Common use of OFFSET STATEMENT Clause in Contracts

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect for, 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, security deposit, 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, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances of the premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Esterline Technologies Corp)

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OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect for(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, security deposit, deposit 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, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances encumbrancer of the premisesPremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Larscom Inc)

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' days prior written notice from Landlord execute, acknowledge and deliver to Landlord a written offset statement. Such statement in writing (i) certifying shall certify that this Lease is unmodified and in full force and effect for, or if modified, stating states the nature of such modification and certifying modifications. Such statement shall certify that this Lease, as so modified, Lease is in full force and effect and effect, the date to which the rent, security deposit, deposit and other charges are paid in advance, if any, and (ii) acknowledging at all. Such statement shall acknowledge that there are not, to Tenant's knowledge, any uncured defaults on the part pert of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances encmbrancer of the premisesPremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance performance, and (iii) that not more than then one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' years financial statements statement of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Healthcentral Com)

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' days prior written notice from Landlord Landlord, execute, acknowledge acknowledge, and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect for(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, security deposit, 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 hereunderunder this Lease, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances encumbrancer of the premisesPremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance performance, and (iii) that not more than one (1) month's months rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereofof the Premises, Tenant hereby agrees to deliver to any lender designated by Landlord such copies of any and all financial statements of Tenant filed with the Securities and Exchange Commission as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forthforth in this Lease.

Appears in 1 contract

Samples: Gross Lease Agreement (Us Global Aerospace Inc)

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord Landlord, execute, acknowledge and deliver to Landlord a statement in writing (i) certifying certify that this Lease is unmodified and in full force and effect for(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, security deposit, and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's ’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances of the premises.Premises. INDUSTRIAL LEASE - 10 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____ (b) Tenant's ’s failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance ’s performance, and (iii) that not more than one (1) month's ’s rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' years financial statements of Tenant. All such financial statements statement shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Arcimoto Inc)

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect for(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, security deposit, 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, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances encumbrancer of the premisesPremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Rockford Corp)

OFFSET STATEMENT. (a) Tenant shall shall, at any time, from time upon not less than ten (10) days' prior to time and within 10 days after receipt of written notice from Landlord Landlord, execute, acknowledge and deliver to Landlord a statement in writing in a form provided by Landlord (i) certifying that this Lease is unmodified and in full force and effect for(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 dates to which the monthly minimum rent, security deposit, percentage rent and other additional rent charges are paid in advance, if any, and (ii) verifying the commencement and termination dates of this Lease, (iii) acknowledging that there are not, to the best of Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which as are claimed, and (iv) that Tenant has paid to Landlord the security deposit set forth in this Lease. Any such statement may be conclusively stated maybe relied upon by any prospective purchaser or encumbrances encumbrance of the premisesPremises or of all or any portion of the Shopping Center in which the Premises are situated. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, and that not more than one month's monthly minimum rent has been paid in advance, (ii) that the commencement and termination dates of this Lease are as represented by Landlord, (iii) that there are no uncured defaults in Landlord's performance performance, and (iiiiv) that not more than one (1) month's rent Tenant has been paid to Landlord the security deposit set forth in advancethis Lease. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Shopping Center Lease (BSM Bancorp)

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OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect for(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, security deposit, 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, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances encumbrancer of the premisesPremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' , financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Industrial Data Systems Corp)

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect for, 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, security deposit, and other charges are paid in advance, if any, any and (iib) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances of the premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

Appears in 1 contract

Samples: Industrial Lease (Esterline Technologies Corp)

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than within ten (10) days' prior days of receipt of a written notice request from Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying (i) certifying that this Lease is unmodified (or, if modified, the nature of such modification) and in full force and effect foreffect, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and (ii) the date to which the rent, security deposit, and other charges are paid in advance, if any, and (iiiii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, (or specifying such defaults, if any, which are claimed). Any such statement may be conclusively relied upon by any prospective purchaser or encumbrances encumbrancer of the premises.Premises. EXHIBIT 10.29 (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to shall deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth. Tenant's unreasonable refusal to comply with any reasonable request as provided in this Article shall be deemed a breach of this Lease by Tenant. In the event of such a breach, Tenant shall pay to Landlord al costs incurred by Landlord in Landlord's effort to obtain compliance, including attorney's fees, and all other damages resulting from the breach.

Appears in 1 contract

Samples: Lease (Three Five Systems Inc)

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