Execution by Lessee. The party or parties executing this Agreement on behalf of the Lessee warrant(s) and represent(s): (i) that such executing party (or parties) has (or have) complete and full authority to execute this Agreement on behalf of Lessee; (ii) that Lessee shall fully perform its obligations hereunder.
Execution by Lessee. Lessee shall not during the Term enter into, create, place of record, amend, assign, restate, modify, or terminate any Record Agreement or any Other Recorded Document except as Lessee from time-to-time in good xxxxx xxxxx necessary or appropriate for (A) use and operation of the Terminal System by Lessee and its Affiliates, (B) compliance with Applicable Legal Requirements and contractual arrangements with third parties regarding operation of the Terminal System, (C) compliance by Lessee with its obligations under this Lease, or (D) compliance with the requirements of this Lease regarding Tax Challenges and Permitted Lessee Contests.
Execution by Lessee. Within ten (10) days of request therefor by Lessor, Lessee shall execute a written statement acknowledging the commencement and termination dates of this Lease, that it is in full force and effect, has not been modified (or if it has, stating such modifications), and providing any other pertinent information as Lessor or its agent might reasonably request. Failure to comply with this Article shall be a material breach of this Lease by Lessee giving Lessor all rights and remedies under Article 26 hereof, as well as a right to damages caused by the loss of a loan or sale which may result from such failure by Lessee.
Execution by Lessee. Lessee shall not during the Lease Term enter into, create, place of record, amend, assign, restate, modify, or terminate any Record Agreement (including any document or instrument creating or governing any of the Easements) or any Other Recorded Document except (i) “Closing Deliveries” pursuant to the Purchase Agreement, or (ii) as Lessee from time-to-time in good fxxxx xxxxx necessary or appropriate for (A) use and operation of the Liquids Gathering System and Other Lessee Activities by Lessee and its Affiliates, (B) compliance with Applicable Legal Requirements and contractual arrangements with third parties regarding operation of the Liquids Gathering System, (C) compliance by Lessee with its obligations under this Lease, or (D) compliance with the requirements of this Lease regarding Tax Challenges and Permitted Lessee Contests.
Execution by Lessee. By execution of the Memorandum of Lease for a Facility or FF&E, Lessee agrees to all of the terms and conditions of this Agreement and is deemed to have executed this Agreement as of the date of the request for advance with respect to such Facility or FF&E.
Execution by Lessee. Within ten (10) days after receipt of written request by Lessor, Lessee shall execute and deliver to Lessor an estoppel certificate acknowledging such facts regarding this Lease as Lessor may reasonably require, including without limitation, that (i) (all provided that the following is true and correct) this Lease is in full force and effect, binding and enforceable in accordance with its terms and unmodified (or if modified, specifying the written modification documents); (ii) no default exists on the part of Lessor or Lessee under this Lease; (iii) there are no events which with the passage of time, or the giving of notice, or both, would create a default under this Lease; (iv) no rent in excess of one month's rent has been paid in advance; (v) Lessee has not received any written notice of any other sale, assignment, transfer, mortgage or pledge of this Lease or the rent due hereunder; and (vi) Lessee has no defense, setoff, recoupment or counterclaim against Lessor. Any such estoppel certificate may be relied upon by Lessor, any lender or any prospective purchaser of the Building or Complex or any interest therein. Failure to comply with this Article shall be a material breach of this Lease by Lessee giving Lessor all rights and remedies under Article 29 hereof, as well as a fight to damages caused by the loss of a loan or sale which may result from such failure by Lessee.
Execution by Lessee. Within ten (10) business days of request therefor by Lessor, Lessee shall execute a written statement ("Estoppel Certificate") acknowledging the commencement and termination dates of this Lease, that it is in full force and effect, has not been modified (or if it has, stating such modifications) and providing any other pertinent information as Lessor or its agents might reasonably request. Failure to comply with this Article shall be a material breach of this Lease by Lessee giving Lessor all rights and remedies under Article 30 hereof, as well as a right to damages caused by the loss of a loan or sale which may result from such failure by Lessee. A copy of the Estoppel Certificate required by Lessor's lender and required to be executed by Lessee is attached hereto as Exhibit L.
Execution by Lessee. By execution of the Memorandum of Lease for a Property, Lessee agrees to all of the terms and conditions of this Ground Lease and is deemed to have executed this Ground Lease as of the date of the request for advance with respect to such Property.
Execution by Lessee. Within ten (10) xxxs of request therefor by Lessor, Lessee shall execute a written statement acknowledging the commencement and termination dates of this Lease, that it is in full force and effect, has not been modified (or if it has, stating such modifications) and providing any other pertinent information as Lessor or its agent might reasonably request.
Execution by Lessee. By execution of the Memorandum of Lease for a Property, Lessee agrees to all of the terms and conditions of this Agreement and is deemed to have executed this Agreement as of the date of the request for advance with respect to such Property. AGREEMENT FOR GROUND LEASE - Page 30 --------------------------
