Tenant Estoppels and SNDAs. Mezzanine Borrower shall have requested and made commercially reasonable efforts to obtain prior to Closing, an executed tenant estoppel letter, substantially in form required by the Loan Agreement (Mortgage) and a Non-Disturbance Agreement from each of the Tenants required by the Loan Agreement (Mortgage), and shall have delivered to Mezzanine Lender all such estoppels and Non-Disturbance Agreements received by Mezzanine Borrower.
Tenant Estoppels and SNDAs. Purchaser shall have received a Tenant estoppel certificate substantially in the form attached hereto as Exhibit C (or, if different, the form and content required under the applicable Lease) from (a) Xxxxxx, Inc., Xxxxxxxxx Supply, Inc., YoCream International, Inc., Best Manufacturers, and Portland Adventist (the “Major Tenants”) and (b) such other tenants who, together with the Major Tenants, occupy at least eighty percent (80%) of the leased rentable square footage of the Property (“Required Estoppel Amount”); provided, however, if Purchaser has not notified Seller in writing of the failure of the conditions set forth in this Section 10.2.2 prior to 5:00 p.m. Eastern time on that day that is three (3) Business Days prior to Closing, these conditions shall be deemed satisfied. Notwithstanding the foregoing, at Seller’s sole option, Seller may extend the Closing Date for up to an additional thirty (30) days in order to satisfy the foregoing requirement in which event Seller shall deliver notice of such extension to Purchaser not less than two (2) business days prior to the then existing Closing Date. In no event shall Seller be obligated to deliver updates to any of the tenant estoppel certificates, unless the tenant estoppel certificate is dated more than thirty (30) days before the Closing Date. Seller will deliver Purchaser copies of the signed tenant estoppels promptly following Seller’s receipt and, if Purchaser fails to deliver a written objection notice to Seller within three (3) business days following the date of delivery, such signed tenant estoppels will be deemed approved by Purchaser. Purchaser acknowledges that the tenants may use a form of tenant estoppel certificate attached to their Lease or may modify the form attached hereto, and Purchaser agrees not to unreasonably withhold approval of such substitute or modified tenant estoppel certificate as long as same complies with the estoppel requirements in the applicable Lease. Seller shall not be in default for failure to deliver any required tenant estoppel certificate, it being agreed that Purchaser’s sole remedy for such failure shall be to terminate this Agreement and receive a refund of the Deposit. In addition, Seller shall use reasonable efforts to obtain and deliver to Purchaser promptly after receipt, a written estoppel certificate from any owners’ association governing any of the Property or any party under a reciprocal easement agreement affecting the Property in substantially the ...
Tenant Estoppels and SNDAs. To the extent that Tenant Estoppels and SNDAs from Tenants occupying 100% of the total rentable space in the Property have not been delivered to Senior Lender on the date hereof, Prime will diligently pursue the missing Tenant Estoppels and SNDAs and report on the progress thereof as requested by Senior Lender.
Tenant Estoppels and SNDAs. Borrower shall have requested and made commercially reasonable efforts to obtain prior to Closing, an executed tenant estoppel letter, substantially in form of Exhibit G and a Non-Disturbance Agreement from each of the Tenants listed on Schedule I, and shall have delivered to Lender all such estoppels and Non-Disturbance Agreements received by Borrower.
Tenant Estoppels and SNDAs. Receipt by Buyer of Estoppels with respect to Leases from (a) (i) each of the Tenants who occupy an entire building, plus (ii) any five (5) of the remaining ten (10) largest Tenants among the Properties (i.e. the Tenants demising the largest premises), and (b) other Tenants such that Estoppels have been received, in the aggregate, from Tenants demising at least 70% of the leased premises in the Improvements. At the request of Buyer, Sellers agree to cause the Property Owners to deliver to such Tenants as Buyer shall reasonably request Buyer’s lender’s form of subordination, non-disturbance and attornment agreement; provided, however, that Buyer’s or Buyer’s lender’s receipt of any subordination, non-disturbance and attornment agreement executed by such Tenants shall not be a condition to Buyer’s obligation to purchase the Units and/or the C-Corp Property.
Tenant Estoppels and SNDAs. Executed copies of (a) Tenant Estoppels from not less than 70% of the total number of tenants with Leases in effect as of the Effective Date and (b) an SNDA from each tenant under a Material Lease.
Tenant Estoppels and SNDAs. Seller shall deliver to Purchaser, promptly upon receipt thereof by Seller but at least fifteen (15) days prior to Closing, an estoppel certificate for each of the Tenants substantially in the form attached hereto as Exhibit ”10.2”. No later than three (3) business days prior to the date on which Seller intends to distribute the estoppel certificates to the Tenants for their completion, Seller shall deliver the draft estoppel certificates to Purchaser for Purchaser’s review and approval, which approval shall not be unreasonably withheld.
Tenant Estoppels and SNDAs. Seller having furnished to Buyer certificates from tenants of the Project (collectively, "Tenant Estoppel Certificates"), in the form of Exhibit C, dated no earlier than 15 days prior to the Closing Date. Tenant Estoppel Certificates must be received from tenants representing 80% of the leased space in the Project (or such greater percentage as may be required by Manulife) and from all tenants whose lease covers more than 2,500 square feet. The tenant-completed contents of the Tenant Estoppel Certificates shall be subject to approval of Buyer and Buyer's lender. Seller having furnished a Subordination Non-Disturbance and Attornment Agreement ("SNDA") from all those tenants as to which Buyer's lender may require such SNDA. The form and content of the SNDAs shall be subject to the approval of Buyer's lender.
Tenant Estoppels and SNDAs. Prior to the Closing Date, Borrower shall deliver to Lender tenant estoppel certificates from 85% of the tenants under Leases of the Projects, in form and substance satisfactory to Lender. Within 60 days of closing, Borrower shall deliver to Lender tenant estoppel certificates and Subordination, Non-Disturbance and Attornment Agreements, in form and substance acceptable to Lender, for the tenants listed in Exhibit E attached hereto.
Tenant Estoppels and SNDAs. Buyer acknowledges and agrees that Seller has fully satisfied Seller’s obligations under Sections 5.4.3 and 5.4.4 of the Original Agreement to deliver to Buyer Tenant Estoppels and SNDAs from its Tenants.
