Ground Lease Estoppels. Borrower shall have delivered to Lender an executed estoppel letter from the Ground Lessor under each Ground Lease, which is in form and substance satisfactory to Lender.
Ground Lease Estoppels. Lender shall have received an executed estoppel letter from each Fee Owner in a form reasonably acceptable to the Lender.
Ground Lease Estoppels. Lender shall have received a fully executed copy of the Ground Lease in form and substance satisfactory to lender together with an executed estoppel letter from the Ground Lessor, which shall be in form and substance satisfactory to Lender.
Ground Lease Estoppels. To the extent required by Lender, Lender shall have received an executed estoppel letters from each Fee Owner in the form attached as Exhibit H.
Ground Lease Estoppels. The Seller shall request and use commercially reasonable efforts to obtain an executed estoppel certificate from the landlord under each Ground Lease in substantially the same form as the applicable form attached as Exhibit D or such other form as such landlord is required or permitted to deliver under the relevant Ground Lease (each a “Ground Lease Estoppel”) (without the obligation to incur any material cost or liability in connection with such efforts or making any payments or granting any concessions under the Ground Lease and without the obligation to declare any Ground Lease in default or to initiate any proceeding thereunder). Subject to Section 8.4, the receipt of any Ground Lease Estoppel or any matter raised in any Ground Lease Estoppel shall not be a condition to the Purchaser’s obligation to close and shall not constitute grounds to refuse to close.
Ground Lease Estoppels. Each applicable Seller agrees to use its reasonable efforts to obtain an estoppel (dated (or updated) not earlier than thirty (30) days prior to the Closing Date) in a form reasonably acceptable to Buyer and otherwise acceptable to each ground lessor under the Xxxxxx’x Seller One Lease, the Xxxxxx’x Seller Two Lease, the Caesars Seller One Lease, the Caesars Seller Two Lease and the Tunica Golf Course Leases; provided, however, that no Seller shall be required to pay money to any ground lessor or any other third party in connection with obtaining such estoppels.
Ground Lease Estoppels. Seller shall have delivered estoppel certificates from lessors under all leases set forth on Schedule 6.2(h) under which Seller or a Seller Subsidiary is a tenant. In order to qualify as an estoppel certificate meeting the requirements of the foregoing condition, each estoppel certificate shall (A) be in a form that is either: (i) substantially in the Form attached hereto as Exhibit I, (ii) attached to the applicable Ground Lease; or (iii) contain the information required to be provided by lessor under any specific Ground Lease if no form of estoppel certificate is stipulated; and (B) shall not reflect any uncured default or information that is materially inconsistent with the representations and warranties of Seller in this Agreement. Seller agrees to request a form of estoppel certificate from each lessor under a Ground Lease in the form attached hereto as Exhibit I.
Ground Lease Estoppels. Sellers hereby agree to execute and cause the Xxxxxx to execute Ground Lease Estoppels and Agreements in forms reasonably acceptable to counsel for Bear Xxxxxxx Commercial Mortgage, Inc.
Ground Lease Estoppels. Each Seller shall use good faith, commercially reasonable efforts to obtain and deliver to Buyer a ground lessor’s estoppel certificate and agreement in the form required by Buyer’s lender (the “Ground Lease Estoppel Certificate”) from each ground lessor under the Ground Leases (the “Ground Lessor”). Said certificate shall be delivered no later than seven (7) days before the Applicable Closing and shall be dated no earlier than fifteen (15) Business Days prior to the Applicable Closing. Each Seller hereby expressly acknowledges and agrees that the obligation of each Seller of a Ground Leased Property to deliver the Ground Lease Estoppel Certificate to Buyer is a condition precedent to Buyer’s obligation to close the transaction contemplated by this Agreement and if each Seller of a Ground Leased Property does not timely deliver the Ground Lease Estoppel Certificate to Buyer, then Buyer shall have the right to treat any Respective Premises as an Excluded Property under this Agreement.
Ground Lease Estoppels. Hickory will use commercially reasonable efforts to obtain and deliver to Down REIT estoppel certificates from the landlords of under the Ground Leases. Each estoppel certificate will be in the form of Exhibit 6.10 of the Disclosure Schedule or in the form required under the Ground Lease and sufficient for Down REIT to obtain leasehold title insurance coverage with respect to such Ground Lease.
