Landlord's Estoppel. Upon Tenant's reasonable request and in no event more than once during the Lease year, or in the event of a permitted assignment of sublease by Tenant, Landlord shall provide an estoppel statement certifying the facts stated in 34.1(a) and (b) hereof as related to Tenant.
Landlord's Estoppel. Landlord agrees, at any time and from time to time, upon not less than ten days' prior written notice by Tenant, to execute, acknowledge and deliver to Tenant a statement in writing certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) the dates to which the Rent and other charges have been paid in advance, if any, and (c) stating whether, to the best knowledge of Landlord, Tenant is in default in Tenant's performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which Landlord may have knowledge and also stating whether any notice of default has been given under this Lease which has not been remedied and, if so, stating the date of the giving of said notice, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective assignee or mortgagee of this Lease or prospective sublessee of the whole or any part of the Premises.
Landlord's Estoppel. Borrower will use reasonable commercial efforts absent the payment of any fees or the making of any concessions to obtain a Landlord's Estoppel in respect of its property in Richmond, California.
Landlord's Estoppel. If Tenant is required by an unaffiliated third party to produce an estoppel certificate, Landlord shall, within thirty (30) days after Tenant's request, execute and deliver to Tenant an estoppel certificate in favor of Tenant and such other persons as Tenant shall reasonably request, setting forth the following: (a) the Commencement Date and the Expiration Date; (b) that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated); (c) that all conditions under this Lease to be performed by Tenant have, to Landlord's knowledge, been satisfied, or, in the alternative, those claimed by Landlord to be unsatisfied; (d) that, to Landlord's knowledge, no defenses or offsets exist against the enforcement of this Lease by Landlord, or in the alternative, those claimed by Landlord; (e) that the amount of advance Rent, if any (or none if such is the case), has been paid by Tenant; (f) the date to which rent has been paid; and 29 (g) such other information as Tenant may reasonably request.
Landlord's Estoppel. Upon not less than ten (10) days’ prior written request by Tenant, not to be made more than one time in any 12-month period, to execute, acknowledge and deliver to Tenant a statement in writing, in such commercially reasonable form as Tenant may request, certifying the following: (i) that this Lease is unmodified and in full force and effect, (ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder, and if so, the dates to which they have been paid, (iii) to Landlord’s actual knowledge, whether or not Tenant is in default in performance of any of the terms of this Lease, (iv) whether Landlord has made any claim against Tenant under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (v) such further factual information with respect to the Lease or the Premises as Tenant may reasonably request. If Landlord fails to deliver the estoppel certificate within the required time period, and such failure continues for an additional five (5) days following a second written request from Tenant, captioned “SECOND REQUEST FOR ESTOPPEL CERTIFICATE”, advising Landlord that it shall be obligated to pay to Tenant, as Additional Rent within twenty (20) days of demand, a fee in the amount of $500.00 per day for each day that Landlord fails to deliver the requested estoppel in the period beginning on the day after the expiration of the additional 5-day period, and ending on the day Landlord actually delivers the estoppel.
Landlord's Estoppel. Landlord hereby certifies, represents and warrants to New Tenant that:
(a) Landlord is the landlord under the Lease, which Lease is in full force and effect and has not been amended or modified prior to the Assignment Date, and the copy of the Lease attached hereto as Exhibit A is a true, correct and complete copy of the Lease. There are no agreements, other than the Lease, between Landlord and Tenant with respect to the Lease, the Premises, the Project or the real estate of which the same forms a part, that would be binding on New Tenant or New Tenant’s rights and privileges under the Lease after the Assignment Date.
(b) Prior to the date hereof, Landlord has delivered to New Tenant true, accurate and complete copies of the Ground Lease and the Development Rights Agreement which are in full force and effect and have not been amended or modified prior to the Assignment Date. As of the date hereof, Landlord has not been able to locate a copy of the Cost Sharing Agreement, but will provide a copy to Tenant if and when it is able to locate the same.
(c) Landlord is the ground lessee of the Project under the Ground Lease and its leasehold interest is not currently subject to any mortgages or similar security instruments. To Landlord’s knowledge it has satisfied its construction obligations under Section 5 (Construction of the Initial Improvements) under the Ground Lease and no Event of Default (as defined under the Ground Lease) by Landlord exists as of the date hereof or will exist as of the Assignment Date.
(d) There are no events or conditions existing, which, with notice or the lapse of time or both, could constitute a monetary or other material default of the “Landlord” or, to the knowledge of Landlord, the “Tenant” under the Lease.
(e) There is no claim, suit, litigation, proceeding or action filed against Landlord or, to Landlord’s knowledge, threatened in a writing received by Landlord that relates to the Project, the Lease and/or the use or ownership thereof.
(f) To Landlord’s knowledge, the representations of Tenant in Section 8(c), (d), (e) or (f) above are true, complete or not misleading in any way.
Landlord's Estoppel. Landlord shall, at any time and from time to time, upon not less than fifteen (15) days' prior written request by Tenant, execute, acknowledge, and deliver to or as directed by Tenant a statement in writing, executed by a duly-authorized representative of Landlord and addressed to Tenant or to any party designated by Tenant, certifying as follows: (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications, stating that this Lease is in full force and effect as modified, and identifying all such modifications); (b) the dates through which Ground Rent and Other Charges have been paid; (c) that, to the knowledge of the signer of such certificate, Tenant is not in default in the performance of any covenant, agreement, or condition contained in this Lease, or specifying each such default of which the signer may have knowledge; and (d) such other reasonable and pertinent information with respect to this Lease or the Premises as Tenant may request. Any statement delivered pursuant to this Section 22.02 may be relied upon by Tenant and by any actual or prospective holder of a Leasehold Mortgage for the veracity of the information set forth therein.
Landlord's Estoppel. Landlord agrees, at any time and from time to time, upon not less than 10 days prior written notice from Tenant and not more than twice during any calendar year, to execute, acknowledge and deliver to Tenant, or its designee, a statement in writing certifying items (i), (ii), (iii) and (iv) as in Section 45.01 provided, except that “Landlord” shall be substituted for “Tenant”, and vice versa, in items (iii) and (iv).
Landlord's Estoppel. Within fifteen (15) days following receipt of a written request from Tenant, Landlord shall execute and deliver to Tenant a commercially reasonable estoppel certificate certifying (i) that this Lease is in full force and effect and unmodified or stating the nature of any modification, (ii) the date to which rent has been paid, (iii) that there are not, to Landlord's knowledge, any uncured defaults or specifying such defaults if any are claimed, and (iv) any other matters or state of facts reasonably required respecting the Lease, it being intended that any such statement delivered pursuant hereto may be relied upon by Tenant, any mortgagee of Tenant, and by any assignee or sublessee of the Leased Premises.
Landlord's Estoppel. Landlord hereby certifies and acknowledges to Tenant that, as of the date of mutual execution of this Second Amendment, to Landlord’s actual knowledge without duty of investigation or inquiry, (i) Tenant is not in default under the Lease; (ii) Landlord does not have any defenses to its obligations under the Lease; and (iii) Landlord is holding the L-C in the amount of $9,000,000.00. Landlord acknowledges and agrees that: (A) the certifications and acknowledgments herein set forth constitute a material consideration to Tenant in entering into this Second Amendment; (B) such certifications and acknowledgments are being made by Landlord for purposes of inducing Tenant to enter into this Second Amendment; and (C) Tenant is relying on such certifications and acknowledgments in entering into this Second Amendment. As used in this Second Amendment, “Landlord’s actual knowledge without duty of investigation or inquiry” shall mean and refer to the actual knowledge without duty of investigation or inquiry of Xxx Xx, the asset manager of the Building, and, as of the date of mutual execution of this Second Amendment, Landlord hereby represents and warrants to Tenant that Xxx Xx is the asset manager of the Building and has a job description that requires knowledge of matters and information related Certain information marked as [***] has been excluded from this exhibit because it is both (i) not material and (ii) is the type that the Registrant treats as private or confidential. to the Lease.
