Common use of Estoppel Clause in Contracts

Estoppel. Property Manager and Borrower represent and warrant that all of the following are true as of the date of this Assignment: (a) The Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. (b) Neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. (c) Neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. (d) The Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.

Appears in 52 contracts

Samples: Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees (Steadfast Income REIT, Inc.), Assignment of Management Agreement and Subordination of Management Fees (Steadfast Income REIT, Inc.)

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Estoppel. Property Manager and Borrower represent and warrant that all each of the following are is true and complete as of the date of this Assignment: (a) The Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. (b) Neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. (c) Neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. (d) The Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.

Appears in 3 contracts

Samples: Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees

Estoppel. Property Manager and Borrower represent and warrant that all of the following are true as of the date of this Assignment: (a) The Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. (b) Neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. (c) Neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. (d) The Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.

Appears in 2 contracts

Samples: Assignment of Management Agreement and Subordination of Management Fees, Assignment of Management Agreement and Subordination of Management Fees

Estoppel. Property Manager and Borrower represent and warrant that all of the following are true as of the date of this Assignmenttrue: (a) The Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. (b) Neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. (c) Neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. (d) The Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.

Appears in 2 contracts

Samples: Assignment of Management Agreement and Subordination of Management Fees (Steadfast Income REIT, Inc.), Assignment of Management Agreement and Subordination of Management Fees (Steadfast Income REIT, Inc.)

Estoppel. Property Manager represents and Borrower represent and warrant warrants to Lender that all of the following are true as of the date of this Assignment: (a) The the Management Agreement attached hereto as Exhibit A is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. Agreement, (b) Neither Property neither Manager nor Mortgage Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. , (c) Neither Property neither Manager nor Mortgage Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. Agreement and (d) The the Management Fees and all other sums due and payable to the Property Manager under the Management Agreement as of the date hereof have been paid in full.

Appears in 2 contracts

Samples: Subordination of Management Agreement, Subordination of Management Agreement (TNP Strategic Retail Trust, Inc.)

Estoppel. Property Manager represents and Borrower represent and warrant warrants that all of the following are true as of the date of this Assignment: (a) The the Management --------- Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant with respect to this Assignment. the Property, (b) Neither Property neither Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement with respect to the Property and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. Agreement with respect to the Property, (c) Neither Property neither Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. Agreement with respect to the Property and (d) The the Management Fees and all other sums that are due and payable to the Property Manager under the Management Agreement have been paid in fullfull with respect to the Property.

Appears in 1 contract

Samples: Loan Agreement (Sl Green Realty Corp)

Estoppel. Property Manager and Borrower represent and warrant that all of the following are true as of the date of this Assignment: (a) The the Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. , (b) Neither neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. , (c) Neither neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. Agreement and (d) The the Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.

Appears in 1 contract

Samples: Assignment of Management Agreement and Subordination of Management Fees (Paladin Realty Income Properties Inc)

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Estoppel. Property Manager represents and Borrower represent and warrant warrants that all of the following are true as of the date of this Assignment: (a) The the Property Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. an assignment by the Borrower as security for the Deeds of Trust; (b) Neither neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Property Management Agreement Agreement, and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Property Management Agreement. ; (c) Neither neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Property Management Agreement. ; and (d) The the Property Management Fees and all other sums due and payable to the Property Manager under the Property Management Agreement have been paid in full.

Appears in 1 contract

Samples: Subordination of Management Agreement (Reven Housing REIT, Inc.)

Estoppel. Property Manager represents and Borrower represent and warrant that all of the following are true warrants, as of the date of this Assignment: hereof, that (a) The the Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant with respect to this Assignment. the Property, (b) Neither Property neither Manager nor Borrower Grantor is in default under any of the terms, covenants or provisions of the Management Agreement with respect to the Property and Property Manager knows of no event whichwhich constitutes, but for or with the passage of time or the giving of notice or bothboth would constitute, would constitute an event of default under the Management Agreement. Agreement with respect to the Property, (c) Neither Property neither Manager nor Borrower Grantor has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. Agreement with respect to the Property, (d) The the Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.full with respect to the Property for the period ending June 30, 2011 and (e) a true, correct and complete copy of the Management Agreement is attached hereto as Exhibit A.

Appears in 1 contract

Samples: Credit Agreement (Morgans Hotel Group Co.)

Estoppel. Property Each of Borrower and Manager represents and Borrower represent and warrant warrants that all of the following are true as of the date of this Assignment: (a) The the Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. , (b) Neither Property neither Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property neither Borrower or Manager knows of no any event which, but for the passage of time or the giving of notice or both, would constitute an event of default by either Borrower or Manager under the Management Agreement. , (c) Neither Property neither Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. Agreement and (d) The the Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full, as of the date hereof.

Appears in 1 contract

Samples: Assignment of Management Agreement and Subordination of Management Fees (TNP Strategic Retail Trust, Inc.)

Estoppel. Property Manager and Borrower represent and warrant that all of the following are true as of the date of this Assignment: (a) The Management Agreement is in full force and effect and has not been modified, amended or assigned other than pursuant to this Assignment. (b) Neither Property Manager nor Borrower is in default under any of the terms, covenants or provisions of the Management Agreement and Property Manager knows of no event which, but for the passage of time or the giving of notice or both, would constitute an event of default under the Management Agreement. (c) Neither Property Manager nor Borrower has commenced any action or given or received any notice for the purpose of terminating the Management Agreement. (d) The Management Fees and all other sums due and payable to the Property Manager under the Management Agreement have been paid in full.. Assignment of Management Agreement and

Appears in 1 contract

Samples: Assignment of Management Agreement and Subordination of Management Fees

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