Examples of Required Tenant Estoppels in a sentence
Notwithstanding anything herein to the contrary, if that Seller has been unable to obtain (and deliver to Buyer) the Required Tenant Estoppels at least three (3) business days prior to the Closing Date, and Buyer is not willing to waive the Required Tenant Estoppel condition, then either party shall have the right to delay the Closing Date by up to thirty (30) days in order for Seller to continue to attempt to obtain the missing Required Tenant Estoppels.
Sellers’ failure to deliver the Required Tenant Estoppels shall not constitute a default by Seller.
On or prior to Closing, Sellers shall have procured the Required Tenant Estoppels and delivered them to Purchaser.
Said Required Tenant Estoppels shall be in the form and substance required of such tenants by each respective Tenant Lease or, if the form is not set forth in the Tenant Lease, then in the form attached hereto as Exhibit J.
If Buyer elects to waive the delivery of the Required Tenant Estoppels pursuant to the immediately preceding sentence, Seller shall be obligated to deliver at the Closing a Seller Estoppel in the form contemplated in Section 3.5 for a number of Tenants (including one or more Major Tenants) who have not delivered a Tenant Estoppel as necessary to satisfy the condition relating to the delivery of the Required Tenant Estoppels.
Sellers shall have no obligations to pursue corrections to Incorrect Estoppel certificates 35 provided Sellers have otherwise provided the Required Tenant Estoppels as set forth hereinabove and said Incorrect Estoppels shall not count towards the Required Tenant Estoppels.
Purchaser’s closing condition as set forth in this Section 9.2.3 shall be deemed satisfied and irrevocably waived by Purchaser if the Required Tenant Estoppels have been delivered to Purchaser at any time after the Effective Date and Purchaser does not object in a written notice to Sellers specifying Purchaser’s objections to the form of the Tenant Estoppel within three (3) Business Days after receipt thereof.
If Purchaser does not receive the Required Tenant Estoppels as of the Closing Date, Seller may extend the Closing Date up to fifteen (15) days to allow Seller to obtain the Required Tenant Estoppels.
None of the Estoppel Certificates (including the Required Tenant Estoppels) shall reflect any materially adverse information or inconsistencies with the Rent Roll, Leases or any Seller representations and warranties set forth herein, and all of the Estoppel Certificates shall remain true and correct as of Closing.
Notwithstanding anything to the contrary, if Seller is unable to obtain the Required Tenant Estoppels as of the Closing Date, then to satisfy such condition, but for not more than fifteen percent (15%) of the Tenant Occupied Square Footage of the Property as of the Closing Date, Seller may (but shall not be obligated to) deliver certificates executed by Seller in the form attached as Exhibit E hereto (the “Seller Estoppels”), which shall be dated as of the Closing Date.