Estoppels; SNDAs. (a) The Seller shall prepare and deliver to all tenants under the Space Leases at the Acquired Properties an Estoppel substantially in the form of Exhibit C attached hereto and request and use commercially reasonable efforts to obtain from each such tenant an executed Estoppel, dated no more than sixty (60) days prior to the Closing Date, to Buyer.
(b) The Seller shall prepare and deliver a Subordination, Non-Disturbance and Attornment Agreement in the form of Exhibit L (each an “SNDA”) attached hereto to (i) all tenants under Space Leases which contain a Purchase Option, and (ii) all other tenants under Space Leases specified by Buyer or Buyer’s lender (collectively, the “SNDA Tenants”). Seller shall use commercially reasonable efforts to obtain from each required tenant an executed SNDA.
Estoppels; SNDAs. Failure to deliver any subordination or attornment agreement or estoppel certificate within 5 business days after notice that such document was not received within the time period specified below; and
Estoppels; SNDAs. The Administrative Agent shall have received estoppels and subordination and nondisturbance and attornment agreements from all Tenants subject to a Major Lease for any Borrowing Base Property.
Estoppels; SNDAs. (a) Promptly following the Effective Date, Seller shall (i) prepare and deliver to all tenants under Non-Buyer Leases an estoppel certificate in favor of Buyer in the form of Exhibit “J-1” attached hereto (the “Tenant Estoppel”), and request each such tenant execute and deliver the Tenant Estoppel to Sellers and Buyer and (ii) prepare and deliver to the contractor, Skanksa, an estoppel certificate in favor of Buyer in the form of Exhibit “J-2” attached hereto (the “Contractor Estoppel”), and request Skanska execute and deliver the Contractor Estoppel to Sellers and Buyer. However, it is expressly understood and agreed that the receipt of one or more Tenant Estoppel and/or Contractor Estoppel shall not be a condition to Buyer’s obligation to proceed with the Closing under this Agreement, and the failure to obtain any Tenant Estoppel or Contractor Estoppel shall not entitle Buyer to terminate this Agreement. Seller shall deliver any executed Tenant Estoppels and Contractor Estoppels it receives to Buyer.
(b) Upon the written request of Buyer, such Seller agrees to forward, at no cost to such Seller and solely as an accommodation to Buyer, Buyer’s lender’s form of Subordination, Non-Disturbance and Attornment Agreement (“SNDA”) (if any) to each tenant (other than Buyer). However, it is expressly understood and agreed that the receipt of one or more Subordination, Non-Disturbance and Attornment Agreements in any form executed by tenants shall not be a condition to Buyer’s obligation to proceed with the Closing under this Agreement, and the failure to obtain any SNDA shall not entitle Buyer to terminate this Agreement.
Estoppels; SNDAs. If (i) Buyer is closing mortgage financing on all or any of the Properties concurrent with such Closing, and (ii) Buyer advises Seller at least ten (10) Business Days prior to such Closing of the name of the mortgage lender for each relevant Property, then Seller agrees to deliver at such Closing, with respect to each Property for which such mortgage financing is being so obtained, the following:
(i) An estoppel certificate with respect to each Property Lease for such Property in the form attached as Exhibit C to the Property Lease (each a “Lease Estoppel Certificate”), executed by Seller; and
(ii) A subordination, non-disturbance and attornment agreement with respect to each Property Lease for such Property in the form attached as Exhibit B to the Property Lease (each an “SNDA”) , executed by Seller. The items to be delivered by Seller in accordance with the terms of Sections 7.3(a) through 7.3(k) shall be delivered to Escrow Agent no later than 5:00 p.m. Eastern Time on the last Business Day prior to the applicable Closing Date.
Estoppels; SNDAs. From time to time, upon receipt of the Lender's reasonable request therefor, the Borrower shall use reasonable, diligent efforts to obtain an estoppel statement and a subordination, nondisturbance agreement, each in form and substance reasonably acceptable to the Lender, from each tenant under a Material Lease in a Property which tenant has not previously delivered such documents to Lender.
Estoppels; SNDAs. In the event that any lender with respect to the Assumed Loans or, with respect to any other Property, the Company’s proposed lender (“Company’s Lender”), requires Company to deliver (i) estoppels to any parties to any Condominium Document, Property Agreement or Service Contract (“Estoppels”) and/or (ii) subordination, nondisturbance and attornment agreements (“SNDAs”) in connection with Company’s financing of the Property (or any portion thereof) or otherwise requests Company to attempt to obtain the same, Steadfast will cooperate and use commercially reasonable efforts to deliver to the applicable third party each such requested Estoppel and/or SNDA (as applicable) in the form as may be requested by Company’s Lender and shall use commercially reasonable efforts to (but shall have no obligation to) obtain the prompt return of an executed Estoppel and/or an SNDA (as applicable) in substantially the same form. In no event shall Steadfast be required to deliver requests for such Estoppels and/or SNDAs (as applicable) for any residential Leases.
Estoppels; SNDAs. If (i) Buyer is closing mortgage financing on all or any of the Properties concurrent with Closing, and (ii) Buyer has requested that Seller deliver the same, then Buyer agrees to deliver at Closing, with respect to each Property for which such mortgage financing is being so obtained, the following:
(i) An SNDA for such Property, executed by Buyer. The Purchase Price shall be paid in accordance with the terms of Section 7.2 hereof and the items to be delivered by Buyer in accordance with the terms of Sections 7.4(b) through 7.4(i) shall be delivered to Escrow Agent no later than 5:00 p.m. Eastern Time on the last Business Day prior to the Closing Date.
Estoppels; SNDAs. (a) Each party agrees that it will, upon written request by the other party, execute and deliver in favor of the requesting party and/or the requesting party's present or future lenders, an Estoppel Certificate in the form attached hereto and made a part hereof as Exhibit B.
(b) Tenant agrees that it will, upon written request by Landlord, execute and deliver a Subordination, Non-Disturbance and Attornment Agreement with respect to each Site substantially in the form attached hereto and made a part hereof as Exhibit C.
Estoppels; SNDAs. In the event that any of Purchaser’s proposed lenders requires Purchaser to deliver (i) estoppels to any parties to any declaration, reciprocal easement agreement, Commercial Lease or Contract (“Counterparty Estoppels”) and/or (ii) subordination, non-disturbance and attornment agreements (“SNDAs”) in connection with Purchaser’s financing of the Property (or any portion thereof) or otherwise requests Purchaser to attempt to obtain same, Seller shall deliver to the applicable third party each such requested Counterparty Estoppel and/or SNDA (as applicable) in the form as may be requested by Purchaser’s proposed lender and shall request the prompt return of an executed Counterparty Estoppel and/or SNDA (as applicable) in substantially the same form – it being agreed, however, that Seller or it property manager shall not be required to incur any expense or liability nor shall Seller have any obligation to declare a default or otherwise threaten or pursue any remedy for any tenant’s or other party’s failure to deliver any such Counterparty Estoppel or SNDA. If Purchaser’s lender requires any Counterparty Estoppel or SNDA, Purchaser shall be responsible to provide Seller with the completed forms of the Counterparty Estoppel or SNDA for Seller’s delivery to each tenant or other party, as applicable. Any such SNDA shall be prepared to reflect Purchaser as the landlord following the Closing and, as a result, Seller shall not be required to execute or otherwise join in any such SNDA. Purchaser acknowledges and agrees that, notwithstanding anything herein to the contrary, the execution or delivery of any Counterparty Estoppel or SNDA shall not be a condition to Purchaser’s obligation to proceed to the Closing nor shall the failure, for any or no reason, to receive any Counterparty Estoppel or SNDA entitle Purchaser to terminate this Agreement or receive back the Deposit.
