OFFSET STATEMENT. Either party shall at any time and from time to time within ten (10) days following request from the other party execute, acknowledge and deliver to such requesting party a statement in writing, (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); (ii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed; (iii) if Lessor is the requesting party, certifying the date Lessee entered into occupancy of the Premises and that Lessee is open and conducting business at the Premises; (iv) certifying the date to which Rentals and other charges are paid in advance, if any; (v) certifying the current amount of Base Rent due under the Lease; (vi) if Lessor is the requesting party, evidencing the status of this Lease, as may be required either by a lender making a loan affecting, or a purchaser of, the Premises from Lessor; (vii) if Lessor is the requesting party, warranting that if any beneficiary of any security instrument encumbering the Premises forecloses on the security instrument, such beneficiary shall not be liable for the Security Deposit; (viii) certifying that all improvements to be constructed on the Premises by Lessor are substantially completed, except for any punch list items which do not prevent Lessee from using the Premises for its intended use, if applicable, and (ix) certifying such other matters relating to this Lease and/or the Premises as may be reasonably requested by a lender making a loan to Lessor or a purchaser of the Premises from Lessor. Any such statement may be relied upon by any prospective purchaser, encumbrancer or transferee of all or any portion of the Premises or any interest therein. Lessee shall, within ten (10) days following request of Lessor, deliver such other documents including Lessee’s financial statements as are reasonably requested in connection with the sale of, or loan to be secured by, any portion of the Premises or any interest therein.
Appears in 2 contracts
Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
OFFSET STATEMENT. Either party Lessee shall at any time and from time to time within ---------------- ten (10) days following request from the other party Lessor execute, acknowledge and deliver to such requesting party Lessor a statement in writing, (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); , (ii) acknowledging that there are not, to such party’s Lessee's knowledge, any uncured defaults on the part of the other party Lessor hereunder, or specifying such defaults if any are claimed; , (iii) if Lessor is the requesting party, certifying the date Lessee entered into occupancy of the Premises and that Lessee is open and conducting business at the Premises; , (iv) certifying the date to which Rentals and other charges are paid in advance, if any; , (v) certifying the current amount of Base Rent due under the Lease; (vi) if Lessor is the requesting party, evidencing the status of this Lease, Lease as may be required either by a lender making a loan affecting, affecting or a purchaser ofof the Premises, or part of the Premises Project from Lessor; , (viivi) if Lessor is the requesting party, warranting that if any beneficiary of any security instrument encumbering the Premises forecloses on the security instrument, such beneficiary shall not be liable for the Security Deposit; , (viiivii) certifying that all improvements to be constructed on the Premises by Lessor are substantially completed, except for any punch list items which do not prevent Lessee from using the Premises for its intended use, if applicable, and (ixviii) certifying such other matters relating to this Lease and/or the Premises as may be reasonably requested by a lender making a loan to Lessor or a purchaser of the Premises Premises, or any part of the Project from Lessor. Any such statement may be relied upon by any prospective purchaser, purchaser or encumbrancer or transferee of all or any portion of the Premises Project, or any interest therein. Lessee shall, within ten (10) days following request of Lessor, deliver such other documents including Lessee’s 's financial statements as are reasonably requested in connection with the sale of, or loan to be secured by, any portion of the Premises Project, or any interest therein.
Appears in 2 contracts
Samples: Sublease and Agreement (Inktomi Corp), Office Lease (Inktomi Corp)
OFFSET STATEMENT. Either party Tenant shall at any time and from time to time within ten (10) days following request from the other party Landlord execute, acknowledge and deliver to such requesting party Landlord a statement in writing, (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); (ii) acknowledging that there are not, to such party’s Tenant's knowledge, any uncured defaults on the part of the other party Landlord hereunder, or specifying such defaults if any are claimed; (iii) if Lessor is the requesting party, certifying the date Lessee Tenant entered into occupancy of the Premises and that Lessee Tenant is open and conducting business at the Premises; (iv) certifying the date to which Rentals and other charges are paid in advance, if any; (v) certifying the current amount of Base Rent due under the Lease; (vi) if Lessor is the requesting party, evidencing the status of this Lease, Lease as may be required either by a lender making a loan affecting, affecting or a purchaser of, of the Premises or any part of the Project from LessorLandlord; (vii) if Lessor is the requesting party, warranting that if any beneficiary of any security instrument encumbering the Premises forecloses on the security instrument, such beneficiary shall not be liable for the Security Deposit; (viii) certifying that all improvements to be constructed on the Premises by Lessor Landlord are substantially completed, except for any punch list items which do not prevent Lessee Tenant from using the Premises for its intended use, if applicable, and (ix) certifying such other matters mailers relating to this Lease and/or the Premises as may be reasonably requested by a lender making a loan to Lessor Landlord or a purchaser of the Premises or any part of the Project from LessorLandlord. Any such statement may be relied upon by any prospective purchaser, purchaser or encumbrancer or transferee of all or any portion of the Premises Project or any interest therein. Lessee Tenant shall, within ten (10) days following request of LessorLandlord, deliver such other documents including Lessee’s Tenant's financial statements as are reasonably requested in connection with the sale of, or loan to be secured by, any portion of the Premises Project or any interest therein.
Appears in 1 contract
Samples: Centre Office Lease (QCS Net Corp)