Common use of Tenant Certificates Clause in Contracts

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party.

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days Business Days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. , At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party, if any term in any certificate conflicts with the terms of this Lease, the terms of this Lease shall govern.

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days Business Days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due after receipt of a second five (5) Business Day notice shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party.

Tenant Certificates. Tenant, at any time and from time to time within ten fifteen (1015) business days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date, the Rent Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party.

Tenant Certificates. Tenant, at At any time and from time to time within ten time, upon not less than twenty (1020) business days after receipt of written days’ Notice by Landlord which notice from Landlordshall make specific reference to this Section 22.1, Tenant shall execute, acknowledge and deliver furnish to Landlord or to the Facility Mortgagees and to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, persons intending to purchase the best of Tenant’s knowledge: (a) that Tenant has accepted Facilities or to lease the Premises, (b) Facilities at the Commencement Date and Expiration Date termination or expiration of this Lease, Lease an estoppel certificate (cwhich shall be an Officer’s Certificate) certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, or that same this Lease is in full force and effect as modified and stating setting forth the modifications), (d) whether or not there are then existing any defenses against ; the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, date to which the Base Rent and Operating Expenses have has been paid; whether, to Tenant’s actual knowledge and (g) belief, there exists any other factual information relating to Event of Default or any situation which, with the rights and obligations under this Lease that may reasonably be required by any giving of such persons. Failure to deliver such certificate when due shall notice, passage of time, or both, would constitute an Event of DefaultDefault hereunder, whether Tenant contends that Landlord is in default hereunder, and if Tenant so contends, the basis for such contention, the date upon which the Term terminates and such other information (which can be provided within twenty (20) days) as Landlord reasonably may request. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure The failure by either Landlord or Tenant to execute, acknowledge and deliver such estoppel certificate to Landlord within twenty (20) days of Landlord’s request therefor shall be conclusive evidence conclusively deemed to be Tenant’s certification (i) that this Lease is in full force and effect and has not been modified effect, without modification except as represented by Landlord; (ii) that there are no uncured defaults in Landlord’s performance hereunder, (iii) that not more than one month’s Rent has been paid in advance; and (iv) that all reports previously given to Landlord are true and correct. Any such certificate furnished pursuant to this Section 22.1 shall be addressed to Landlord and to any prospective purchaser or tenant of the Property and/or any Facility Mortgagee, as Landlord may request, and may be represented relied upon by the requesting partyparties to whom such certificate is addressed.

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days Business Days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing known to exist any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing known to exist any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses Additional Rent have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party. If any term in any certificate conflicts with the terms of this Lease, the terms of this Lease shall govern.

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party reasonably designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s 's knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date, the Rent Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party.

Tenant Certificates. Tenant, at At any time and from time to time within ten time, upon not less than twenty (1020) business days after receipt of written Notice by Landlord which notice from Landlordshall make specific reference to this Section 22.1, Tenant shall execute, acknowledge and deliver furnish to Landlord or to Landlord’s lenders and to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, persons intending to purchase the best of Tenant’s knowledge: (a) that Tenant has accepted Facility or to lease the Premises, (b) Facility at the Commencement Date and Expiration Date termination or expiration of this Lease, Lease an estoppel certificate (cwhich shall be an Officer’s Certificate) certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, or that same this Lease is in full force and effect as modified and stating setting forth the modifications), (d) whether or not there are then existing any defenses against ; the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, date to which the Base Rent and Operating Expenses have has been paid; whether, to Tenant’s actual knowledge and (g) belief, there exists any other factual information relating to Event of Default or any situation which, with the rights and obligations under this Lease that may reasonably be required by any giving of such persons. Failure to deliver such certificate when due shall notice, passage of time, or both, would constitute an Event of DefaultDefault hereunder, whether Tenant contends that Landlord is in default hereunder, and if Tenant so contends, the basis for such contention, the date upon which the Term terminates and such other information (which can be provided within twenty (20) days) as Landlord reasonably may request including, but not limited to, matters relating to operations of the Facility. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure The failure by either Landlord or Tenant to execute, acknowledge and deliver such estoppel certificate to Landlord within twenty (20) days of Landlord’s request therefor shall be conclusive evidence conclusively deemed to be Tenant’s certification (i) that this Lease is in full force and effect and has not been modified effect, without modification except as represented by Landlord; (ii) that there are no uncured defaults in Landlord’s performance hereunder, (iii) that not more than one month’s Rent has been paid in advance; and (iv) that all reports previously given to Landlord are true and correct. Any such certificate furnished pursuant to this Section 22.1 shall be addressed to Landlord and to any prospective purchaser or tenant of the Property and/or any Facility Mortgagee, as Landlord may request, and may be represented relied upon by the requesting partyparties to whom such certificate is addressed.

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any potential purchaser, lender, auditor or any other party with an interest or potential interest in the Premises designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated)Landlord, a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date, the Rent Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party. Delivery of such a certificate by Tenant shall not constitute a waiver of any known default of Landlord as to Landlord, but not as to any other party receiving the estoppel.

Tenant Certificates. Tenant, at any time and from time to time within ten (10) business days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenant’s knowledge, if true: (a) that Tenant has accepted the Premises, (b) the Commencement Date, the Rent Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party.

Tenant Certificates. Tenant, at any time and from time to time within ten fifteen (1015) business days after receipt of written notice from Landlord, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, or ground lessees and others similarly situated)lessees, a certificate of Tenant stating, to the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date, the Rent Commencement Date and Expiration Date of this Lease, (c) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified except as may be represented by the requesting party.

Tenant Certificates. Recognizing that Landlord may find it necessary to establish to third parties, such as accountants, banks, and mortgagees, and prospective purchasers, the then current status of performance hereunder, Tenant, at any time and on the written request of Landlord made from time to time within ten (10) business days after receipt of written notice from Landlordtome, shall execute, acknowledge and deliver to Landlord or to any party designated by Landlord (including prospective lenders, purchasers, ground lessees and others similarly situated), promptly furnish a certificate of Tenant stating, to written declaration on the best of Tenant’s knowledge: (a) that Tenant has accepted the Premises, (b) the Commencement Date and Expiration Date status of this Lease, consisting of statements: (ci) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that same is in full force and effect as modified and stating the modifications), (d) whether or not there are then existing any defenses against the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, to which the Base Rent and Operating Expenses have been paid, and (g) any other factual information relating to the rights and obligations under this Lease that may reasonably be required by any of such persons. Failure to deliver such certificate when due shall constitute an Event of Default. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure by either Landlord or Tenant to execute, acknowledge and deliver such certificate shall be conclusive evidence that this Lease is in full force and effect and has not been modified assigned, modified, supplemented or amended (except as may be represented stated); (ii) of the date through which rentals have been paid and amount thereof and, if requested by Landlord, that rent will not thenceforth be paid more than a given number of days in advance of the requesting partydate due; (iii) of the dates of commencement and termination of this Lease; (iv) that no default, or state of facts, which with the passage of time or notice would constitute a default, exists on the part of either party hereto (except as may be stated); (v) that there are no defenses or offsets against the enforcement of this Lease by Landlord (or stating those claimed by Tenant); (vi) the amount of any security deposit which may have been posted by Tenant with Landlord; and (vii) such other information as may be reasonably requested. Each such statement shall be certified to Landlord and to any mortgagee, assignee, purchaser or any other person specified by Landlord. If Tenant shall fail to execute and deliver any such certificate or instrument within ten days after a request therefor, Tenant hereby irrevocably appoints and constitutes Landlord as Tenant's agent and attorney-in-fact for the purpose of executing and delivering any such certificates and instruments for and on behalf of Tenant.

Tenant Certificates. Tenant, at At any time and from time to time within ten time, upon not less than twenty (1020) business days after receipt of written days’ Notice by Landlord which notice from Landlordshall make specific reference to this Section 22.1, Tenant shall execute, acknowledge and deliver furnish to Landlord or to the Facility Mortgagees (or any party designated by Landlord potential Facility Mortgagees) and to any persons intending to purchase the Facilities an estoppel certificate (including prospective lenders, purchasers, ground lessees and others similarly situated), a certificate of Tenant stating, to the best of Tenantwhich shall be an Officer’s knowledge: (aCertificate) that Tenant has accepted the Premises, (b) the Commencement Date and Expiration Date of this Lease, (c) certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, or that same this Lease is in full force and effect as modified and stating setting forth the modifications), (d) whether or not there are then existing any defenses against ; the enforcement of any of the obligations of Tenant under this Lease (and, if so, specifying same), (e) whether or not there are then existing any defaults by Landlord in the performance of its obligations under this Lease (and, if so, specifying same), (f) the dates, if any, date to which the Base Rent and Operating Expenses have has been paid; whether, and (g) to Tenant’s knowledge, there exists any other factual information relating to Event of Default or any situation which, with the rights and obligations under this Lease that may reasonably be required by any giving of such persons. Failure to deliver such certificate when due shall notice, passage of time, or both, would constitute an Event of DefaultDefault hereunder, whether Tenant has knowledge of any default by Landlord hereunder, and if so, the basis for same, the date upon which the Term terminates and such other information (which can be provided within twenty (20) days) as Landlord reasonably may request. At the request of Tenant, Landlord shall execute, acknowledge and deliver to Tenant a certificate with similar types of information and in the time period set forth above. Failure The failure by either Landlord or Tenant to execute, acknowledge and deliver such estoppel certificate to Landlord within twenty (20) days of Landlord’s request therefor shall be conclusive evidence conclusively deemed to be Tenant’s certification (i) that this Lease is in full force and effect and has not been modified effect, without modification except as represented by Landlord; (ii) that there are no uncured defaults in Landlord’s performance hereunder; and (iii) that not more than one month’s Rent has been paid in advance. Any such certificate furnished pursuant to this Section 22.1 shall be addressed to Landlord and to any prospective purchaser or tenant of the Property and/or any Facility Mortgagee (or any potential Facility Mortgagees), as Landlord may reasonably request, and may be represented relied upon by the requesting partyparties to whom such certificate is addressed.