Common use of Tenant Leases and Tenants Clause in Contracts

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and complete, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 3 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

AutoNDA by SimpleDocs

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and complete, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under any Tenant Lease., and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and complete, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such To Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such To Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and completecomplete in all material respects, and to such To Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3Exhibit E, such Seller has not received or sent out a written notice of any termination or uncured material default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Tenant Leases and Tenants. As Seller has delivered to Purchaser for review, true and complete copies of the Effective Date, the list of Tenants all Tenant Leases set forth on Exhibit F attached hereto which represent all written leases, rental agreements, occupancy agreements and license agreements (and any and all written renewals, amendments, modifications and supplements thereto) entered into with Tenants on or prior to the Effective Date affecting the Seller’s Real Property. The list of Tenants, as set forth on Exhibit F attached hereto, constitutes all of the Tenants under Tenant Leases affecting from whom Seller is currently accepting rental payments for the Real Property and Improvements owned by such Seller’s Property. Exhibit F also sets forth all sublease consent agreements that Seller that were has entered into by such Seller and, with respect to such Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of subleases at the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed Except as shown on Exhibit F. The copies E, (i) Seller has not delivered to a Tenant written notice that such Tenant is in default under its Tenant Lease that remains uncured, (ii) Landlord has not received from a Tenant written notice that Landlord is in default under a Tenant Lease that remains uncured, (iii) no rent or other amount has been prepaid under any of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and completemore than thirty (30) days in advance, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any (iv) no Tenant under any of the Tenant Lease Leases has delivered to Seller written notice exercising any termination right or notifying Seller of its insolvency, bankruptcy, assignments for the benefit of creditors or some other similar proceeding. Attached hereto as Exhibit K is each Seller’s current aged accounts receivable report. To Sellers’ Knowledge, there is no material inaccuracy in Exhibit K. Other than as set forth on Exhibit G, no tenant improvement allowance or other compensation will be due or payable with respect to any of the existing Tenant Leases after the Closing that remains outstanding unpaid. Other than as of set forth on Exhibit G, Sellers have completed all tenant improvements required under the Effective DateTenant Leases to be performed by the landlord.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Tenant Leases and Tenants. As of the Effective Date, the The list of Tenants Tenant Leases set forth on Exhibit F attached hereto (i) constitutes all of the Tenants under Tenant Leases (including all amendments and modifications thereto) affecting the Real Individual Property and Improvements owned by such Seller that were entered into by such Seller andSeller, to such Seller’s (ii) have not been modified or amended except as stated in Exhibit F, (iii) contain the entire agreement between the relevant landlord and the relevant Tenant named therein, (iv) except as set forth in Exhibit F, To Sellers’ Knowledge, all of the Tenants under Tenant Leases affecting the Real Property are in full force and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Propertyeffect. As of the Effective Date, there There are no written leases or occupancy agreements affecting the Real Individual Property and Improvements owned by such Seller Seller, executed by such Seller orSeller, to such Seller’s Knowledge, or by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The True and complete copies of the Tenant Leases executed by such Seller (and the guaranties accompanying such Tenant Leases that all amendments and modifications thereto) have been provided or made available to Purchaser are true, correct Purchaser. Exhibit F is a true and complete, and to such Seller’s Knowledge complete list of all Tenant Deposits currently held under the copies of the other Tenant Leases and accompanying guaranties that have been provided which respect to the Property (whether in the form of cash, letter of credit or made available to Purchaser are true, correct and complete in all material respectsotherwise). Except as disclosed on Exhibits F-1 through F-3Exhibit F, (A) To Sellers’ Knowledge, neither such Seller nor any Tenant is in monetary default under a Tenant Lease and such Seller has not received written notice of any termination or uncured default by any party under any Tenant LeaseLease that remains uncured, and (B) such Seller has not given written notice of any default to any by a Tenant under any of the Tenant Lease Leases that remains outstanding as of the Effective Dateuncured.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and completecomplete in all material respects, and and, to such Seller’s Knowledge Knowledge, the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed set forth on Exhibits F-1 through F-3Exhibit F, such all of the Tenant Leases are valid and are in full force and effect in accordance with their terms, and to Seller’s Knowledge, Seller has not received no written notice of any termination or uncured material default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant the landlord under any Tenant Lease that remains outstanding as uncured or unresolved and Seller has sent no written notice of material default by the Tenant under any Tenant Lease to any Tenant that remains uncured or unresolved. As of the Effective Date, no Tenant has paid any rent for any period beyond the current month except as expressly stated in the Leases or in Exhibit F. As of October 1, 2020, Seller has not received any written notices from any Tenant stating that it cannot or will not pay full rent under its Tenant Lease except as set forth on Exhibit F-1 attached hereto.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust)

Tenant Leases and Tenants. As of the Effective Date, the The list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such To Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As No Tenant is an Affiliate of the Effective Date, there Seller. There are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller and executed by such Seller or, to such To Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. Seller has not entered into any, and To Seller’s Knowledge, there are no, oral leases or license agreements for the occupancy of the Real Property or Improvements. Seller has not entered into any written consents to an assignment (by a Tenant) of a Tenant Lease or to a sublease except as indicated on Exhibit F. Seller has not previously transferred or assigned Seller’s rights in, or interests under, any of the Tenant Leases, which transfer or assignment remains effective, other than an assignment thereof in favor of Mortgage Lender as security for the Mortgage Loan. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser in the data room are true, correct and completecomplete in all material respects, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under accepted Rental from any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding for more than one (1) month in advance except as of may be expressly stated in the Effective Daterent roll.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

AutoNDA by SimpleDocs

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller Owner LLC and, to such Seller’s its Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such SellerOwner LLC’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller Owner LLC or, to such SellerOwner LLC’s Knowledge, by which such Seller Owner LLC is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases Owner LLC that have been provided or made available to Purchaser are true, correct and completecomplete in all material respects, and and, to such SellerOwner LLC’s Knowledge Knowledge, the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3Exhibit F, such Seller Owner LLC has not received written notice of any termination or uncured material default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust)

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such To Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such To Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and completecomplete in all material respects, and to such To Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3Exhibit E, such Seller has not sent or received written notice of any termination or uncured material default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Tenant Leases and Tenants. As Seller has delivered to Purchaser for review, true and complete copies of the Effective Date, the list of Tenants all Tenant Leases set forth on Exhibit F attached hereto which represent all written leases, rental agreements, occupancy agreements and license agreements (and any and all written renewals, amendments, modifications and supplements thereto) entered into with Tenants on or prior to the Effective Date affecting the Real Property. The list of Tenants, as set forth on Exhibit F attached hereto, constitutes all of the Tenants from whom Seller is currently accepting rental payments for the Property. Exhibit F also sets forth all sublease consent agreements that Seller has entered into with respect to subleases at the Property. Except as shown on Exhibit E, (i) Seller has not delivered to a Tenant written notice that such Tenant is in default under its Tenant Lease that remains uncured, (ii) Seller has not received from a Tenant written notice that Seller is in default under a Tenant Lease that remains uncured, (iii) no rent or other amount has been prepaid under any of the Tenant Leases affecting more than thirty (30) days in advance, and (iv) no Tenant under any of the Real Property and Improvements owned by such Tenant Leases has delivered to Seller that were entered into by such written notice exercising any termination right or notifying Seller andof its insolvency, to such bankruptcy, assignments for the benefit of creditors or some other similar proceeding. Attached hereto as Exhibit K is Seller’s current aged accounts receivable report. To Seller’s Knowledge, all there is no material inaccuracy in Exhibit K. Other than as set forth on Exhibit G, no tenant improvement allowance or other compensation will be due or payable with respect to any of the Tenants under existing Tenant Leases affecting after the Real Property Closing that remains unpaid. Other than as set forth on Exhibit G, Seller has completed all tenant improvements required under the Tenant Leases to be performed by the landlord, and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such To Seller’s Knowledge, by which such Seller is bound has completed any other than improvement work required under the Tenant Leases listed on Exhibit F. The copies of to be performed by the Tenant Leases executed by such Seller and the guaranties accompanying such Tenant Leases that have been provided or made available to Purchaser are true, correct and complete, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Datelandlord.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Tenant Leases and Tenants. As of the Effective Date, the list of Tenants set forth on Exhibit F attached hereto constitutes all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into by such Seller and, to such Seller’s Knowledge, all of the Tenants under Tenant Leases affecting the Real Property and Improvements owned by such Seller that were entered into prior to such Seller’s acquisition of the Property. As of the Effective Date, there are no written leases or occupancy agreements affecting the Real Property and Improvements owned by such Seller executed by such Seller or, to such Seller’s Knowledge, by which such Seller is bound other than the Tenant Leases listed on Exhibit F. The copies of the Tenant Leases executed by such Seller and the guaranties accompanying such -29- Tenant Leases that have been provided or made available to Purchaser are true, correct and complete, and to such Seller’s Knowledge the copies of the other Tenant Leases and accompanying guaranties that have been provided or made available to Purchaser are true, correct and complete in all material respects. Except as disclosed on Exhibits F-1 through F-3, such Seller has not received written notice of any termination or uncured default by any party under any Tenant Lease, and such Seller has not given written notice of any default to any Tenant under any Tenant Lease that remains outstanding as of the Effective Date.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!