Required Estoppels. At least one (1) Business Day prior to the Closing Date, Seller shall have obtained and delivered to Purchaser a Lease Certificate duly executed by or on behalf of, (a) Wachovia Securities Financial Holdings, LLC trading as Wachovia Bank, N.A., Hunton & Wxxxxxxx LLP and LxXxxxx Xxxx, and (b) other tenants under Leases at the Property covering fifty percent (50%) of the remaining rentable office and retail square footage of the Improvements that are subject to Leases as of the Closing, exclusive of the rentable office and retail square footage leased to the tenants set forth in clause (a) of this Section 8.1.2, (i.e., said 50% being equal to 109,781 rentable square feet) (collectively, the “Required Estoppels”). Notwithstanding anything to the contrary contained herein, Purchaser shall not be obligated to accept any Lease Certificate as satisfying the requirements of this Section 8.1.2 (an “Unacceptable Lease Certificate”) which discloses any materially adverse matters that are not disclosed in Seller’s representations and warranties hereunder or in the applicable Leases, and if such Lease Certificate is deemed to be an Unacceptable Lease Certificate, the same shall not apply to the satisfaction of the condition to Closing set forth in this Section 8.1.2; provided, however, that the foregoing shall not limit Seller’s right to deliver a Seller’s Estoppel Statement pursuant to Section 8.3.2 of this Agreement in lieu of any Unacceptable Lease Certificate. In any Lease Certificate, other than any Lease Certificate relating to a Major Listed Tenant, any omission, qualification or limitation of or to the statement set forth in paragraph 17 of the form of certificate attached as Exhibit E-1, shall not cause a Lease Certificate to be deemed an Unacceptable Lease Certificate.
Required Estoppels. At or before the Closing, and as a condition to Purchaser's obligation to close, the Sellers shall cause Owner (and/or VCR, as applicable) to deliver to Purchaser the following estoppel letters:
Required Estoppels. At or before the Closing Equitable shall deliver to Purchaser the following estoppel letters: 17.1.1 estoppel letters from all Anchors which are parties to Operating Agreements, such estoppel letters to be in substantially the form annexed hereto as Exhibit U; provided, however, that if any Operating Agreement provides for the form or content of an estoppel letter, Purchaser shall accept an estoppel letter as called for therein if an Anchor refuses to execute one in the form annexed hereto as Exhibit U after being requested to do so by Equitable; 17.1.2 estoppel letters from (i) all Anchors which are Tenants under Leases, if any, and (ii) from 70% of all other Tenants at each Mall (other than Tenants under Leases consisting of licenses and concession agreements which have terms, including any rights to renew or extend, not in excess of six (6) months), such estoppel letters to be in substantially the form annexed hereto as Exhibit V; provided, however, that if any Lease provides for the form or content of an estoppel letter, Purchaser shall accept an estoppel letter as called for therein 52 if any Tenant refuses to execute one in the form annexed hereto as Exhibit V after being requested to do so by Equitable; and 17.1.3 estoppel letters from the lessors under the Ground Leases listed in paragraphs 1 and 3 of Exhibit C annexed hereto, such estoppel letters to be in substantially the form annexed hereto as Exhibit AA or in the form, if any, provided for in the applicable Ground Lease. 17.2
Required Estoppels. At or before the Closing Equitable shall deliver to Purchaser the following estoppel letters:
Required Estoppels. Buyer's obligation to consummate the Closing hereunder shall be conditioned upon its receipt on or before the expiration of the Due Diligence Period (as the same may be extended) of the following estoppel letters (the "Required Estoppel Letters"), addressed to Seller and Buyer (the failure of which condition will entitle Buyer at its option to terminate this Agreement and receive an immediate refund of the Deposit):
Required Estoppels a. The following Section 5.7 is hereby added immediately after Section 5.6 of the Agreement and the existing Section 5.7 is hereby renumbered to Section 5.8:
Required Estoppels. (r) Notices to all of the Tenants executed by Seller notifying the Tenants of the purchase and sale in the form attached hereto as EXHIBIT T. Delivery by Seller of all items relating to the operation, management and leasing of the Real Property shall be made by leaving such items at the Real Property provided Seller acknowledges receipt thereof.
Required Estoppels. 79 17.2 The Sellers' Estoppels ..................................... 80 17.3 Variance between Estoppels and Forms Annexed as Exhibits ... 81 17.4 All Estoppels to be Delivered .............................. 82 Page ---- 18. Notices ............................................................... 82
Required Estoppels. Transferees' obligation to consummate the Closing hereunder shall be conditioned upon its receipt of the following estoppel letters, each to be dated no earlier than June 9, 1998 (the "Required Estoppel Letters"):
Required Estoppels. Purchaser shall have received the Required Estoppels; provided that if all Required Estoppels have not been received by Purchaser, Seller shall have the right, but not the obligation, to postpone the Closing for up to thirty (30) days to obtain any missing Required Estoppel.
