionGuarantor.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Amerivision Communications Inc)
Estoppel. Xxxxxx hereby certifies Within 7 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Security Deposit under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property, the Project or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property, the Project or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (E2open Inc)
Estoppel. Xxxxxx hereby certifies Within no more than ten (10) days after written request by Landlord, Tenant shall execute, acknowledge, and represents deliver to the Beneficiary Landlord a certificate stating (I) that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is unmodified and in full force and effect;
, or, if the lease is modified, the way in which it is modified accompanied by a copy of the modification agreement, (Bii) all requirements for the commencement date to which rental and validity of each Mortgaged other sums payable under this Lease have been satisfied paid and there are the amounts so paid, (iii) that no unfulfilled conditions notice has been received by Tenant or any default which has not been cured, or, if such a default has not been cured, what Tenant intends to Xxxxxx'x obligations under such Mortgaged Lease;
do in order to effect the cure, and when it will do so, (Civ) Xxxxxx that Tenant has accepted and occupied the Premises, (v) that Tenant has no claim or offset against Landlord, or, if it does, stating the circumstances which gave rise to the claim or offset, (vi) the Tenant is not in default aware of any prior assignment of this Lease by Landlord, or, if it is, stating the date of the assignment and assignee (if known to Tenant), and (vii) such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any prospective purchaser of the Premises and any prospective mortgagee or beneficiary under any Mortgaged Lease deed of trust or mortgage encumbering the real property or Premises. If Landlord submits a completed certificate to Tenant, and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; if Tenant fails to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
object to its contents within ten (D10) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none days after its receipt of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaidcompleted certificate, or will the matters stated in the future certificate will conclusively be prepaid, more than one deemed to be correct. Tenant irrevocably appoints Landlord as Tenant's attorney-in-fact to execute and deliver on Tenant's behalf any completed certificate to which Tenant does not object within ten (110) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of days after its interest under the Mortgaged Leases except pursuant to this Deed of Trustreceipt.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Creditrust Corp)
Estoppel. Xxxxxx hereby certifies Within 10 Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of time, Building or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Sublease Agreement (K12 Inc)
Estoppel. Xxxxxx hereby certifies Within 7 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Letter of Credit and/or Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property, or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property, or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Inphi Corp)
Estoppel. Xxxxxx hereby certifies Tenant shall, from time to time, within ten (10) business days’ prior written request by Landlord, execute, acknowledge and represents deliver to Landlord a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Beneficiary that as of the date of this Deed of Trust:
(A) each Mortgaged Lease same is in full force and effect;
(B) all requirements for effect as modified and stating the commencement and validity of each Mortgaged Lease have modifications), the dates to which the Rent has been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx paid, that Tenant is not in default Default hereunder, whether Tenant has any offsets or defenses against Landlord under any Mortgaged this Lease and has whether or not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor Tenant’s knowledge Landlord is in default under any Mortgaged Lease; no actLandlord Default (defined in Section 33 below) hereunder (and if so, event or condition has occurred which with notice or specifying the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaidLandlord Default), or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in and any other document to purchase all or information reasonably requested by Landlord regarding this Lease, it being intended that any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except such statement delivered pursuant to this Deed paragraph may be relied upon by a prospective purchaser of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties Landlord’s interest or by a mortgagee of Landlord’s interest or assignee of any nature whatsoeversecurity deed upon Landlord’s interest in the Premises. If Tenant fails to timely deliver to Landlord either (i) an executed estoppel certificate or (ii) good faith comments to a proposed estoppel certificate and thereafter fails again to deliver the same within five (5) business days after delivery of a further request for same, whether pursuant the estoppel prepared by Landlord will be irrevocably deemed true and correct and binding upon Tenant. Additionally, Landlord shall, from time to any Mortgaged time, upon not less than fifteen (15) days prior to the request by Tenant, execute and deliver to Tenant a written statement certifying that this Lease or otherwiseis unmodified and in full force and effect (or, includingif there have been modifications, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Leasesame is in full force and effect as modified and stating the modifications), the Beneficiary shall have no obligationdates to which Rent has been paid, nor incur any liabilitythat Landlord is not in Landlord Default (defined in Section 33) hereunder and whether to the best of Landlord’s knowledge Tenant is in Default hereunder (and if so, beyond specifying the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest nature of the BeneficiaryDefault), if anybeing it intended that any such statement delivered by Landlord may be relied upon by a prospective subtenant, in the Leased Premises for the payment and discharge or assignee of any obligations imposed upon the Beneficiary hereunder Tenant or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Leasean entity providing financing to Tenant.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within ten (10) days after request therefor by Landlord, Tenant agrees to execute and represents deliver in recordable form an estoppel certificate to any holder of a mortgage or proposed mortgage or proposed purchaser or to Landlord certifying (if such is the Beneficiary case) that this Lease is unmodified and in full force and effect (and if there has been any modification, that the same is in full force and effect as of modified and stating the modifications): that there are no uncured defaults by Landlord; that there are no defenses or offsets against the enforcement thereof or stating those claimed by Tenant; stating the date to which rent and other sums due hereunder are paid; and containing such other statements regarding this Lease, the Premises or Tenant as Landlord, the proposed mortgagee or purchaser shall reasonably require. Such certificate shall also include such other information and agreements by Tenant to protect the security interest of any lender as may reasonably be required or requested by such lender. The failure by Tenant to deliver any such certificate within ten (10) days after request therefor shall be deemed to constitute the certification by Tenant that this Deed of Trust:
(A) each Mortgaged Lease is in full force and effect;
(B) all requirements for the commencement effect and validity of each Mortgaged Lease have has not been satisfied modified except as may be represented by Landlord, that no rent or other payment has been paid more than one month in advance, and that there are no unfulfilled conditions uncured defaults by Landlord and no defenses or offsets against the enforcement thereof. If Tenant fails to Xxxxxx'x obligations under deliver such Mortgaged Lease;
estoppel certificate within said ten (C10) Xxxxxx is not days, Tenant shall and does hereby irrevocably appoint Landlord as Tenant's attorney in fact to execute and deliver such certificate. Failure of Tenant to provide such statement, whether Landlord acts as agent to provide a statement or not, shall be a material default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released Tenant shall defend, indemnify, and relieved of any hold Landlord harmless from all liabilities, costs, expenses, and losses (including forfeited deposits, lost opportunity to pay lower interest or to obtain additional investment funds and other obligations hereunder consequential damages, costs, and under such Mortgaged Leaseattorneys' fees).
Appears in 1 contract
Samples: Office Space Lease (Cayenta Inc)
Estoppel. Xxxxxx hereby certifies Within ten (10) Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, any Mortgagee or any Lessor, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser or owner of the Real Property or the lapse of time, Building or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Convio, Inc.)
Estoppel. Xxxxxx hereby certifies (a) From time to time, within 10 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (i) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (iii) stating whether or not, to the best of Xxxxxx'x Tenant's knowledge, no Lessor Landlord is in default under this Lease, (iv) stating whether or not, to the best of Tenant's knowledge, Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (v) stating the amount of the security deposit, if any, under this Lease, (vi) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (vii) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (viii) responding, to Tenant's knowledge, to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this SECTION 26.10(a) may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord's interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, subletor assignee thereof or by any Lessor, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trustassignee thereof.
(Ab) The Beneficiary From time to time, within ten days following a request by Tenant, Landlord, shall deliver to Tenant a certificate executed by Landlord, in form reasonably satisfactory to Tenant, (i) stating the Commencement Date, the Rent Commencement Date and the Expiration Date, and that this Lease is then in full force and effect and has not been modified (or, if modified, setting forth all modifications), (ii) setting forth the date to which the Fixed Rent and any Additional Rent have no obligations nor incur any liability been paid, together with respect the amount of monthly Fixed Rent, Tenant's Tax Payment and Tenant's Operating Payment then payable, (iii) stating whether or not, to any warranties the best of any nature whatsoeverLandlord's knowledge, whether pursuant to any Mortgaged Lease Landlord or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Tenant is in default under this Lease, and, if Landlord asserts that Tenant is in default, setting forth the Beneficiary shall have no obligationspecific nature of all such defaults, nor incur any liability, beyond (iv) stating the Beneficiary's then equity interestamount of the Security Deposit, if any, under this Lease, (v) stating whether there are any Mortgages and/or Superior Leases then in effect, (vi) stating the Leased Premisesaddress of Landlord, any Lessor and any Mortgagor to which all notices and communications under this Lease shall be sent, and Xxxxxx shall look exclusively (vii) responding to such equity interest any other matters relating to this Lease reasonably requested by Tenant. Landlord acknowledges that any statement delivered pursuant to this SECTION 26.10(b) may be relied upon by Tenant and by any prospective or actual sublessee of the Beneficiary, if any, in the Leased Premises for the payment and discharge or assignee of any obligations imposed upon the Beneficiary hereunder or under any this Lease, and the Beneficiary is hereby released and relieved or permitted transferee of or successor to Tenant, or by any other obligations hereunder and under such Mortgaged Leaseprospective or actual lender to Tenant.
Appears in 1 contract
Samples: Lease (Franklin Resources Inc)
Estoppel. Xxxxxx hereby certifies Tenant shall, at any time and represents from time to time within ten (10) days following written notice from Landlord, execute, acknowledge and deliver to Landlord and any person designated by Landlord in such notice, a statement in writing: (i) certifying, as true and complete, a copy of and identifying all the Beneficiary documents constituting this Lease and the dates thereof, (ii) certifying that as of this Lease is unmodified and in full force and effect (or if modified, that the date of this Deed of Trust:
(A) each Mortgaged Lease same is in full force and effect;
effect as modified and stating the date and identifying such modifications), (Biii) all requirements for stating the commencement last dates to which the Minimum Rent and validity of each Mortgaged Lease Additional Rent have been satisfied paid, the amount(s) thereof and there are no unfulfilled conditions to Xxxxxx'x obligations the extent such Rent has been paid in advance, (iv) stating whether Landlord has completed all work or installations required under such Mortgaged the Lease;
, (Cv) Xxxxxx is stating whether or not in default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor Landlord is in default under in the performance of any Mortgaged Lease; no actcovenant, event agreement or condition has occurred which contained in this Lease, and, if so, specifying each such default, or any Event of Default, and (vi) stating or certifying as to such other matters with notice respect to this Lease, the Demised Premises or the lapse of time, respective parties’ obligations hereunder as may be requested by Landlord or both, would constitute a default by Xxxxxx any present or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims prospective Mortgagee or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none purchaser of the rent which Xxxxxx is required to pay under Demised Premises or Building. Any such statement delivered pursuant hereto may be relied upon by any Mortgaged Lease has been prepaidowner of the Building, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion thereof, any prospective purchaser of the Leased Premises;
Building, or any portion thereof, any Mortgagee, or any prospective assignee of any of the foregoing. The failure of Tenant to deliver any estoppel certificate in the time and in the manner required by this Article shall be deemed to be Tenant’s express acknowledgment that the information set forth in any estoppel certificate delivered to Tenant for execution is true, correct and complete and agreed to by Tenant or, if no such certificate was delivered in advance for Tenant’s approval, that the Lease is unmodified, in full force and effect, that no Event of Default in payment or performance exists and that any default which may exist is waived by Tenant. Tenant hereby constitutes and appoints Landlord its true and lawful attorney-in-fact in Tenant’s name (Gwhich power of attorney shall be deemed irrevocable and a power coupled with an interest) no Mortgaged Lease has been modified to execute such statements if Tenant shall fail to do so within such ten (10)-day period. Tenant waives the provisions of any statute or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating rule of law now or hereafter in effect which may give or purport to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed give Tenant any right to terminate or otherwise adversely affect this Lease and Tenant’s obligations hereunder in the event any foreclosure proceeding is prosecuted or completed or in the event the building in which the Demised Premises are contained, or the Building or Landlord’s interest therein is transferred any or all by foreclosure, by deed in lieu of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease foreclosure or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Tenant shall, from time to time, upon not less than ten (10) days’ prior written request by Xxxxxxxx, execute and represents deliver to Landlord a written statement in the Beneficiary form attached hereto as Exhibit H certifying that as of this Lease is unmodified and in full force and effect (or, if there have been modifications, that the date of this Deed of Trust:
(A) each Mortgaged Lease same is in full force and effect;
(B) all requirements for effect as modified and stating the commencement and validity of each Mortgaged Lease have modifications), the dates to which the Rent has been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx paid, that Tenant is not in default hereunder and whether Tenant has any offsets or defenses against Landlord under any Mortgaged Lease this Lease, and has whether or not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor Tenant’s knowledge Landlord is in default hereunder (and if so, specifying the nature of the default) and any other information reasonably requested by Xxxxxxxx regarding this Lease, it being intended that any such statement delivered pursuant to this Article 27 may be relied upon by a prospective purchaser of Landlord’s interest or by a Holder or prospective Holder or assignee of the foregoing. If Tenant fails to timely deliver an executed estoppel certificate to Landlord, the estoppel prepared by Landlord will be deemed true and correct and binding upon Tenant and, at Landlord’s option, such failure will constitute a Default by Tenant under any Mortgaged this Lease; no act, event or condition has occurred which with without the necessity of additional notice or the lapse passage of additional grace periods. Landlord shall, from time to time, upon not less than twenty (20) days’ prior written request by Xxxxxx, execute, acknowledge and deliver to Tenant a written statement certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), whether or bothnot to the best of Landlord’s knowledge Tenant is in default hereunder (and if so, would constitute a default specifying the nature of the default) and any other information reasonably requested by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease has been modified or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to regarding this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Turo Inc.)
Estoppel. Xxxxxx hereby certifies Within 7 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within 10 Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant's current actual knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord's interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Estoppel. Xxxxxx hereby certifies Within ten (10) days following written request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s actual knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other factual matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser or owner of the Project or the lapse of time, Building or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Project or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authorityor assignee thereof. Tenant shall be entitled to obtain from time to time (but not more than (1) time per calendar year during the Term) similar estoppel certificates from Landlord, habitability, fitness for purpose upon which Tenant or possessionits designee shall be entitled to rely.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Deed of Lease (FBR & Co.)
Estoppel. Xxxxxx hereby certifies Within ten (10) Business Days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant's knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Letter of Credit, if any, and/or the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Project or the lapse of timeBuilding, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord's interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Project or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authorityor assignee thereof. 789956.06/WLA 377061-00006/sb/sb Arboretum Courtyard [Catasys, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.Inc.]
Appears in 1 contract
Samples: Lease (Catasys, Inc.)
Estoppel. Xxxxxx hereby certifies Tenant will, at the request of Landlord, at any time and represents from time to time upon not less than 10 days’ prior notice, execute, acknowledge in recordable form, and deliver to Landlord or to Landlord’s mortgagee, lessor under any ground lease, auditors or a prospective purchaser of the Project or any part thereof, a certificate stating the following, as requested: (a) that this Lease is unmodified and in full force and effect, (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) the date the Lease commenced and the rent commencement date (if different); (c) whether Tenant has any options to renew or extend the Lease Term or any options, rights of first refusal or rights of first offer to expand the Premises or to purchase the Project and whether Tenant has exercised any of those options; (d) whether Tenant has accepted and is now in full possession of the Premises, and whether Tenant has assigned the Lease, sublet all or any portion of the Premises, or otherwise transferred any interest in the Lease or the Premises; Tenant agrees to provide a copy of such assignment, sublease or transfer upon request; (e) the current monthly installments of Base Rental and Tenant’s Proportionate Share of Operating Expenses, the dates to which such rental and other charges have been paid, and that no such rent has been paid for more than 30 days in advance of its due date; (f) whether Tenant is currently receiving any rental concessions, rebates or abatements and, if so, the terms of such concession, rebate or abatement, including, without limitation, the date when such concession, rebate or abatement will expire; (g) whether Tenant is entitled to any future rent concessions, rebates or abatements under the Lease and, if so, the terms of the future concessions, rebates or abatements; (h) the amount of the Security Deposit paid to Landlord; (i) whether Tenant has received any notice of prior sale, transfer assignment, hypothecation or pledge of the Lease or of the rents payable thereunder; (j) that, to Tenant’s knowledge, all alterations, improvements, additions, build-outs or construction required to be performed under the Lease have been completed and any required allowances have been paid (or if not completed or paid, stating the nature of the deficiencies); (k) that Tenant is paying rent on a current basis with no offsets or claims, and there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord or of Tenant as is pertinent to the Beneficiary request (or specifying such offsets, claims or defaults, if any are claimed); and (l) such other matters as may be reasonably requested. It is expressly understood and agreed that as any such statement may be relied upon by any prospective purchaser or mortgagee of all or any portion of the date real property of which the Premises are a part or by any other person to whom it is delivered. The failure to deliver such statement within such time will be conclusive upon Tenant that this Deed of Trust:
(A) each Mortgaged Lease is in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and , without modification except as may be represented by Landlord, there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is uncured defaults by Landlord and that not in default under any Mortgaged Lease and has not received any uncured notice of any default by Xxxxxx under such Mortgaged Lease; to the best of Xxxxxx'x knowledge, no Lessor is in default under any Mortgaged Lease; no act, event or condition has occurred which with notice or the lapse of time, or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of the Leased Premises;
(G) no Mortgaged Lease month’s rental has been modified or amended paid in advance and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating Tenant will be estopped from asserting any defaults known to the applicable Leased Premises; and
(H) Xxxxxx has not assigned, mortgaged, sublet, encumbered, conveyed or otherwise transferred any or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trustit at that time.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
Samples: Lease Agreement (Fusion-Io, Inc.)
Estoppel. Xxxxxx hereby certifies Within 15 days following request from Landlord, any Mortgagee or any Lessor, but not more frequently than 3 times in any 12 month period during the Term, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Tenant, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional, Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the Security Deposit, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Real Property or the lapse of time, Building or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Real Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, or assignee thereof. Within 10 Business Days following request from Tenant, but not more frequently than twice in any Lessor's authority12 month period, habitability, fitness for purpose or possession.
(B) In the event that the Beneficiary Landlord shall acquire title deliver to any Leased Premises subject to Tenant a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if anystatement executed and acknowledged by Landlord, in form reasonably satisfactory to Tenant, containing the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Leaseabove information.
Appears in 1 contract
Samples: Sublease (K12 Inc)
Estoppel. Xxxxxx hereby certifies Within 10 days following request from Landlord, any Mortgagee or any Lessor, Tenant shall deliver to Landlord a statement executed and represents acknowledged by Txxxxx, in form reasonably satisfactory to Landlord, (a) stating the Beneficiary Commencement Date, the Rent Commencement Date and the Expiration Date, and that as of the date of this Deed of Trust:
(A) each Mortgaged Lease is then in full force and effect;
(B) all requirements for the commencement and validity of each Mortgaged Lease have been satisfied and there are no unfulfilled conditions to Xxxxxx'x obligations under such Mortgaged Lease;
(C) Xxxxxx is not in default under any Mortgaged Lease effect and has not received been modified (or if modified, setting forth all modifications), (b) setting forth the date to which the Fixed Rent and any uncured notice Additional Rent have been paid, together with the amount of any default by Xxxxxx under such Mortgaged Lease; monthly Fixed Rent and Additional Rent then payable, (c) stating whether or not, to the best of Xxxxxx'x Tenant’s knowledge, no Lessor . Landlord is in default under this Lease, and, if Landlord is in default, setting forth the specific nature of all such defaults, (d) stating the amount of the security, if any, under this Lease, (e) stating whether there are any Mortgaged Lease; no actsubleases or assignments affecting the Premises, event (f) stating the address of Tenant to which all notices and communications under the Lease shall be sent, and (g) responding to any other matters reasonably requested by Landlord, such Mortgagee or condition has occurred which with notice such Lessor. Tenant acknowledges that any statement delivered pursuant to this Section 26.10 may be relied upon by any purchaser or owner of the Property or the lapse of time, Building or both, would constitute a default by Xxxxxx or any Lessor under any Mortgaged Lease; no claim by Xxxxxx of any nature exists against any Lessor under any Mortgaged Lease; and all obligations of each Lessor have been fully performed;
(D) there are no defenses, counterclaims or setoffs against rents or charges due or which may become due under any Mortgaged Lease;
(E) none of the rent which Xxxxxx is required to pay under any Mortgaged Lease has been prepaid, or will in the future be prepaid, more than one (1) month in advance;
(F) Xxxxxx has no right or option contained in any Mortgaged Lease or in any other document to purchase all or any portion of Landlord’s interest in the Leased Premises;
(G) no Mortgaged Lease has been modified Property or amended and each Mortgaged Lease constitutes the entire agreement between the applicable Lessor and Xxxxxx relating to the applicable Leased Premises; and
(H) Xxxxxx has not assignedBuilding or any Superior Lease, mortgagedor by any Mortgagee, sublet, encumbered, conveyed or otherwise transferred any assignee thereof or all of its interest under the Mortgaged Leases except pursuant to this Deed of Trust.
(A) The Beneficiary shall have no obligations nor incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to any Mortgaged Lease or otherwise, including, without limitation, any warranties respecting use, compliance with zoning, by any Lessor's title, any Lessor's authority, habitability, fitness for purpose or possessionassignee thereof.
(B) In the event that the Beneficiary shall acquire title to any Leased Premises subject to a Mortgaged Lease, the Beneficiary shall have no obligation, nor incur any liability, beyond the Beneficiary's then equity interest, if any, in the Leased Premises, and Xxxxxx shall look exclusively to such equity interest of the Beneficiary, if any, in the Leased Premises for the payment and discharge of any obligations imposed upon the Beneficiary hereunder or under any Lease, and the Beneficiary is hereby released and relieved of any other obligations hereunder and under such Mortgaged Lease.
Appears in 1 contract
