Common use of Tenant Estoppel Certificates Clause in Contracts

Tenant Estoppel Certificates. Tenant agrees, within ten (10) days after request by Lessor, to deliver to Lessor or Lessor’s designee, including without limitation, the present or any future holder of any mortgage(s) on the Project or the Premises, or any prospective purchaser of the Project or Premises, a written estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect, or if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications; (ii) stating the dates to which the Rent and other charges hereunder have been paid by Tenant; (iii) stating whether or not Lessor is in default in the performance of any Provision of this Lease, and, if so, specifying each such default; (iv) agreeing that Tenant and Lessor will not thereafter modify this Lease without the approval of any mortgagee identified by Lessor; (v) agreeing that, except for any security deposit required herein, Tenant shall not prepay any Rent more than 30 days in advance; and (vi) such other matters relating to this Lease as may reasonably be requested. Any such estoppel certificate delivered pursuant hereto may be relied upon by any owner of the Project, any prospective purchaser of the Project, any mortgagee or prospective mortgagee of the Project or of Lessor’s interest, or any prospective assignee of any such mortgagee. Tenant acknowledges that failure to comply with this Section 32 on a timely basis could result in a loss of a favorable sale or financing and Tenant agrees to be liable for any consequential damages resulting from Tenant’s breach hereunder.

Tenant Estoppel Certificates. Tenant agrees, within ten at any time and from time to time, upon not less than five (105) days after request prior written notice by LessorSublandlord, to execute, acknowledge and deliver to Lessor or Lessor’s designee, including without limitation, the present or any future holder of any mortgage(s) on the Project or the Premises, or any prospective purchaser of the Project or Premises, Sublandlord a written estoppel certificatestatement containing the following information: (ia) certifying certification that this Lease is unmodified and in full force and effect, effect (or if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications; ), (iib) stating a statement regarding the dates to which Tenant has paid the Rent rent and other charges hereunder have been paid by hereunder, (c) a statement as to whether to the best of Tenant; (iii) stating whether or not Lessor ’s knowledge, Sublandlord is in default Default in the performance of any Provision of covenant, agreement or condition contained in this Lease, and, if so, specifying a specification of each such default; Default of which Tenant may have knowledge, (ivd) agreeing that a statement of the amount of monthly rent plus rent increases, if any, (e) a statement of the amount of the security deposit, if any, (f) a statement of the address to which notices to Tenant and Lessor will not thereafter modify this Lease without the approval of any mortgagee identified by Lessor; (v) agreeing that, except for any security deposit required herein, Tenant shall not prepay any Rent more than 30 days in advanceshould be sent; and (vig) such any other matters relating to this Lease as may information reasonably be requestedrequested by Sublandlord. Any such estoppel certificate statement delivered pursuant hereto may be relied upon by any owner of the ProjectBuilding, any prospective purchaser of the ProjectBuilding, and any mortgagee present or prospective mortgagee mortgagee, deed of trust holder or trustee for bond holders with respect to the Project Building or of LessorSublandlord’s interest. If Tenant fails to furnish an Estoppel Certificate within ten business days (10) days after request therefor, such failure shall be deemed a default hereunder and, moreover, it shall be conclusively presumed that: (a) this Lease is in full force and effect without modification in accordance with the terms set forth in the request; (b) that there are no breaches or any prospective assignee defaults on the part of any such mortgagee. Tenant acknowledges that failure to comply with this Section 32 on a timely basis could result Sublandlord; and (c) no more than one month’s rent has been paid in a loss of a favorable sale or financing and Tenant agrees to be liable for any consequential damages resulting from Tenant’s breach hereunderadvance.

Tenant Estoppel Certificates. Tenant agrees, within ten Within thirty (1030) days after request therefor by Lessor, to deliver to Lessor Landlord or Lessor’s designee, including without limitation, the present or any future holder of any mortgage(s) on the Project or the Premises, Holder or any prospective purchaser of the Project mortgagee or Premisesowner, a written estoppel certificate: Tenant agrees to execute an Estoppel Certificate, binding upon Tenant, certifying (i) certifying that this Lease is unmodified and in full force and effect, effect (or if there have been modifications, a description of such modifications and that the this Lease as modified is in full force and effect as modified and stating the modifications; effect), (ii) stating the dates to which the Rent and other charges hereunder have has been paid by Tenant; paid, (iii) stating whether or not Lessor that Tenant is in the possession of the Premises if that is the case, (iv) that, to Tenant’s knowledge, Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail, (v) that, to Tenant’s knowledge, Tenant has no offsets or defenses to the performance of any Provision of this Lease, and, if so, specifying each such default; (iv) agreeing that Tenant and Lessor will not thereafter modify its obligations under this Lease without the approval of (or if Tenant believes there are any mortgagee identified by Lessor; (v) agreeing thatoffsets or defenses, except for any security deposit required hereinan explanation thereof), Tenant shall not prepay any Rent more than 30 days in advance; and (vi) such other matters relating to this Lease as may reasonably be requested. Any such estoppel certificate delivered pursuant hereto may be relied that if an assignment of rents or leases has been served upon the Tenant by any owner of the Projecta Holder, any prospective purchaser of the Project, any mortgagee or prospective mortgagee of the Project or of Lessor’s interest, or any prospective assignee of any such mortgagee. Tenant acknowledges that failure to comply with this Section 32 on a timely basis could result in a loss of a favorable sale or financing will acknowledge receipt thereof and Tenant agrees agree to be liable for any consequential damages resulting from Tenant’s breach hereunderbound by the provisions thereof, and (vii) that Tenant will give to the Holder copies of all notices required or permitted to be given by Tenant to Landlord. The failure of Tenant to deliver such certificate shall be an Event of Default.

Tenant Estoppel Certificates. Tenant agrees23.1 Upon request, and within ten (10) days Business Days after request written notice given by Lessoror on behalf of Landlord, Tenant shall furnish Landlord with a tenant estoppel certificate signed by Tenant certifying to deliver the best of Tenant’s knowledge as to such matters relating to the then current status of this Lease as may be reasonably requested by Landlord (or any Superior Lessor (as hereinafter defined), Superior Mortgagee (as hereinafter defined), prospective lessor, prospective mortgagee, prospective purchaser or Lessor’s designeeother party), including including, without limitation, the present or any future holder : (A) The Commencement Date and Expiration Date of any mortgage(sthis Lease; (B) on the Project or the Premises, or any prospective purchaser of the Project or Premises, a written estoppel certificate: (i) certifying that That this Lease is unmodified and in full force and effecteffect or, or if there have has been modificationsa modification, that the Lease same is in full force and effect effect, as modified modified, and stating the modifications; such modification; (iiC) stating the dates to which the Rent and other charges hereunder have been paid by Tenant; (iii) stating whether Whether or not Lessor is in default in there are any existing setoffs or defenses against the performance enforcement of any Provision of the terms, covenants and conditions of this Lease, Lease and whether there are any obligations of Landlord or Tenant to be performed or complied with and, if so, specifying each such default; the same; (ivD) agreeing that Tenant The date to which Base Rent, Additional Rent and Lessor will not thereafter modify this Lease without the approval all other charges have been paid; (E) The amount of any mortgagee identified by Lessor; (v) agreeing that, except for any security deposit required herein, Tenant shall not prepay any Rent more than 30 days in advanceor letter of credit hereunder; and and (viF) such Any other matters relating reasonably requested. 23.2 Any statement furnished pursuant to this Lease as may reasonably be requested. Any such estoppel certificate delivered pursuant hereto Section may be relied upon by Landlord (or any owner of the ProjectSuperior Lessor, any Superior Mortgagee, prospective lessor, prospective mortgagee, prospective purchaser or other party). In addition to any other right or remedy Landlord may have, if Tenant fails to execute any tenant estoppel certificate within the time-frame required by this Section, such failure shall be deemed an Event of the ProjectDefault hereunder, any mortgagee or prospective mortgagee of the Project or of Lessor’s interest, or any prospective assignee of any such mortgagee. Tenant acknowledges that failure to comply with this Section 32 on a timely basis could result in a loss of a favorable sale or financing and Tenant agrees shall irrevocably constitute Landlord as its attorney-in-fact to be liable for any consequential damages resulting from execute such instrument in Tenant’s breach hereundername, place and stead, it being agreed that such power is coupled with an interest in Landlord and is accordingly irrevocable.