Estoppels and SNDAs. Buyer’s obligation to proceed to Closing shall be conditioned on the following, provided that Buyer may in its sole discretion elect to waive either or both such conditions:
Estoppels and SNDAs. (a) Seller shall use commercially reasonable efforts to secure and deliver to Buyer by the Closing Date tenant estoppel certificates for all Leases substantially in the form attached hereto as Exhibit C unless a tenant’s Lease specifically requires a specific form of estoppel, in which case Seller shall use commercially reasonable efforts to secure and deliver to Buyer by the Closing Date such specific form of estoppel. As of the Effective Date, Buyer and Seller have mutually agreed on the estoppel to be sent to each specific tenant and all such estoppels have been delivered by Seller as of the Effective Date. Each tenant estoppel certificate shall be dated no earlier than thirty (30) days prior to Closing. Buyer shall notify Seller in writing, either by the Closing Date or within three (3) business days following Buyer’s receipt of a tenant estoppel certificate (PDF copy via email), whichever is earlier, of Buyer’s disapproval of any materially adverse matter(s) contained therein as determined in Buyer’s reasonable business judgment, and the basis of such disapproval (“Buyer’s Disapproval Notice”). Seller shall have ten (10) business days from the later of the date of Seller’s receipt of Buyer’s Disapproval Notice or the original Closing Date within which to cure such materially adverse matter(s) by receipt of a replacement estoppel substantially in the form attached hereto as Exhibit C (or in the specific form of estoppel attached to the Lease, if applicable) and satisfactory to Buyer in Buyer’s commercially
Estoppels and SNDAs. At the request of Developer or any holder of a mortgage or deed of trust, Owner shall, from time to time and upon the request of such holder, timely execute and deliver to Developer or such holder a written statement of Owner that no default or breach exists (or would exist with the passage of time, or giving of notice or both) by Developer under this Agreement, if such be the fact, and certifying as to whether or not Developer has at the date of such certification complied with any obligation of Developer hereunder as to which Developer or such holder may inquire. At the request of Developer or any holder of a mortgage or deed of trust, Owner shall, from time to time and upon the request of such holder, but after Close of Escrow, timely execute and deliver to Developer or such holder a written statement of subordination, attornment and non-disturbance (SNDA), subject to the prohibition on subordination provided in Section 7.5 of the Covenant Agreement as to the TOT Guarantee. The form of any estoppel letter or SNDA shall be prepared by the holder or Developer and shall be at no cost to Owner, including any reasonable cost for the Owner to provide review by competent Counsel. The Owner’s Executive Director shall be expressly authorized to execute any such SNDA or estoppel document. Such written statements requested by Xxxxxxxxx and issued by Owner shall not waive Owner’s obligation to consider in future requests any such prior default or prior breach for which could not have been known to Owner at the time any such written statement of no default or breach was previously issued by Owner.
Estoppels and SNDAs. At or prior to Closing, Seller shall deliver tenant estoppel certificates and subordination, non-disturbance and attornment agreements in a form reasonably acceptable to Seller, Purchaser and Purchaser’s lender for any Tenant Lease in the Property for more than 20,000 square feet of rentable area, and for 80% of the aggregate square footage of the remainder of the Property, and shall use its best efforts to provide such additional tenant estoppels and SNDAs as Purchaser’s lender may reasonably require.
Estoppels and SNDAs. Lender shall have received an executed estoppel certificate and a subordination, non-disturbance and attornment agreement from each tenant under the Leases.
Estoppels and SNDAs. Provided that Buyer has delivered to Seller the appropriate form no later than June 4, 2010, then Seller shall deliver, no later than three (3) business days prior to Closing Date, Tenant’s estoppel certificates, as required by and provided for in Section 9.1.6, and “SNDA,” as defined in and provided for in Section 9.1.6.
Estoppels and SNDAs. (a) Tenants. Bedford’s review and approval of executed Tenant estoppel certificates in the form required by X. X. Xxxxxx in connection with the New Loan (with the inclusion of certification to Bedford as well as to X. X. Xxxxxx) from Tenants occupying at least ninety-five percent (95%) of the currently leased square footage of the Property. The draft estoppel certificates are attached hereto as Exhibit J. Said estoppel certificates shall be dated no earlier than the Agreement Date. Seller agrees to request each Tenant to execute and deliver its estoppel certificate as soon as possible after the date hereof, and Seller agrees to use its commercially reasonable efforts to obtain all such estoppel certificates.
Estoppels and SNDAs. The Shareholders will, and will cause the Company to, use commercially reasonable efforts to assist the Buyer in obtaining the Landlord Estoppel Certificates and SNDA's called for by Sections 7.9 and 7.11, respectively, and in obtaining estoppel certificates, in such form as Buyer may reasonably determine to be appropriate, from sublessees of the Leased Real Property.
Estoppels and SNDAs. Sublessee shall deliver such estoppel certificates, subordination and attornment agreements and other like documents and agreements with respect to the Sublease Premises to the same extent, and at the same time and in the same manner, that Sublessor is required to do so with respect to the Sublease Premises.
Estoppels and SNDAs. 7.3.1 After the expiration of the Due Diligence Period, Seller shall use commercially reasonable efforts to obtain and deliver to Purchaser, prior to Closing, an estoppel letter in substantially the form attached hereto as Exhibit "E" executed by each of the Tenants; provided, however, that if any Tenant is permitted under the terms of its Lease to provide less information or to otherwise make different statements or provide a different form of estoppel certification, then if the tenant refuses to provide an estoppel letter in the form of Exhibit "E", Seller shall use commercially reasonable efforts to obtain an estoppel certificate in accordance with the relevant Lease. Any estoppel letter in substantially the form of Exhibit "E" or that complies with the provisions of the relevant Lease is called a "Tenant Estoppel". Commercially reasonable efforts shall not include the payment of any sums by Seller to any Tenant, the incurrence of any other liability to any Tenant, or the granting of any other concession to any Tenant.
