Status of Lease. Lessor warrants and represents that: (1) Lessor is the current Lessor under the Lease. To the best of Lessor’s knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s knowledge, there has been no default thereunder on the part of Lessee nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. To the best of Lessor’s knowledge, there exist no defenses or offsets to enforcement of the Lease by Xxxxxx. (2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained. (3) To the best of Lessor’s knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 3 contracts
Samples: Lease Rider Agreement, Ground Lease, Lease Rider Agreement (Tax Credits)
Status of Lease. Lessor warrants and represents that:
(1) Lessor is the current Lessor under the Lease. To the best of Lessor’s knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s knowledge, there has been no default thereunder on the part of Lessee nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. To the best of Lessor’s knowledge, there exist no defenses or offsets to enforcement of the Lease by XxxxxxLessee. [Optional, if applicable: Pursuant to the terms of the Lease, Lessor has waived its right to terminate the Lease during the Compliance Period (as defined in the Lease) for a non-monetary default by Lessee without the prior written consent and approval of the Tax Credit Partner and the Senior Lenders.]
(2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained.
(3) To the best of Lessor’s knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 3 contracts
Samples: Lease Rider Agreement, Lease Rider Agreement, Lease Rider Agreement
Status of Lease. Lessor warrants and represents that:
(1) Lessor is the current Lessor under the Lease. To the best of Lessor’s knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s knowledge, there has been no default thereunder on the part of Lessee nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. To the best of Lessor’s knowledge, there exist no defenses or offsets to enforcement of the Lease by Xxxxxx. [Optional, if applicable: Pursuant to the terms of the Lease, Lessor has waived its right to terminate the Lease during the Compliance Period (as defined in the Lease) for a non-monetary default by Lessee without the prior written consent and approval of the Tax Credit Partner and the Senior Lenders.]
(2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained.
(3) To the best of Lessor’s knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 2 contracts
Samples: Lease Rider Agreement, Lease Rider Agreement
Status of Lease. Lessor warrants and represents that:
(1) Lessor is the current Lessor under the Lease. To the best of Lessor’s 's knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s 's knowledge, there has been no default thereunder on the part of Lessee nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. To the best of Lessor’s 's knowledge, there exist no defenses or offsets to enforcement of the Lease by Xxxxxx.
(2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained.
(3) To the best of Lessor’s 's knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 1 contract
Samples: Lease Rider Agreement
Status of Lease. Lessor warrants and represents that:
(1) Lessor is the current Lessor under the Lease. To the best of Lessor’s knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s knowledge, there has been no default thereunder on the part of Lessee nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. To the best of Lessor’s knowledge, there exist no defenses or offsets to enforcement of the Lease by XxxxxxLessee.
(2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained.
(3) To the best of Lessor’s knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 1 contract
Samples: Lease Rider Agreement
Status of Lease. Lessor warrants and represents thatAs of the date hereof:
(1) Lessor is the current Lessor under the Lease. To the best of Lessor’s knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured a default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s knowledge, there has been no default thereunder on the part of Lessee Lessee, nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. There To the best of Lessor’s knowledge, there exist no defenses or offsets to enforcement of the Lease by XxxxxxLessee.
(2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained.
(3) To the best of Lessor’s knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 1 contract
Samples: Lease Rider and Estoppel Agreement
Status of Lease. Lessor warrants and represents that:
(1) Lessor is the current Lessor under the Lease. To the best of Lessor’s knowledge, the Lease is in full force, the Lease is not void, voidable or terminable as of the date hereof without an uncured default by Lessee except pursuant to Section 5 at the option of any party thereto or of any other person or entity claiming an interest in or to such Lease or the Development, and to the best of Lessor’s knowledge, there has been no default thereunder on the part of Lessee nor has any event occurred which, with the giving of notice or the passage of time, or both, would be an event of default thereunder. Lessor has not given notice of any violation under the Lease to Lessee. Lessor has not been informed of and has not otherwise received notice from Lessee or from any other person or entity concerning any alleged default on the part of Lessor under the Lease. To the best of Lessor’s knowledge, there exist no defenses or offsets to enforcement of the Lease by XxxxxxLessee. [Optional, if applicable: Pursuant to the terms of the Lease, Lessor has waived its right to terminate the Lease during the Compliance Period (as defined in the Lease) for a non- monetary default by Lessee without the prior written consent and approval of the Tax Credit Partner and the Senior Lenders.]
(2) Any consent or approval of any third party (including any lender or government agency) that is required in order for Lessor to deliver this Lease Rider Agreement has been obtained.
(3) To the best of Lessor’s knowledge, no alterations, improvements or additions now exist on the Property that have not been approved by the Lessor.
Appears in 1 contract
Samples: Lease Rider Agreement