Common use of Landlord Loan or Sale Clause in Contracts

Landlord Loan or Sale. Tenant agrees, promptly following request by --------------------- Landlord, to execute and deliver to Landlord any documents, including estoppel certificates presented to Tenant by Landlord, (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any; (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder (or, if there are any such uncured defaults, stating the nature of any such default[s]); and (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord, to be secured by deed of trust or mortgage covering the Premises, or a purchase of the Property, the Building or the Premises from Landlord. Tenant's failure to deliver an estoppel certificate within three (3) days following such request shall constitute a default under this Lease and shall be conclusive upon Tenant that this Lease is in full force and effect and has not been modified except as may be represented by Landlord, and that there are no uncured defaults in Landlord's performance. In addition, if requested by Landlord, Tenant shall deliver to any prospective lender or purchaser of the Property and/or the Building, audited financial statements of Tenant covering the two (2) fiscal years immediately preceding the request, certified by an independent certified public accountant (or, if such statements are not normally prepared, audited and certified by an independent public accountant, then certified by the chief financial officer or a principal of Tenant).

Landlord Loan or Sale. Tenant agrees, agrees promptly but no latter than fifteen (15) days following request by --------------------- Landlord, Landlord to (A) execute and deliver to Landlord any documents, including estoppel certificates presented to Tenant by Landlord, (i) certifying that this Lease is unmodified and in full force and effect (effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) effect and the date to which the Rent rent and other charges are paid in advance, if any; , and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder (orhereunder, or if there are any such uncured defaults, stating the nature and status of any such default[s]); defaults, and (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord, Landlord to be secured by deed of trust or mortgage covering the Premises, Premises or a purchase purchaser of the Property, the Building or the Premises from LandlordLandlord and (B) to deliver to Landlord the current financial statements of Tenant certified by Tenant to be true and correct, including a balance sheet for the most recent prior fiscal year all prepared in accordance with generally accepted accounting principles consistently applied. The only financial statement that Tenant shall be required to deliver to Landlord pursuant to this clause shall be a current balance sheet with the opinion of a certified public accountant, if available, and Tenant shall only be required to deliver such financial statement when Landlord is engaged in negotiations for a bona fide sale or refinancing of the Premises. Tenant's failure to deliver an estoppel certificate within three (3) days promptly following such request shall constitute a default under this Lease and shall be conclusive upon Tenant (a) that this Lease is in full force and effect and has not been modified effect, without modification except as may be represented by Landlord, and (b) that there are now no uncured defaults in Landlord's performance. In addition, if requested by Landlord, Tenant shall deliver to any prospective lender or purchaser of the Property and/or the Building, audited financial statements of Tenant covering the two performance and (2c) fiscal years immediately preceding the request, certified by an independent certified public accountant (or, if such statements that no rent has been paid in advance except those that are not normally prepared, audited and certified by an independent public accountant, then certified by the chief financial officer or a principal of Tenant)set forth in this Lease.

Landlord Loan or Sale. If Tenant shall require an estoppel certificate or similar document from Landlord, Landlord's estoppel shall be in the same form as applicable to Landlord, as Tenant must provide below. Tenant agrees, promptly following written request by --------------------- Landlord, to (a) execute and deliver to Landlord any documents, including estoppel certificates presented to Tenant by Landlord, (i) certifying that this Lease is unmodified and in full force and effect effect, (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any; , (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder (orhereunder, if there are any such uncured defaults, stating the nature of any such default[s]); and (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord, to be secured by deed of trust or mortgage covering the PremisesPremises or any part thereof, or a purchase of the Property, the Building or the Premises from Landlord, and (b) to deliver to Landlord "10-K" Annual Reports if such exists, filed with the Securities and Exchange Commission for the previous three (3) fiscal years. Tenant's failure to deliver an estoppel certificate within three twenty (320) days following such request shall constitute a default under this Lease and shall be conclusive upon Tenant that this Lease is in full force and effect and has not been modified except as may be represented by Landlord, and that there are no uncured defaults in Landlord's performance. In addition, if requested by Landlord, Tenant Any such certificate shall deliver contain language such that (1) all statements therein are made to any prospective lender or purchaser of the Property and/or the Building, audited financial statements of Tenant covering the two Tenant's best knowledge and (2) fiscal years immediately preceding the request, certified by an independent certified public accountant (or, if nothing therein shall be deemed to be a waiver of any right or cause of action based on any fact of which Tenant has no knowledge due to Landlord's concealment of or failure to disclose such statements are not normally prepared, audited and certified by an independent public accountant, then certified by the chief financial officer or a principal of Tenant)fact.

Landlord Loan or Sale. Tenant agrees, agrees promptly but no later than fifteen (15) days following request by --------------------- Landlord, Landlord to (A) execute and deliver to Landlord any documents, including estoppel certificates presented to Tenant by Landlord, (i) certifying that this Lease is unmodified and in full force and effect (effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) effect and the date to which the Rent rent and other charges are paid in advance, if any; , and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder (orhereunder, or if there are any such uncured defaults, stating the nature and status of any such default[s]); defaults, and (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord, Landlord to be secured by deed of trust or mortgage covering the Premises, Premises or a purchase purchaser of the Property, the Building or the Premises from LandlordLandlord and (B) to deliver to Landlord the current financial statements of Tenant certified by Tenant to be true and correct, including a balance sheet for the most recent prior fiscal year all prepared in accordance with generally accepted accounting principles consistently applied. The only financial statement that Tenant shall be required to deliver to Landlord pursuant to this clause shall be a current balance sheet with the opinion of a certified public accountant, if available, and Tenant shall only be required to deliver such financial statement when Landlord is engaged in negotiations for a bona fide sale or refinancing of the Premises. Tenant's failure to deliver an estoppel certificate within three (3) days promptly following such request shall constitute a default under this Lease and shall be conclusive upon Tenant (a) that this Lease is in full force and effect and has not been modified effect, without modification except as may be represented by Landlord, and (b) that there are now no uncured defaults in Landlord's performance. In addition, if requested by Landlord, Tenant shall deliver to any prospective lender or purchaser of the Property and/or the Building, audited financial statements of Tenant covering the two performance and (2c) fiscal years immediately preceding the request, certified by an independent certified public accountant (or, if such statements that no rent has been paid in advance except those that are not normally prepared, audited and certified by an independent public accountant, then certified by the chief financial officer or a principal of Tenant)set forth in this Lease.

Landlord Loan or Sale. Tenant agrees, promptly following request by --------------------- Landlord, to (a) execute and deliver to Landlord any documents, including estoppel certificates presented to Tenant by Landlord, (i) certifying that this Lease is unmodified and in full force and effect effect, (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any; , and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder (oror specifying those known to Tenant, if there are any such uncured defaults, stating the nature of any such default[s]); and (iii) evidencing the status of the Lease as may be required either by a lender making a loan to Landlord, to be secured by deed of trust or mortgage covering the Premises, or a purchase of the Property, the Building or the Premises from Landlord, and (b) to deliver to Landlord the current financial statements of Tenant, including a balance sheet and profit and loss statement, for the most recent fiscal year completed and prepared in the ordinary cause of Tenant's business using prudent business accounting practices consistently applied. Landlord agrees not to disclose such financial statements except to lenders considering loans utilizing the Property as collateral or purchasers interested in purchasing the Property who, in each case have agreed to maintain such financial statements in confidence. Tenant's failure to deliver an estoppel certificate within three ten (310) days following such request shall constitute a default under this Lease and shall be conclusive upon Tenant that this Lease is in full force and effect and has not been modified except as may be represented by Landlord, and that there are no uncured defaults in Landlord's '" performance. In additionIf Tenant fails to deliver the estoppel certificate within the ten (10) days, if requested by Landlord, Tenant Landlord shall have the right to execute and deliver the certificate to any prospective lender or purchaser of the Property and/or the Building, audited financial statements of Tenant covering the two (2) fiscal years immediately preceding the request, certified by an independent certified public accountant (or, if such statements are not normally prepared, audited and certified by an independent public accountant, then certified by the chief financial officer or a principal third party on behalf of Tenant).