Tenant Estoppel Letters. Buyer's obligation to close hereunder shall be conditioned upon Buyer's receipt, no later than January 25, 1998 ("Estoppel Deadline") of completed tenant estoppel letters, in the form attached hereto as EXHIBIT 9.3, from three of the four tenants occupying space at the Property but one of such letters must be from Marlboro Square Liquors (the "Required Space"). Seller shall direct its management company to send tenant estoppel letters promptly upon full execution of this Agreement to the tenants at the Property. If on or before the Estoppel Deadline Buyer receives estoppel letters substantially in the form of EXHIBIT 9.3 covering the Required Space, then this condition shall be deemed satisfied or waived, and the Closing shall occur as set forth herein. The term substantially in the form shall mean that the provisions regarding applicable rent, term and square footage occupied are completed as well as a statement (which may be qualified to the knowledge of the tenant) regarding tenant's defaults under the applicable lease is included in such estoppel letter. If on or before the Estoppel Deadline Buyer has not received such letters covering the Required Space, Buyer may so notify Seller, and upon the giving of such notice, the Deposit shall be refunded and this Agreement shall terminate, and neither party shall be liable to the other for damages or otherwise except as otherwise expressly provided herein. If on or before the Estoppel Deadline Buyer has not given such notice to Seller, this condition shall be deemed satisfied and waived, and the Closing shall occur as set forth herein.
Tenant Estoppel Letters. The tenant estoppel letters to be obtained in accordance with Section 2.5b and Seller’s certificate, if any, delivered pursuant to Section 2.5b;
Tenant Estoppel Letters. Seller shall have obtained estoppel letters in the form required by the particular Leases, from tenants which, in the aggregate, generate 90% of the monthly Base Rent under the current Leases of the Property, including each of the tenants under leases for 5,000 or more square feet each (“Major Tenants”). The estoppel letters shall be on the form attached as Exhibit H hereto and incorporated herein by this reference; provided, however, that in the event any Leases permit a tenant to provide an estoppel letter on a specified form, or to the extent the Purchaser’s lender or a national chain tenant utilizes its own form of estoppel letter, should said tenant(s) execute that form of estoppel letter rather than the form in Exhibit H, Purchaser shall accept that form. The Estoppel Letters shall be delivered to Purchaser at least three (3) business days prior to the Closing Date. If on the Closing Date Seller has obtained estoppel letters from tenants which generate less than 90% of such Base Rent, Seller may satisfy this condition by executing and delivering to Purchaser at the Closing its own certificate in the form attached as Exhibit H with respect to space leased to tenants who have not delivered estoppel letters and which will cause the space covered by estoppel letters and Seller’s certificates to equal or exceed this 90% requirement, provided that such Seller’s certificates shall not be permitted for any Major Tenant or for more than 5% of the monthly aggregate Base Rent under the current Leases of the Property. Seller shall be deemed to have represented and warranted each item of information contained in its certificate delivered to Purchaser as to each of those Leases, which representations and warranties shall survive for a period terminating on the earlier of (i) 9 months from the Closing Date; or (ii) the date on which Purchaser has received an executed estoppel letter signed by the tenant under the Lease in question confirming such item of information. If Seller has not obtained estoppel letters from such tenants by the Closing Date, Seller may, in lieu of giving its own certificates, adjourn the Closing Date for up to 45 days to allow it additional time to satisfy this requirement (but without waiving the right to deliver its own certificates at the end of the adjournment period), by written notice to Purchaser delivered at or prior to the Closing Date, which regardless of the aforementioned shall be no later than December 31, 2015. Purchaser shall ...
Tenant Estoppel Letters. Lender shall have received estoppel letters in form and substance satisfactory to Lender from Tenants occupying not less than 85% of the aggregate occupied rentable square feet in the Property, which estoppel letters shall include estoppel letters from the Tenants under each Major Lease.
Tenant Estoppel Letters. Seller agrees to use reasonable efforts to obtain tenant estoppel letters addressed to Buyer (the “Tenant Estoppel Letters”) in the form attached hereto as Exhibit H. from all of the tenants of the Property shown on the Rent Roll; to deliver to Buyer all such letters which Seller is able to obtain through the use of reasonable efforts signed by the tenants no later than five (5) days prior to Closing; and to use reasonable efforts to cause tenants to sign corrected letters in the event any such letter contains errors, omissions, or inaccuracies. In addition, Seller agrees to execute and deliver estoppel letters in form as attached hereto as Exhibit H-l, in place of and with respect to all tenants other than the tenants identified in Sections 4.1.10(a) and (b) hereof, who do not otherwise deliver a Tenant Estoppel Letter.
Tenant Estoppel Letters. Seller shall deliver to Buyer, on or before ten days prior to the Closing Date, an estoppel certificate (hereinafter the "Estoppel Certificate") signed by the each of the Tenants of the Property indicating the amount of rent paid, the date last paid, the amount of security deposits, any prepaid rents, etc. Buyer has supplied such form acceptable to Buyer for Seller's use as Exhibit B attached hereto. Buyer will accept a Major Tenant's standard estoppel certificate. Buyer's obligation to close shall be subject to (1) receipt of such Estoppel Letters from each and every tenant occupying 3,000 square feet or more of space and 85% or the remaining tenants and (2) said Estoppel Letters being materially consistent with the terms and conditions of the Leases of the tenants. Seller will use its best efforts to obtains Estoppel Certificates from each tenant, however, Seller may supply a an Affidavit containing the same representations set forth in the Estoppel Certificate for the remaining 15% of the tenants under 3,000 square feet.
Tenant Estoppel Letters. Lender shall have received an estoppel letter reasonably satisfactory to Lender and containing no material exceptions or qualifications (unless reserves satisfactory to Lender are established with respect thereto) from LTF Club Operations Company, Inc. and from such other parties as Lender shall reasonably request; and Lender shall have received such subordination, non-disturbance and attornment agreements as Lender shall reasonably require.
Tenant Estoppel Letters. Tenant estoppel letters from each of the tenants listed on Exhibit H attached hereto and incorporated by this reference in form satisfactory to Buyer. (f)
Tenant Estoppel Letters. Estoppel letters dated not more than five (5) days prior to the Closing addressed to Buyer from all tenants under the Leases in the form attached hereto as EXHIBIT 6.1, or an affidavit executed by Seller regarding the Leases which affidavit is substantially in the form attached hereto as EXHIBIT 6.1.
Tenant Estoppel Letters. Executed estoppel letters, without material exceptions, qualifications or modifications, from (a) each of those tenants identified on Exhibit M-1 attached hereto and incorporated herein by this reference as "Anchor Tenants" and "10,000 SF + Tenants" (collectively, the "Major Tenants"), and (b) other tenants collectively occupying no less than seventy-five percent (75%) of the area leased under the Leases (excluding the area leased under the Leases with the Major Tenants) (the "Other Tenants"). All of such estoppel letters shall be dated no earlier than the date of this Agreement. Seller shall request from tenants estoppel letters in the form approved by Buyer and set forth in Exhibit M-2 attached hereto and incorporated herein, but it is expressly understood that notwithstanding the contents of Exhibit M-2, the requirements of this paragraph will be satisfied by any estoppel letter substantially in the form which such Major Tenant or Other Tenant is required to provide pursuant to the terms of such Major Tenant's or Other Tenant's Lease. In the event Seller cannot for any reason obtain a tenant estoppel letter from a 10,000 SF + Tenant, Seller shall deliver to Buyer a Seller's (landlord) estoppel letter in the form of Exhibit M-3 attached hereto and incorporated herein by this reference. Seller's liability under Seller's estoppel letters shall expire and be of no further force or effect with respect to any claims first made after the expiration of one (1) year following the Closing Date; provided, however, that if Seller shall obtain a consistent estoppel certificate addressed to Buyer from any such tenant after delivery of such Seller's estoppel letter with respect to such tenant, Seller's (landlord) estoppel letter shall, as of the date of such tenant's estoppel letter, be without further force or effect. Seller shall deliver to Buyer copies of all estoppel letters (and all written responses to any such requested estoppel letter) promptly upon receipt thereof by Seller (regardless of whether received before or after Closing and whether needed to satisfy the 75% and other requirements above). Seller shall use its best efforts (without having to file a lawsuit) to obtain estoppel letters from all tenants as soon as possible after the date hereof. For purposes hereof, an exception, qualification or modification in an estoppel letter shall be deemed "material" only if: (i) Buyer is not "deemed to know" the matter described by such exception, qualification or...
