TENANT ESTOPPEL CERTIFICATE. Please refer to the documents described in Schedule 1 hereto, (the “Lease Documents”) including the “Lease” therein described; all defined terms in this Certificate shall have the same meanings as set forth in the Lease unless otherwise expressly set forth herein. The undersigned Tenant hereby certifies that it is the tenant under the Lease. Tenant hereby further acknowledges that it has been advised that the Lease may be collaterally assigned in connection with a proposed financing secured by the Property and/or may be assigned in connection with a sale of the Property and certifies both to Landlord and to any and all prospective mortgagees and purchasers of the Property, including any trustee on behalf of any holders of notes or other similar instruments, any holders from time to time of such notes or other instruments, and their respective successors and assigns (the “Beneficiaries”) that as of the date hereof:
TENANT ESTOPPEL CERTIFICATE. Tenant will execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord’s agent within 3 days after its receipt. Failure to comply with this agreement will be deemed Tenant’s acknowledgement that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
TENANT ESTOPPEL CERTIFICATE. Tenant shall at any time during the term of this Lease, within 10 business days of written notice from Landlord, execute and deliver to Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification. Tenant’s statement shall include other details requested by Landlord, such as the date to which Rent and other charges are paid, Tenant’s knowledge concerning any uncured defaults with respect to Landlord’s obligations under this Lease and the nature of such defaults if they are claimed, and such other matters as Landlord may reasonably request. Any such statement may be relied upon conclusively by any purchaser or lender having an interest in the Premises. Tenant’s failure to deliver such statements within such time shall be conclusive upon the Tenant that this Lease is in full force and effect, except as and to the extent any modification has been represented by Landlord, and that there are no uncured defaults in Landlord’s performance, and that not more than 1 month’s Rent has been paid in advance.
TENANT ESTOPPEL CERTIFICATE. Within ten (10) business days following a request in writing by Landlord, Tenant shall execute, acknowledge and deliver to Landlord an estoppel certificate, which, as submitted by Landlord, shall be substantially in the form of Exhibit E, attached hereto (or such other commercially reasonable form as may be required by any prospective mortgagee or purchaser of the Project, or any portion thereof), indicating therein any exceptions thereto that may exist at that time, and shall also contain any other factual information regarding the Premises of this Lease reasonably requested by Landlord or Landlord's mortgagee or prospective mortgagee. Any such certificate may be relied upon by any prospective mortgagee or purchaser of all or any portion of the Project. At any time during the Lease Term, Landlord may require Tenant to provide Landlord with a current financial statement and financial statements of the two (2) years prior to the current financial statement year. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Notwithstanding the foregoing, for any year during which (i) stock in the entity which constitutes Tenant under this Lease (as opposed to an entity that controls Tenant or is otherwise an affiliate of Tenant) is publicly traded on NASDAQ or a national stock exchange, and (ii) Tenant has its own, separate and distinct 10K and 10Q filing requirements (as opposed joint or cumulative filings with an entity that controls Tenant or with entities which are otherwise affiliates of Tenant), then Tenant's obligation to provide Landlord with a copy of its financial statements for any such year shall be deemed satisfied. Failure of Tenant to timely execute, acknowledge and deliver such estoppel certificate (or provide written comments to any proposed certificate delivered by Landlord) within a two (2) business day period following the receipt of Landlord’s second written request therefor shall constitute an acceptance of the Premises and an acknowledgment by Tenant that statements included in the estoppel certificate are true and correct, without exception.
TENANT ESTOPPEL CERTIFICATE. At least five (5) days prior to --------------------------- expiration of the Inspection Period, Seller shall obtain and deliver to Purchaser a fully completed estoppel certificate with respect to the Lease in substantially the form of Exhibit "B" (the "Tenant Estoppel ----------- Certificate"), duly executed by the Tenant thereunder. The Tenant Estoppel Certificate shall be executed as of a date not more than thirty (30) days prior to Closing.
TENANT ESTOPPEL CERTIFICATE. From time to time, within seven (7) days next following Owner's request, Tenant shall deliver to Owner a written statement executed and acknowledged by Tenant, in form satisfactory to Owner, (i) stating that this Lease is then in full force and effect and has not been modified (or if modified, setting forth the specific nature of all modifications), and (ii) setting forth the date to which the Fixed Rent has been paid, and (iii) stating whether or not, to the best knowledge of Tenant, Owner is in default under this Lease, and, if Owner is in default, setting forth the specific nature of all such defaults and (iv) stating that Tenant has accepted and occupied the Demised Premises and all improvements required to be made by Owner pursuant to the provisions of this Lease, have been made, if such be the case. Tenant acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser or owner of the Building, or of the Real Property, or any part thereof, or of Owner's interest in the Building or the Real Property or any Superior Lease, or by the holder of any Mortgage, or by any assignee of the holder of any Mortgage, or by any lessor under any Superior Lease.
TENANT ESTOPPEL CERTIFICATE. Tenant shall execute and return, from time to time, a tenant estoppel certificate delivered to Tenant by Landlord, containing such information regarding this Lease and the Premises as Landlord may request, within five
TENANT ESTOPPEL CERTIFICATE. Seller shall obtain and deliver to Purchaser a tenant estoppel certificate, substantially one of the forms attached hereto as EXHIBIT F and EXHIBIT F-l, from (i) each Major Tenant and (ii) eighty percent (80%) of the remaining tenants under the remaining Leases (each of the foregoing a "REQUIRED TENANT ESTOPPEL CERTIFICATE"); provided, however, that within fifteen (15) days of the Effective Date, Purchaser shall designate one of the two forms as the form on which such tenant estoppel certificates shall be obtained and Seller shall be permitted to extend the Closing Date by the corresponding number of days in order to obtain the Required Tenant Estoppel Certificates. Additionally, to the extent requested, Seller shall deliver to the applicable Tenants and use reasonable efforts to obtain and deliver to PURCHASE AND SALE AGREEMENT (XXXXX XXXX) DALLAS/200403 Purchaser any subordination, non-disturbance and attornment agreement requested by Purchaser's lender. If, for any reason, Seller does not obtain any Required Tenant Estoppel Certificate, other than one for a Major Tenant, then Seller may, if it so elects, provide a Seller Estoppel Certificate similar to the Required Tenant Estoppel Certificate for the applicable tenant instead of furnishing such Required Tenant Estoppel Certificate at Closing; provided, however, that Seller shall continue to use commercially reasonable efforts to obtain the applicable Required Tenant Estoppel Certificate through the Closing Date. In the event that Seller believes that a Required Tenant Estoppel Certificate is not obtainable with commercially reasonable efforts and does not elect to provide a Seller Estoppel Certificate, if permitted above, for the applicable tenant at Closing, the Purchaser may, as its sole and exclusive remedy, either (i) waive the defect or shortcoming and close the transaction contemplated by this Agreement, or (ii) terminate this Agreement, whereupon the Contract Deposit shall be delivered to Purchaser and neither Seller nor Purchaser will have any further rights or obligations under this Agreement, except for Purchaser's indemnity, repair and other obligations that by their terms survive the termination of this Agreement. Notwithstanding the foregoing, if Seller notifies Purchaser, in writing, that it believes that a Required Tenant Estoppel Certificate is not obtainable with commercially reasonable efforts, and that it will not furnish a Seller Estoppel Certificate for such tenant, as the case may ...
TENANT ESTOPPEL CERTIFICATE. An estoppel certificate executed by a Tenant substantially in the form attached hereto as Exhibit M or the form required by the particular Tenant’s Lease.
TENANT ESTOPPEL CERTIFICATE. Seller shall use commercially reasonable efforts to obtain and deliver to Purchaser prior to Closing an original written Tenant Estoppel Certificate signed by Tenant as provided for in Section 6.1(g).
