Examples of Declarations and REAs in a sentence
To Seller’s knowledge, the Real Property has been constructed, developed, used, operated, maintained and owned in accordance with all applicable Development Agreements and Declarations and REAs. Without limiting the foregoing, Seller has not received any notice under any Development Agreement or Declarations and REAs that Seller is in default of its obligations thereunder, or otherwise asserting any defenses, offsets or disputes thereunder.
Seller shall have delivered to Buyer, to the extent there are any Development Agreements and/or Declarations and REAs in effect with respect to the Property, each of the Additional Estoppel Certificates (or, to the extent an alternate form is required by the terms of such Development Agreements and/or Declarations and REAs, an estoppel certificate in such form, with such additional certifications as may be reasonably requested by Buyer during the Inspection Period).
If applicable, Seller shall deliver to Buyer an assignment of any developer’s and/or declarant’s rights under all Development Agreements and Declarations and REAs in a form and substance reasonably acceptable to Buyer.
Seller shall have delivered to Buyer to the extent there are any Development Agreements and/or Declarations and REAs in effect with respect to the Property, each of the Additional Estoppel Certificates (or, to the extent an alternate form is required by the terms of such Development Agreements and/or Declarations and REAs, an estoppel certificate in such form, with such additional certifications as may be reasonably requested by Buyer during the Inspection Period).
No later than ten (10) days prior to the Closing Date, Seller shall have obtained and delivered to Buyer an estoppel certificate or letter executed by the counterparties under any Declarations and REAs; such estoppel certificate or letter shall be dated no earlier than thirty (30) days prior to Closing and shall be in a commercially form provided by Buyer following acceptance.
To Seller’s knowledge, the Real Property has been constructed, developed, used, operated, maintained and owned in accordance with all applicable Development Agreements and Declarations and REAs. Without limiting the foregoing, no Seller Party has received any notice under any Development Agreement or Declarations and REAs that any Seller Party is in default of its obligations thereunder, or otherwise asserting any defenses, offsets or disputes thereunder.
Seller shall not amend or modify the Project REA or Ground Lease or amend or enter into any Development Agreement or any Declarations and REAs in any respect without Purchaser’s prior written approval, which approval shall be in the sole discretion of Purchaser.
Such estoppel certificate or letter shall, among other things, confirm that (i) Seller is not in default of its obligations under any Declarations and REAs, (ii) there are no claims for defenses, offsets, or disputes against or involving Seller arising under any Declarations and REAs, and (iii) there are no amounts due and owing by Seller under any Declarations and REAs, and shall be otherwise reasonably acceptable to the Buyer.