Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. (b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 10 contracts
Sources: Industrial Real Estate Lease (Doskocil Manufacturing Co Inc), Industrial Real Estate Lease (Doskocil Manufacturing Co Inc), Industrial Real Estate Lease (Doskocil Manufacturing Co Inc)
Estoppel Certificates. (a) Upon Landlord's written requestAt the request of Landlord or any --------------------- mortgagee or purchaser of a Leased Property, Tenant shall execute, acknowledge acknowledge, and deliver an estoppel certificate, in recordable form, in favor of Landlord or any mortgagee or purchaser of any Leased Property certifying the following as to Landlord a written statement certifyingsuch Leased Property: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (iia) that this Lease has not is unmodified and in full force and effect, or if there have been cancelled or terminatedmodifications that the same is in full force and effect as modified and stating the modifications; (iiib) the last date of payment of the Base to which Rent and other charges and the time period covered by such paymenthave been paid; (ivc) that neither Tenant nor Landlord is in default nor is there any fact or condition which, with notice or lapse of time, or both, would constitute a default, if that be the case, or specifying any existing default; (d) that Tenant has accepted and occupies such Leased Property; (e) that Tenant has no defenses, set-offs, deductions, credits, or counterclaims against Landlord, if that be the case, or specifying such that exist; (f) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why)has no outstanding construction or repair obligations; and (vg) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request be requested by Landlord or which any prospective mortgagee or purchaser. Any purchaser or encumbrancer mortgagee may rely on this estoppel certificate. If Tenant fails to deliver the estoppel certificates to Landlord within ten (10) business days after the request of Landlord, then Landlord shall request such delivery a second time. If Tenant fails to deliver the Property may require. Tenant shall deliver such statement estoppel certificates to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement second request by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following factsthen Tenant shall be deemed to have certified that: (ia) that the terms and provisions of this Lease have is in full force and effect and has not been changed except as otherwise represented by Landlord; (ii) modified, or that this Lease has not been cancelled or terminated except modified as otherwise represented by Landlordset forth in the certificate delivered to Tenant; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 6 contracts
Sources: Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit), Real Property Purchase Agreement (Capital Automotive Reit)
Estoppel Certificates. Lessee agrees from time to time upon not less than twenty (20) days prior written request by Lessor to deliver to Lessor a statement in writing certifying (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not is unmodified and in full force and effect (or if there have been cancelled or terminatedmodifications that the Lease as modified is in full force and effect and stating the modifications); (iiib) the last date of payment of dates to which the Base Rent rent and other charges and the time period covered by such paymenthave been paid; (ivc) that Landlord Lessor is not to Tenant's knowledge in default under in any provision of this Lease (or, if Landlord is claimed to be in default, stating why)the nature thereof specified in detail; (d) the amount of monthly rental currently payable by Lessee; (e) the amount of any prepaid rent, and (vf) such other representations matters as may be reasonably requested by Lessor or information with respect any mortgagee or prospective purchaser of the Office Complex. If Lessee does not deliver such statement to Tenant or the Lease as Landlord may reasonably request or which Lessor within such twenty (20) day period, Lessor and any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser Premises or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, Office Complex may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by LandlordLessor; (ii) that this Lease has not been cancelled canceled or terminated and is in full force and effect, except as otherwise represented by LandlordLessor; (iii) that the current amounts of the Base Rent and Security Deposit are as represented by Lessor and that any changes made against the Security Deposit are uncontested and valid; (iv) that there have been no subleases or assignments of the Lease; (v) that not more than one month's Base Rent or other charges have been paid in advance: ; and (ivvi) that Landlord Lessor is not in default under the Lease. In such event, Tenant Lessee shall be estopped from denying the truth of such facts.
Appears in 4 contracts
Sources: Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc), Office Lease (Exe Technologies Inc)
Estoppel Certificates. (a) Upon Landlord's written request, The Tenant shall from time to time, upon not less than fifteen (15) days’ prior written request by the Landlord, execute, acknowledge and deliver to the Landlord a written statement certifying: in writing certifying to the Landlord or an independent third party, with a true and correct copy of this Lease attached thereto, to the extent such statements continue to be true and accurate, (i) that none of the terms or provisions of this Lease is unmodified and in full force and effect (or, if there have been changed (or if they have been changedany modifications, that the same is in full force and effect as modified and stating how they have been changedthe modifications); (ii) that the Tenant has no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Annual Fixed Rent and Additional Rent and to perform its other covenants under this Lease has not been cancelled (or terminatedif there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) the last date of payment that there are no known uncured defaults of the Base Landlord or the Tenant under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the dates to which the Annual Fixed Rent, Additional Rent and other charges and the time period covered by such paymenthave been paid; (ivv) that the Tenant has accepted, is satisfied with, and is in full possession of the Premises, including all improvements, additions and alterations thereto required to be made by Landlord is under the Lease; (vi) that the Landlord has satisfactorily complied with all of the requirements and conditions precedent to the commencement of the Term of the Lease as specified in the Lease; (vii) that the Tenant has been in occupancy since the Commencement Date and paying rent since the specified dates; (viii) that no monetary or other considerations, including, but not limited to, rental concessions for Landlord, special tenant improvements or Landlord’s assumption of prior lease obligations of Tenant have been granted to Tenant by Landlord for entering into Lease, except as specified; (ix) that Tenant has no notice of a prior assignment, hypothecation, or pledge of rents or of the Lease; (x) that the Lease represents the entire agreement between Landlord and Tenant's knowledge in default under ; and (xi) such other statements of fact with respect to the Tenant and this Lease as the Landlord may reasonably request. On the Commencement Date, the Tenant shall, at the request of the Landlord, promptly execute, acknowledge and deliver to the Landlord a statement in writing that the Commencement Date has occurred, that the Annual Fixed Rent has begun to accrue and that the Tenant has taken occupancy of the Premises. Any statement delivered pursuant to this Section may be relied upon by any prospective purchaser, mortgagee or ground lessor of the Premises and shall be binding on the Tenant. Landlord shall from time to time, upon not less than fifteen (15) days’ prior written request by the Tenant, execute, acknowledge and deliver to the Tenant a statement in writing certifying to the Tenant or an independent third party, with a true and correct copy of this Lease attached thereto, to the extent such statements continue to be true and accurate (i) that this Lease is unmodified and in full force and effect (or, if Landlord is claimed to be in defaultthere have been any modifications, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms same is in full force and provisions of this Lease have not been changed except effect as otherwise represented by Landlordmodified and stating the modifications); (ii) that the Landlord has no knowledge of any defenses, offsets or counterclaims against its obligations to perform its covenants under this Lease has not been cancelled (or terminated except as otherwise represented by Landlordif there are any defenses, offsets, or counterclaims, setting them forth in reasonable detail); (iii) that not more than one month's Base there are no known uncured defaults of the Tenant or the Landlord under this Lease (or if there are known defaults, setting them forth in reasonable detail); (iv) the dates to which the Annual Fixed Rent, Additional Rent or and other charges have been paid in advance: paid, and (ivv) that the Tenant is in full possession of the Premises, including all improvements, additions and alterations thereto required to be made by Landlord is not in default under the Lease; (vi) that the Tenant has satisfactorily complied with all of the requirements and conditions precedent to the commencement of the Term of the Lease as specified in the Lease; (vii) that the Tenant has been in occupancy since the Commencement Date and paying rent since the specified dates; (viii) that no monetary or other considerations, including, but not limited to, rental concessions for Landlord, special tenant improvements or Landlord’s assumption of prior lease obligations of Tenant have been granted to Tenant by Landlord for entering into the Lease, except as specified; (ix) such other statements of fact with respect to the Tenant and this Lease as the Tenant may reasonably request. In such eventAny statement delivered pursuant to this Section may be relied upon by any prospective lender of Tenant, any prospective assignee or subtenant of Tenant or any prospective purchaser of Tenant or Tenant’s assets, and shall be estopped from denying binding on the truth of such factsLandlord.
Appears in 3 contracts
Sources: Lease (Voyager Therapeutics, Inc.), Lease (Voyager Therapeutics, Inc.), Lease Agreement (Blueprint Medicines Corp)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall at any time and from time to time upon not less than ten (10) days prior notice by Landlord, execute, acknowledge and deliver to Landlord a written statement in writing certifying: :
(ia) that none of the terms or provisions of this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, that the same is in full force and effect as modified and stating how they the modifications);
(b) the Commencement Date and Termination Date;
(c) the dates to which the Base Rent, Escalation Rent and other charges have been changed); paid in advance, if any;
(iid) stating whether or not to the current actual knowledge of Tenant, without investigation or inquiry, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which Tenant may have knowledge;
(e) that this Lease has not been cancelled assigned, modified or terminated; amended in any way (iii) or if there has been any assignment, modification or amendment, identifying the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating whysame); and
(f) containing any other information and (v) such other representations or information with respect to Tenant certifications which reasonably may be requested by Landlord or the Lease as Landlord holder of any Underlying Mortgage. Any such statement delivered pursuant to this Section 30.15 may reasonably request or which be relied upon by any prospective purchaser or encumbrancer of the fee of the Building Property may requireor the Park Place Project or any mortgagee, ground lessor or other like encumbrancer thereof or any assignee of any such encumbrancer upon the Building Property or the Park Place Project. Failure of Tenant shall to timely execute and deliver such a statement to delivered by Landlord within ten (10) days after Landlord's request. Landlord may give any such statement for execution shall constitute acceptance and acknowledgment by Tenant to any prospective purchaser or encumbrancer of that all information included in the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as is true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 3 contracts
Sources: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)
Estoppel Certificates. Within fifteen (a15) Upon days after Landlord's written ’s request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changedhow); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such paymentcovered; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Tenant states that Landlord is claimed to be in default, stating whydescribing it in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any such prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer encumbrancer, which may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten fifteen (10)-day 15) day period, Landlord, and any such prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 3 contracts
Sources: Lease Agreement (Cyteir Therapeutics, Inc.), Lease Agreement (Xenetic Biosciences, Inc.), Lease Agreement (Xenetic Biosciences, Inc.)
Estoppel Certificates. (a) Upon Landlord's written requestAt all times during the Lease term, Tenant shall executeagrees, acknowledge following any request by Landlord (which requests Landlord agrees not to make more frequently than four (4) times in any twelve (12) month period), to promptly execute and deliver to Landlord a written statement certifying: an estoppel certificate (i) certifying that none of the terms or provisions of this Lease have been changed (or is unmodified and in full force and effect, or, if they have been changedmodified, stating how they have been changed); the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) that this Lease has not been cancelled or terminated; stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the last date part of payment Landlord hereunder, or if there are uncured defaults on the part of Landlord, stating the Base Rent nature of such uncured defaults, and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) certifying such other representations or information with respect to Tenant or about the Lease as Landlord may be reasonably required by Landlord. Tenant’s failure to deliver an estoppel certificate (or other response to Landlord’s request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver therefor, if such statement to Landlord certificate cannot practicably be given) within ten (10) business days after delivery of Landlord's request. Landlord may give any ’s request therefor (unless such statement request was not actually received by Tenant) shall be a conclusive admission by Tenant to any prospective purchaser or encumbrancer that, as of the Property. Such purchaser or encumbrancer may rely conclusively upon date of the request for such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day periodstatement, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed is unmodified except as otherwise may be represented by Landlord; Landlord in said request and is in full force and effect, (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord; ’s performance, and (iii) that not more than one month's Base Rent or other charges have no rent has been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 3 contracts
Sources: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Estoppel Certificates. (a) Upon 19.1.1 Tenant shall, at any time and from time to time upon not less than thirty days' prior written request from Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord Landlord, in form reasonably satisfactory to Landlord, a written statement certifying: certifying (iif true) that none of Tenant has accepted the terms or provisions of Project Site, that this Lease is unmodified and in full force and effect (or, if there have been changed modifications, that the same is in full force and effect as modified and stating the modifications), that, to the best of Tenant's knowledge, Landlord is not in default hereunder (or if they there is a default, stating the nature of said default), the date to which the rental and other charges have been changedpaid, stating how they have been changed); and such other accurate certifications as may reasonably be required by Landlord or Landlord's mortgagee. Any statement delivered by Tenant pursuant to this Section may be relied upon by Landlord and Landlord's lenders and prospective lenders.
19.1.2 Landlord shall, at any time and from time to time upon not less than thirty days' prior written request from Tenant, execute, acknowledge and deliver to Tenant, in form reasonably satisfactory to Tenant, a written statement certifying (iiif true) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is unmodified and other charges in full force and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease effect (or, if Landlord there have been modifications, that the same is claimed in full force and effect as modified and stating the modifications), that, to be in defaultthe best of Landlord's knowledge, no Tenant Default then exists (or if there is a Tenant Default, stating whythe nature thereof); , the date to which the rental and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that such other accurate certifications as may reasonably be required by Tenant or by such other person or entity, as the case may be. Any statement delivered by Landlord is not in default under the Lease. In such event, pursuant to this Section may be relied upon by Tenant shall be estopped from denying the truth of such factsand Tenant's lenders and prospective lenders.
Appears in 3 contracts
Sources: Lease (Bh Re LLC), Lease (Aladdin Gaming Enterprises Inc), Lease (Aladdin Gaming Holding LLC)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 3 contracts
Sources: Industrial Real Estate Lease (Wrap Technologies, Inc.), Industrial Real Estate Lease (Micro Therapeutics Inc), Tenant Estoppel (G&l Realty Corp)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after its receipt of Landlord's ’s written request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (SeaSpine Holdings Corp), Industrial Real Estate Lease (Isotis Inc)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (ia) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (iib) that this Lease has not been cancelled or terminated; (iiic) the last date of payment of the Base Rent, Additional Rent and any other charges and the time period covered by such payment; (ivd) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (ve) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser the Premises is or encumbrancer of the Property may requirebecomes subject. Tenant shall deliver such statement to Landlord within ten five (105) days after Landlord's request’s request or Tenant shall be in default under this Lease. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such . Unless Landlord has received a written statement to Landlord the contrary within such ten five (10)-day 5) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) unless provided otherwise, that not more than one month's ’s Base Rent, Additional Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Lease Agreement (Uni-Pixel), Lease Agreement (Uni-Pixel)
Estoppel Certificates. Tenant agrees at any time and from time to time, upon not less than ten (a10) Upon business days after written notice from Landlord's written request, Tenant shall to execute, acknowledge and deliver to Landlord or a written party designated by Landlord in a statement certifyingin writing: (i) certifying that none of the terms or provisions of this Lease is unmodified and in full force and effect, or if there have been changed (or if they have been changedmodifications, that the Lease is in full force and effect as modified and stating how they have been changed)the modifications; (ii) that this Lease has not stating the dates to which the Rent and other charges hereunder have been cancelled or terminatedpaid by Tenant; (iii) stating whether or not Landlord is in default in the last date performance of payment of the Base Rent and other charges and the time period covered by any covenant, agreement or condition contained in this Lease, and, if so, specifying each such paymentdefault; (iv) agreeing that Tenant and Landlord is will not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or thereafter modify the Lease as Landlord may reasonably request or which without the approval of any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented mortgagee identified by Landlord; (iiv) that this Lease has not been cancelled or terminated agreeing that, except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such eventfor any security deposit required herein, Tenant shall not prepay any Rent more than thirty (30) days in advance; and (vi) such other matters relating to this Lease as may reasonably be estopped from denying requested. Any such statement delivered pursuant hereto may be relied upon by any owner of the truth Leased Premises, any prospective purchaser of the Leased Premises, any mortgagee or prospective mortgagee of the Leased Premises or of Landlord’s interest, or any prospective assignment of any such factsmortgagee of the Leased Premises or of Landlord’s interest, or any prospective assignee of any such mortgagee.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Estoppel Certificates. (a) Upon Tenant will, following any request by Landlord's written request, Tenant shall executepromptly execute and modified, acknowledge stating the nature of such modification and deliver to Landlord a written statement certifying: (i) certifying that none of the terms or provisions of this Lease have been changed (or is unmodified and in full force and effect, or, if they have been changedmodified, stating how they have been changed); the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) that this Lease has not been cancelled or terminated; stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to Tenant s knowledge, any uncured defaults on the last date part of payment of the Base Rent Landlord hereunder, or specifying such defaults if any are claimed, and other charges and the time period covered by such payment; (iv) that Landlord is not to certifying such other information about this Lease as may be reasonably requested by Landlord. Tenant's knowledge in default under this Lease (or, if Landlord is claimed failure to be in default, stating why); execute and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord estoppel certificate within ten (10) days after Landlord's requestrequest therefore shall be a material default by Tenant under this Lease, and Landlord shall have all of the rights and remedies available to Landlord as Landlord would otherwise have in the case of any other material default by Tenant, including the right to terminate this Lease and ▇▇▇ for damages proximately caused thereby, it being agreed and understood by Tenant that Tenant's failure to so deliver such estoppel certificate in a timely manner could result in Landlord being unable to perform committed obligations to other third parties which were made by Landlord in reliance upon this covenant of Tenant. Landlord and Tenant intend that any statement delivered pursuant to this Article may give be relied upon by any such statement by Tenant to any prospective Lender or purchaser or encumbrancer prospective Lender or purchaser of the Property. Such purchaser Building, the Project, or encumbrancer may rely conclusively upon such statement as true and correctany interest therein.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Space Lease (Asyst Technologies Inc /Ca/), Industrial Space Lease (Asyst Technologies Inc /Ca/)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall at any time and from time to time --------------------- upon not less than ten (10) business days' prior written notice by Landlord, execute, acknowledge and deliver to Landlord a written statement certifying: (i) in writing certifying that none of the terms or provisions of this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, that the same are in full force and effect as modified and stating how they have been changedthe modifications); (ii) that this Lease has not been cancelled or terminated; (iii) , the last date of payment of dates to which the Monthly Base Rent and other charges have been paid in advance, if any, and the time period covered by such payment; (iv) that Landlord is amount of the undrawn portion of the Letter of Credit, and stating whether or not to the actual knowledge of Tenant's knowledge , Landlord or Tenant is in default under in the performance of any covenant, agreement or condition contained in this Lease (orand, if Landlord is claimed to be in defaultso, specifying each such default of which Tenant may have actual knowledge, and stating why); and (v) such other representations or information with respect to matters of which Tenant or may have actual knowledge concerning the status of this Lease as Landlord may reasonably request or which request. Tenant acknowledges that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser or encumbrancer of the Property may requirePremises or any mortgagee, ground lessor or other like encumbrance thereof or any assignee of any such encumbrance upon the Premises. Tenant shall Tenant's failure to deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement time shall constitute a default by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively under this Lease and additionally shall be binding and conclusive upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled there are no uncured defaults in Landlord's performance or terminated except as otherwise represented by Landlord; rights of offset against Tenant's obligations hereunder, and (iii) that not more than one month's Base Rent or other charges have rent has been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Office Lease (Chemdex Corp), Office Lease (Chemdex Corp)
Estoppel Certificates. (a) Upon Tenant agrees at any time and from time to time upon request by the Landlord's written request, Tenant shall to execute, acknowledge and deliver to Landlord a written statement certifying: within ten (i10) that none business days of the terms or provisions of this Lease have been changed demand in writing certifying (or if they have been changed, stating how they have been changed); (iia) that this Lease has not is unmodified and in full force and effect (or if there have been cancelled or terminated; modifications, that the same is in full force and effect as modified and stating such modifications), (iiib) the last date of payment of dates to which the Base Minimum Monthly Rent and other charges have been paid in advance, if any, (c) Tenant's acceptance and possession of the time period covered by such payment; Premises, (ivd) the commencement of the Lease Term, (e) the rent provided under the Lease, and (f) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in Tenant claims such default, stating whythe nature thereof); , (9) that Tenant claims no offsets against the Rent, and (vh) such other representations information as shall be reasonably necessary to establish the status of the tenancy created by this Lease. It is intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser, Mortgage holder or information with respect to Tenant assignee of any Mortgage holder of the Premises or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may requireBuilding. Tenant shall Tenant's failure to deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely time shall be conclusive upon the following facts: Tenant (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord; 's performance, (iii) that not more than one month's Base Minimum Monthly Rent or other charges have has been paid in advance: , and (iv) that Landlord is not irrevocably constituted as Tenant's attorney in default under the Lease. In fact to issue such event, Tenant shall be estopped from denying the truth of such factsstatement.
Appears in 2 contracts
Sources: Lease Agreement (Globalnet Financial Com Inc), Lease Agreement (Globalnet Financial Com Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Each of Landlord and Tenant shall covenants and agrees to execute, acknowledge and deliver to Landlord the other, upon the requesting party's written request, a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) certifying that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease unmodified (or, if Landlord is claimed to be in defaultmodified, stating whythe modifications) and in full force and effect; stating the dates to which Basic Rent and Additional Rent have been paid; stating the amount of the Security Deposit held by Landlord; stating the amount of the Monthly Deposits held by Landlord for the then tax and insurance year; stating that, to requested party's knowledge, there have been no defaults by Landlord or Tenant and no event which with the giving of notice or the passage of time, or both, would constitute such a default (or, if there have been defaults, setting forth the nature thereof); and (v) stating such other representations or information with respect to Tenant or the matters concerning this Lease as Landlord may reasonably request request. Tenant agrees that such statement may be delivered to and relied upon by any existing or which any prospective Mortgagee or purchaser or encumbrancer of the Property may requireProperty. Tenant shall agrees that a failure to deliver such a statement to Landlord within ten (10) days after Landlord's request. written request from Landlord may give any such statement shall (a) constitute an immediate material Default by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If be conclusive upon Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed is in full force and effect without modification except as otherwise may be represented by Landlord; (ii) that there are no uncured defaults by Landlord or Tenant under this Lease has not been cancelled or terminated except as otherwise may be represented by Landlord; (iii) and that not more than one month's Base Rent or any representation by Landlord with respect to Basic Rent, Additional Rent, the Security Deposit, the Monthly Deposits and any other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such factspermitted matter are true.
Appears in 2 contracts
Sources: Lease Agreement (Solera National Bancorp, Inc.), Lease Agreement (Solera National Bancorp, Inc.)
Estoppel Certificates. Within ten (a10) Upon days after Landlord's written ’s request, Tenant shall will execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating whysetting forth such default in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such , and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (and Tenant will be estopped from denying): (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Rent (except as to Base Rent which is due on an annual basis) or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (ProFrac Holding Corp.), Industrial Lease (ProFrac Holding Corp.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) that the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser the Premises is or encumbrancer of the Property may requirebecomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's requestrequest or Tenant shall be in default under this Lease. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such . Unless Landlord has received a written statement to Landlord the contrary within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) unless provided otherwise, that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Lease Agreement (Newagecities Com Inc), Lease Agreement (Adsouth Partners, Inc.)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: statement, in the form attached hereto as Exhibit “C” or such other form as is then required by Landlord’s lender, certifying (to the extent accurate): (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten twenty (1020) days after Landlord's ’s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten twenty (10)-day 20)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Land Lease (Switch, Inc.), Land Lease (Switch, Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall from time to time, upon not less than ten (10) days’ prior written notice from Landlord, execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by in writing certifying such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request including, but not limited to, the following: (a) that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) (b) the date to which the Rent and other charges are paid in advance and the amounts so payable, (c) that there are not, to Tenant’s knowledge, any uncured defaults or which unfulfilled obligations on the part of Landlord, or specifying such defaults or unfulfilled obligations, if any are claimed, (d) that all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (e) that Tenant has taken possession of the Premises. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Property may requireProject. At Landlord’s option, the failure of Tenant shall to deliver such statement to Landlord within ten such time shall constitute a material default of Tenant hereunder, or it shall be conclusive upon Tenant that (10a) days after this Lease is in full force and effect, without modification except as may be represented by Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
, (b) If Tenant does not deliver such statement to Landlord within such ten there are no uncured defaults in Landlord’s performance, (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (ic) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base ’s Rent or other charges have has been paid in advance: , (d) all tenant improvements to be constructed by Landlord, if any, have been completed in accordance with Landlord’s obligations and (ive) that Landlord is not in default under Tenant has taken possession of the Lease. In such event, Tenant shall be estopped from denying the truth of such factsPremises.
Appears in 2 contracts
Sources: Office Lease (Ladenburg Thalmann Financial Services Inc), Office Lease (Ladenburg Thalmann Financial Services Inc)
Estoppel Certificates. (a) Upon Landlord's written requestTenant shall, Tenant shall executefrom time to time, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after request from Landlord's request. Landlord may give any such statement by , certify, to the extent true, that this Lease is in full force and effect and unmodified (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications); the dates to which the rent has been paid; that Tenant to any prospective purchaser or encumbrancer has accepted possession of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true Premises and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and that any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that improvements required by the terms and provisions of this Lease to be made by Landlord have not been changed except completed to the satisfaction of Tenant; the amount, if any, that Tenant has paid to Landlord as otherwise represented by Landlorda Security Deposit; (ii) that Tenant, as of the date of such certificate, has no charge, lien, or claim of offset under this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent against rent or other charges have been paid in advance: and (iv) that due or to become due hereunder; that, to the knowledge of Tenant, Landlord is not then in default under the terms of this Lease; that, if Landlord has assigned this Lease as collateral for a loan, and informed Tenant of the identity of the mortgagee, Tenant will, upon written request of the mortgagee, pay rent directly to such mortgagee; and such other matters as may be reasonably requested by Landlord or any mortgagee, lessor or prospective purchaser of Landlord. Any such certificate may be relied upon by Landlord, or any mortgagee, lessor or prospective purchaser of Landlord. In the event that Tenant fails to provide Landlord with an estoppel certificate as described and within the time period provided hereinabove, Landlord is hereby appointed Tenant's attorney-in-fact for the purpose of executing such eventestoppel certificate and delivering the same to any mortgagee, Tenant shall be estopped from denying the truth lessor or prospective purchaser of such factsLandlord, which appointment is coupled with an interest and is therefore irrevocable.
Appears in 2 contracts
Sources: Lease Agreement (Technest Holdings Inc), Deed of Lease (Technest Holdings Inc)
Estoppel Certificates. (a) Upon Landlord's written requestFrom time to time, Tenant shall executefurnish to any party reasonably designated by Landlord, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Landlord may give any such statement has made a request therefor, a certificate signed by Tenant confirming and containing the factual certifications and representations as to any prospective purchaser this Lease listed below or encumbrancer otherwise reasonably requested by Landlord (Tenant hereby approving the form of the Propertyestoppel attached hereto as Exhibit F). Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord the certificate signed by Tenant within such ten (10)-day required time period, Landlord, Landlord's Mortgagee and any prospective purchaser or encumbrancermortgagee, may conclusively presume and rely upon the following facts and Tenant shall be estopped from denying the truth of such presumed facts: (i1) that this Lease is in full force and effect; (2) the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii3) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base monthly installment of Basic Rent or and other charges have been paid in advance: ; (4) to Tenant's knowledge, there are no claims against Landlord nor any defenses or rights of offset against collection of Rent or other charges (except as listed); and (iv5) that to Tenant's knowledge, Landlord is not in default under this Lease (except as noted). From time to time, Landlord shall furnish to any party reasonably designated by Tenant, within ten (10) business days after Tenant has made a request therefor, a certificate signed by Landlord confirming and containing the following factual certifications and representations as to this Lease. In such event: (1) this Lease is in full force and effect; (2) the terms and provisions of this Lease have not been changed except as otherwise represented by Tenant; (3) not more than one monthly installment of Basic Rent and other charges have been collected in advance; (4) to Landlord's knowledge, there are no claims against Tenant nor any defenses or rights of offset against collection of Rent or other charges (except as listed); and (5) to Landlord's knowledge, Tenant shall be estopped from denying the truth of such factsis not in default under this Lease.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Ciena Corp)
Estoppel Certificates. At any time and from time to time, upon not less than ten (a10) Upon Business Days’ prior notice from Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of certifying the terms or provisions commencement date of this Lease, stating that this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is in full force and other charges effect as modified and the time period covered by date and nature of each such payment; (iv) modification), that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating whyspecifying the nature of such default); , that Tenant is not in default under this Lease (or, if Tenant is in default, specifying the nature of such default), the current amounts of and (v) the dates to which the Monthly Rent and Additional Rent has been paid, and setting forth such other representations or information with respect to Tenant or the Lease matters as Landlord may be reasonably request or which any requested by Landlord. Any such statement may be conclusively relied upon by a prospective purchaser or encumbrancer of the Real Property may requireor by a lender obtaining a lien on the Real Property as security. If Tenant shall fails to deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any the time required hereunder, such statement by failure shall be conclusive upon Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: that (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord; ’s performance of its obligations hereunder, (iii) that not more than one month's Base ’s installment of Monthly Rent or other charges have has been paid in advance: , and (iv) any other statements of fact included by Landlord in such statement are correct. Tenant acknowledges and agrees that its failure to execute such certificate may cause Landlord is not in default serious financial damage by causing the failure of a sale or financing transaction and giving Landlord all of its rights and remedies under Paragraph 25 above, including its right to damages caused by the Lease. In such event, Tenant shall be estopped from denying the truth loss of such factssale or financing.
Appears in 2 contracts
Sources: Office Lease (2U, Inc.), Office Lease (Zscaler, Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Anchor Pacific Underwriters Inc), Lease Agreement (Ultra Pac Inc)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's ’s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Office Lease (VectoIQ Acquisition Corp.), Office Lease (Insys Therapeutics, Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's requestLand▇▇▇▇'▇ ▇equest. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Natural Nutrition Group Inc), Lease Agreement (Fresh Juice Co Inc)
Estoppel Certificates. (a) Upon Landlord's written requestTenant agrees to furnish, Tenant shall executefrom time to time, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer receipt of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, request from Landlord, and any prospective purchaser or encumbrancera written statement certifying, may conclusively presume and rely upon to the following factsextent applicable, the following: (i) that Tenant is in possession of the terms and provisions of this Lease have not been changed except as otherwise represented by LandlordPremises; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlordthe Premises are acceptable; (iii) the Lease is in full force and effect and there have been no amendments or modifications, or if there have been amendments or modifications, stating the amendments or modifications; (iv) the dates through which the Rent and other charges hereunder have been paid by Tenant; (v) agreeing that Tenant and Landlord will not thereafter modify this Lease without the prior consent of the Mortgage holder; (vi) Tenant claims no present charge, lien, or claim or offset against Rent; (vii) the Rent is not and will not be prepaid for more than one month's Base Rent or other charges have been paid month in advance: ; (viii) there is no existing default by reason of some act or omission by Landlord; and (ivix) such other matters as may be reasonably required by Landlord or the Mortgage holder. Tenant agrees that Landlord is not in default under any such statement may be relied upon by any present owner or prospective purchaser of the Lease. In such event, Tenant shall be estopped from denying the truth Project and any present or prospective Mortgage holder or assignee of such factsMortgage holder. Tenant acknowledges and agrees that its failure to deliver any such statement in a timely manner is a Default under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Sunshine Heart, Inc.), Lease Agreement (CSAV Holding Corp.)
Estoppel Certificates. Within ten (a10) Upon days after Landlord's written ’s request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating whysetting forth such default in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may reasonably require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such , and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does shall not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following statements as facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; , (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such factsstatements.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (LENSAR, Inc.), Industrial Real Estate Lease (LENSAR, Inc.)
Estoppel Certificates. Within ten (a10) Upon business days after Landlord's written ’s request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changedhow); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such paymentcovered; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Tenant states that Landlord is claimed to be in default, stating whydescribing it in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any such prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer encumbrancer, which may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) business day period, Landlord, and any such prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)
Estoppel Certificates. (a) A. Upon Landlord's written request, Tenant shall execute, acknowledge execute and deliver to Landlord a written statement certifying: (i1) whether Tenant is an assignee or subtenant; (2) the expiration date of the Lease; (3) the number of renewal options under the lease and the total period of time covered by the renewal option(s); (4) that none of the terms or provisions of this the Lease have been changed since the original execution of the Lease, except as shown on attached amendments or modifications; (5) that no default by Landlord exists under the terms of the Lease (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); (6) that the Tenant has no claim against the landlord under the Lease and has no defense or right of offset against collection of rent or other charges accruing under the Lease; (7) the amount and date of the last payment of Rent; (8) the amount of any security deposits and other deposits, if any; and (v9) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which identity and address of any prospective purchaser or encumbrancer guarantor of the Property may requirelease. Tenant shall deliver such the statement to Landlord within ten (10) days after Landlord's request. Landlord may give forward any such statement by Tenant to any prospective purchaser or encumbrancer lender of the PropertyDemised Premises. Such purchaser The Purchaser or encumbrancer lender may rely conclusively upon such the statement as true and correct.
(b) B. If Tenant does not deliver such the written statement to Landlord within such the ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancerlender, may conclusively presume and rely upon the following facts: (i1) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii2) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii3) that not more than one month's monthly installment of Base Rent or and other charges have been paid in advance: ; (4) there are no claims against Landlord nor any defenses or rights of offset against collection of Rent or other charges; and (iv5) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such the presumed facts.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Cheap Tickets Inc), Commercial Lease Agreement (Cheap Tickets Inc)
Estoppel Certificates. (a) Upon Within 10 days after Landlord's written request, Tenant shall will execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating whysetting forth such default in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such , and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10 day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (and Tenant will be estopped from denying): (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Lease Agreement (Information Architects Corp), Lease Agreement (APA Enterprises, Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant ▇▇▇▇▇▇ shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Doskocil Manufacturing Co Inc), Industrial Real Estate Lease (Doskocil Manufacturing Co Inc)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement statement, in the form as is then reasonably required by Landlord’s lender, certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall deliver such statement to Landlord within ten fifteen (1015) days after Landlord's ’s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten fifteen (10)-day 15) -day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; and (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (MJ Holdings, Inc.), Lease Agreement (MJ Holdings, Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within Within ten (10) days after request therefor by Landlord's request. Landlord may give any such statement by , Tenant agrees to execute and deliver a certificate in the form attached hereto as Exhibit G, to any prospective proposed mortgagee or purchaser or encumbrancer of the Property. Such purchaser Premises, or encumbrancer may rely conclusively upon to Landlord or any other party designated by Landlord, certifying (if such statement as true be the case) to any matter reasonably requested by Landlord including without limitation the following: (a) that Tenant is in full and correct.
complete possession of the Premises, such possession having been delivered by Landlord and accepted by Tenant; (b) If Tenant does not deliver such statement that any improvements required to be furnished by Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that by the terms and provisions of this Lease have been completed in all respects to the satisfaction of the Tenant; (c) that this Lease is in full force and effect and has not been changed amended, modified, supplemented or superseded except as otherwise represented specifically noted; (d) that there is no existing default on the part of Landlord in the performance of any covenant, agreement or condition contained in this Lease to be performed by Landlord; (iie) that this Lease has the Tenant does not been cancelled have any actual or terminated except as otherwise represented pending claim against the Landlord or any right of offset or defense to any claim by Landlord; (iiif) that not more than one month's Base Rent no rents or other charges have been paid in advance: prepaid by Tenant; (g) the amount of any Security Deposit being held by Landlord; and (ivh) that Landlord is not the addressee of said certificate may rely on the representations therein made; and certifying as to the dates of commencement and termination of the Term, the date on which rents commenced to accrue under this Lease, and the date through which rents and other charges hereunder have been paid. Failure of Tenant to execute and deliver the requested certificate shall constitute an Event of Default and an admission by Tenant as to the accuracy of all matters set forth in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such factscertificate presented by Landlord.
Appears in 2 contracts
Sources: Shopping Center Lease (Carrollton Bancorp), Shopping Center Lease (Carrollton Bancorp)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) business day period, Landlord, Landlord and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Real Estate Sublease (Pets Com Inc), Industrial Real Estate Sublease (Pets Com Inc)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) to Tenant’s actual knowledge, that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall execute and deliver such statement to Landlord within ten (10) business days after Landlord's ’s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) business day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
(c) Section 11.5
Appears in 2 contracts
Sources: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifyingcertifying the following information to Landlord and any other entity Landlord requests: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) 10 days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10 day period, (a) Tenant shall be subject to a liquidated damages charge of $100 per day of delay in delivering it and (b) Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Seamed Corp), Industrial Real Estate Lease (Seamed Corp)
Estoppel Certificates. At any time and from time to time, upon --------------------- not less than ten (a10) Upon business days' prior notice from Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of certifying the terms or provisions commencement date of this Lease, stating that this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is in full force and other charges effect as modified and the time period covered by date and nature of each such payment; (iv) modification), that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating whyspecifying the nature of such default); , that Tenant is not in default under this Lease (or if Tenant is in default, specifying the nature of such default), the current amounts of and (v) the dates to which the Monthly Rent and Additional Rent has been paid, and setting forth such other representations matters as may be reasonably requested by Landlord. Any such statement may be conclusively relied upon by a prospective purchaser of the Real Property or information with respect by a lender obtaining a lien on the Real Property as security. If Tenant fails to Tenant or execute and deliver to Landlord the Lease as required certificate within the required ten (10) business day period, then Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. send Tenant shall a second written notice requesting that Tenant execute and deliver such statement certificate to Landlord pursuant to the terms hereof. If Tenant fails to execute and return such certificate to Landlord within ten (10) business days after Landlord's request. Landlord may give any following such statement by second written notice, then such failure shall be conclusive upon Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: that (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord; 's performance of its obligations hereunder, (iii) that not more than one month's Base installment of Monthly Rent or other charges have has been paid in advance: , and (iv) any other statements of fact included by Landlord in such statement are correct. Tenant acknowledges and agrees that its failure to execute such certificate within the ten (10) business day period following Landlord's second written notice to Tenant, as provided above, may cause Landlord is not in default serious financial damage by causing the failure of a sale or financing transaction and shall give Landlord all of its rights and remedies under Paragraph 25 above, including its right to damages caused by the Lease. In such event, Tenant shall be estopped from denying the truth loss of such factssale or financing.
Appears in 2 contracts
Sources: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or reasonable information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may requirealso reasonably request. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such factsfacts except to the extent any such facts are manifestly untrue or deliberately false.
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
Estoppel Certificates. At any time and from time to time, upon not less than fifteen (a15) Upon days’ prior notice from Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of certifying the terms or provisions commencement date of this Lease, stating that this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is in full force and other charges effect as modified and the time period covered by date and nature of each such payment; (iv) modification), that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating whyspecifying the nature of such default); , that Tenant is not in default under this Lease (or, if Tenant is in default, specifying the nature of such default), the current amounts of and the dates to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (v44) which the Monthly Rent and Additional Rent has been paid, and setting forth such other representations or information matters as may be reasonably requested by Landlord. The aforesaid fifteen-day period shall not commence until Landlord has provided Tenant with respect a draft of the requested estoppel statement sent to Tenant or the Lease as Landlord ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇, and ▇▇▇▇▇-▇▇▇▇▇@▇-▇▇.▇▇▇. Any such statement may reasonably request or which any be conclusively relied upon by a prospective purchaser or encumbrancer of the Real Property may requireor by a lender obtaining a lien on the Real Property as security. If Tenant shall fails to deliver such statement to Landlord within ten the time required hereunder, and such failure continues for five (105) days Business Days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, a second written notice from Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely then such failure shall be conclusive upon the following facts: Tenant that (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated there are no uncured defaults in Landlord’s performance of its obligations hereunder except as otherwise may be represented by Landlord; , (iii) that not more than one month's Base ’s installment of Monthly Rent or other charges have has been paid in advance: , and (iv) that any other statements of fact included by Landlord is not in default under the Leasesuch statement are correct. In such event, Tenant Landlord shall be estopped from denying the truth provide a similar statement within thirty (30) days of such factsTenant’s written request.
Appears in 1 contract
Sources: Office Lease (e.l.f. Beauty, Inc.)
Estoppel Certificates. (a) A. Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; and (iv) that that, to the best of Tenant's knowledge, Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten twenty (1020) days after Landlord's request. Landlord may give any Any such statement by Tenant may be furnished by Landlord to any prospective purchaser or encumbrancer lender of the PropertyDemised Premises. Such purchaser or encumbrancer lender may rely conclusively upon such statement as true and correct.
(b) B. If Tenant does not deliver such statement to Landlord within such ten (10)-day 20-day period, Landlord, and any prospective purchaser or encumbrancerlender, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's monthly installment of Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) 28.1 Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser the Premises is, or encumbrancer of the Property may requirebecomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) 28.2 If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) days period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, not more than four (4) times per year, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Carrington Laboratories Inc /Tx/)
Estoppel Certificates. (a) Upon Landlord's written requestFrom time to time, Tenant shall executefurnish to any person designated by Landlord (which may include Landlord), acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Landlord may give any such statement ’s request therefor, an estoppel certificate signed by Tenant in favor of such party, confirming and containing such factual certifications and representations as to any this Lease as may be reasonably requested. Unless otherwise required by a Landlord’s Mortgagee or a prospective purchaser or encumbrancer mortgagee of, or investor in, the Project, the form of estoppel certificate to be signed by Tenant shall be in the Property. Such purchaser or encumbrancer may rely conclusively upon such statement form attached hereto as true and correct.
(b) Exhibit F. If Tenant does not deliver such statement to Landlord such signed estoppel certificate and/or statement within such ten required time period, then after a second notice from Landlord specifying that the failure to respond within five (10)-day period5) days shall be deemed an admission (so long as Landlord has made the following statements in good faith), Landlord, Landlord’s Mortgagee and any prospective purchaser purchaser, mortgagee or encumbrancerinvestor, may conclusively presume and rely upon the following facts: (i1) that this Lease and the guaranty thereof, if any, is in full force and effect; (2) the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii3) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base (1) monthly installment of Basic Rent or and other charges have been paid in advance: ; (4) there are no claims against Landlord nor any defenses or rights of offset against collection of Rent or other charges; and (iv5) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such the presumed facts.
Appears in 1 contract
Sources: Lease Agreement (Avalara Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease 23 (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) -day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume resume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Carpenter W R North America Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge execute and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord return within ten (10) business days after Landlord's request. any certificate that Landlord may give any such statement by Tenant request from time to any prospective purchaser time, stating that this Lease is unmodified and in full force and effect, or encumbrancer in full force and effect as modified, and stating the modification. The certificate also shall state (a) the amount of base monthly rent and the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
dates to which the rent has been paid in advance; (b) If Tenant does not deliver such statement to Landlord within such ten the amount of any security deposit or prepaid rent; (10)-day period, c) that there is no present default on the part of Landlord, or attach a memorandum stating Any such instance of default; (d) that Tenant has no right to setoff and no defense or counterclaim against enforcement of its obligations under this Lease; (e) that Tenant has no other notice of any prospective purchaser sale, transfer or encumbrancer, may conclusively presume assignment of this Lease or of the rentals; (f) that all work required of Landlord has been completed and rely upon that the following facts: work is accepted as satisfactory; (g) that Tenant is in full and complete possession of the demised premises; (h) the date on which rent commenced and the date to which it is paid; (i) that the terms and provisions Tenant has not advanced any amounts to or on behalf of this Lease Landlord which have not been changed except as otherwise represented by Landlordreimbursed; (iij) that Tenant understands that this Lease has not been cancelled or terminated except collaterally assigned to Landlord's mortgagee as otherwise represented by security for a loan to Landlord; (iiik) that rent may not more than one monthbe prepaid without the prior written approval of Landlord's Base Rent or other charges have been paid in advance: mortgagee; and (iv1) such other items as Landlord may reasonably request. Failure to deliver the certificate within the ten (10) business days shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord that Landlord this Lease is in full force and effect and has not in default under been modified except as may be represented by the Leaseparty requesting the certificate. In such eventIf Tenant fails to deliver the certificate within the ten (10) business days, Tenant shall be estopped from denying by such failure irrevocably constitutes and appoints Landlord as its special attorney-in-fact to execute and deliver the truth of such factscertificate to any third party.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's ▇▇▇▇▇▇▇▇’s request. Landlord may give any such statement by Tenant to any an6 prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as statements true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (iI) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped stopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Liquidity Services Inc)
Estoppel Certificates. Within no more than fifteen (a15) Upon Landlord's days after written requestrequest by landlord, Tenant shall tenant will execute, acknowledge acknowledge, and deliver to Landlord landlord a written statement certifying: certificate stating:
(i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii1) that this Lease lease is unmodified and in full force and effect, or, if the lease is modified, the way in which it is modified accompanied by a copy of the modification agreement;
(2) the date to which rental and other sums payable under this lease have been paid;
(3) that no notice has been received by tenant of any default which has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (cured, or, if Landlord is claimed the default has not been cured, what tenant intends to be do in defaultorder to effect the cure, and when it will do so;
(4) that tenant has accepted and occupied the premises;
(5) that tenant has no claim or offset against landlord, or, if it does, stating whythe date of the assignment and assignee (if known to tenant); and and
(v6) such other representations or information with respect to Tenant or the Lease matters as Landlord may be reasonably request or which requested by landlord. Any certificate may be relied upon by any prospective purchaser or encumbrancer of the Property may requirepremises and any prospective mortgagee or beneficiary under any deed of trust or mortgage encumbering the premises. Tenant shall deliver such statement If landlord submits a completed certificate to Landlord tenant, and if tenant fails to object to its contents within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer its receipt of the Propertycompleted certificate, the matters stated in the certificate will conclusively be deemed to be correct. Such purchaser or encumbrancer may rely conclusively upon such statement Furthermore, tenant irrevocably appoints landlord as true tenant's attorney-in-fact to execute and correct.
(b) If Tenant deliver on tenant's behalf any completed certificate to which tenant does not deliver such statement to Landlord object within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i10) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such factsdays after its receipt.
Appears in 1 contract
Sources: Single Tenant Building Lease (Gulf State Credit LLP)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated (or if Tenant believes it has been cancelled or terminated, so stating); (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; and (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten fifteen (1015) days after Landlord's request. Landlord may give any Persons to whom such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer is delivered, may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten fifteen (10)-day 15) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) A. Upon Landlord's written request, request Tenant shall execute, execute acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease lease have been changed (or if they have been changedchange, stating how they have been changed); ): (ii) that this Lease has not been cancelled canceled or terminated; terminated (iii) the last date of payment of the Base Rent and other charges and the time period covered by such that payment; : and (iv) that Landlord is not to Tenant's knowledge in default under this Lease lease (or, if Landlord or it landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such the statement to Landlord within ten (10) days after Landlord's request. Landlord may give forward any such statement by Tenant to any prospective purchase or lender of the Demised Premises. The purchaser or encumbrancer of the Property. Such purchaser or encumbrancer lender may rely conclusively upon such the statement as true and correct.
(b) B. If Tenant does not deliver such the written statement to Landlord within such ten (10)-day period, the 10-day period Landlord, and and; any prospective purchaser or encumbrancer, lender may conclusively presume and rely upon the following facts: facts (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; Landlord (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; : (iii) that not more snore than one month's monthly installment of Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, event Tenant shall be estopped from denying the truth of such the presumed facts.
Appears in 1 contract
Sources: Commercial Lease Agreement (Performance Printing Corp)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if 9 Initials ---------- ------------------- Landlord is claimed to be in default, stating why); and (v) such other ------------ representations or information with respect to Tenant or the Lease as ------------ Landlord may reasonably request or which any prospective ---------- purchaser or encumbrancer of the Property may require. Tenant -------- shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any such prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) -day period, Landlord, and any prospective perspective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge execute and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord return within ten (10) business days after Landlord's request. any certificate that Landlord may give any such statement by Tenant request from time to any prospective purchaser time, stating that this Lease is unmodified and in full force and effect, or encumbrancer in full force and effect as modified, and stating the modification. The certificate also shall state (a) the amount of base monthly rent and the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
dates to which the rent has been paid in advance; (b) If Tenant does not deliver such statement to Landlord within such ten the amount of any security deposit or prepaid rent; (10)-day period, c) that there is no present default on the part of Landlord, or attach a memorandum stating any such instance of default; (d) that Tenant has no right to setoff and no defense or counterclaim against enforcement of its obligations under this Lease; (e) that Tenant has no other notice of any prospective purchaser sale, transfer or encumbrancer, may conclusively presume assignment of this Lease or of the rentals; (f) that all work required of Landlord has been completed and rely upon that the following facts: work is accepted as satisfactory; (g) that Tenant is in full and complete possession of the Demised Premises; (h) the date on which rent commenced and the date to which it is paid; (i) that the terms and provisions Tenant has not advanced any amounts to or on behalf of this Lease Landlord which have not been changed except as otherwise represented by Landlordreimbursed; (iij) that Tenant understands that this Lease has not been cancelled or terminated except collaterally assigned to Landlord's mortgagee as otherwise represented by security for a loan to Landlord; (iiik) that rent may not more than one monthbe prepaid without the prior written approval of Landlord's Base Rent or other charges have been paid in advance: mortgagee; and (iv1) such other items as Landlord may reasonably request. Failure to deliver the certificate within the ten (10) business days shall be conclusive upon Tenant for the benefit of Landlord and any successor to Landlord that Landlord this Lease is in full force and effect and has not in default under been modified except as may be represented by the Leaseparty requesting the certificate. In such eventIf Tenant fails to deliver the certificate within the ten (10) business days, Tenant shall be estopped from denying by such failure irrevocably constitutes and appoints Landlord as its special attorney-in-fact to execute and deliver the truth of such factscertificate to any third party.
Appears in 1 contract
Estoppel Certificates. (a) A. Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; and (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any Any such statement by Tenant may be furnished by Landlord to any prospective purchaser or encumbrancer lender of the PropertyDemised Premises. Such purchaser or encumbrancer lender may rely conclusively exclusively upon such statement as true and correct.
(b) B. If Tenant does not deliver such statement to Landlord within such ten (10)-day 10-day period, Landlord, and any prospective purchaser or encumbrancerlender, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's monthly installment of Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Within ten (a10) Upon Landlord's days following any written requestrequest Landlord may make from time to time, Tenant without any charge therefor, shall execute, acknowledge and deliver to Landlord a written statement certifying: (ia) the Commencement Date of this Lease; (b) the fact that none this Lease is unmodified and in full force and effect (or if there have been modifications hereto, that this Lease is in full force and effect, as modified, and stating the date and nature of such modifications); (c) the terms or provisions of date to which the rent and other sums payable under this Lease have been changed (or if they have been changed, stating how they have been changed)paid; (ii) that this Lease has not been cancelled or terminated; (iiid) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) fact that Landlord is not to Tenant's knowledge in default there are no current defaults under this Lease (or, if by either Landlord is claimed to be or Tenant except as specified in default, stating why)the statement; and (ve) such other representations matters as may be reasonably requested by Landlord. Landlord and Tenant intend that any statement delivered pursuant to this paragraph may be relied upon by a mortgagee, beneficiary, purchaser or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may requireBuilding or any interest therein. Tenant shall Tenant's failure to deliver any such statement to Landlord within said ten (10) days after Landlord's request. day period shall constitute a material default, and Tenant shall indemnify and hold Landlord harmless from and against any and all liability, loss, cost, damage and expense which Landlord may give sustain or incur as a result of or in connection with Tenant's failure or delay in delivering such statement. If Landlord elects to sell the Building or to obtain loans secured by a lien on the Building, Tenant, promptly after demand, shall provide to any such statement purchaser or lender financial statements of Tenant reasonably required by Tenant the purchaser or lender. The financial statements so provided shall be kept confidential as to any prospective parties other than the purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correctlender.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Office Lease (U S Wireless Data Inc)
Estoppel Certificates. (a) Upon Landlord's written requestEach party agrees, Tenant shall executeat any time and from time to time, acknowledge as requested by the other party, to execute and deliver to Landlord a written statement certifying: (i) that none of the terms other land to any existing or provisions of this Lease have been changed (prospective mortgage lender, ground lessor, or if they have been changedpurchaser designated by Landlord), stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's requestthe written request therefor, a statement certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications); certifying the dates to which the Base Rent and Additional Rent have been paid; stating whether or not the other party is in default in performance of any of its obligations under this Lease; and, if so, specifying each such default; and stating whether or not any event has occurred which, with the giving of notice or passage of time, or both, would constitute such a default, and, if so, specifying each such event. Any such statement delivered pursuant hereto shall be deemed a representation and warranty to be relied upon by the party requesting the certificate and by others with whom such party may be dealing, regardless of independent investigation. Tenant also shall include in any such statements such other information concerning this Lease as Landlord may give reasonably request including, but not limited to, the amount of Base Rent and Additional Rent under this Lease, and whether Landlord has completed all improvements to the Premises required under this Lease. If Tenant fails to execute, acknowledge or deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i10) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such eventdays after request therefore, Tenant shall hereby irrevocably constitutes and appoints Landlord as Tenant's attorney-in-fact (which appointment is agreed to be estopped from denying the truth coupled with an interest), to execute and deliver any such statements for and on behalf of such factsTenant.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: certifying (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last due date of payment of the Base Rent rent and other charges and the time period covered by such payment; and (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's ’s request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely r ▇▇▇ conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by the Landlord; (iii) that not more than one month's Base Rent ’s rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Commercial Industrial Lease Agreement (Correctional Services Corp)
Estoppel Certificates. At any time, upon at least ten (a10) Upon business days' prior notice by Landlord's written request, Tenant shall execute, acknowledge acknowledge, and deliver to Landlord a written statement certificate, in the form prescribed by Landlord, certifying: :
(ia) that none the Commencement Date, the occupancy date, and the Lease Term;
(b) the amount of the terms or provisions of this Lease Monthly Rent;
(c) the dates to which rent and other charges have been changed paid;
(or if they have been changed, stating how they have been changed); (iid) that this Lease is unmodified and in full force or, if there have been modifications, that this Lease is in full force, as modified, and stating the date and nature of each modification;
(e) that no notice has been received by Tenant of any default by Tenant that has not been cancelled or terminated; (iii) cured, except, if any exist, those defaults shall be specified in the last date of payment certificate, and Tenant shall certify that no event has occurred that, but for the expiration of the Base Rent and other charges and the applicable time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default or the giving of notice, or both, would constitute an Event of Default under this Lease (or, if to the extent that none exist);
(f) that no default of Landlord is claimed by Tenant, except, if any, those defaults shall be specified in the certificate; and
(g) other matters as may be reasonably requested by Landlord. Any certificate may be relied on by prospective purchasers, mortgagees, or beneficiaries under any deed of trust on the Premises or any part of it. Tenant's failure to be in default, stating why); execute and deliver a completed Estoppel Certificate within fifteen (v15) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer business days of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer request therefor shall constitute an Event of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correctDefault hereunder.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Office / R&d Lease (Cacheflow Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser or encumbrancer of the Property may requireis or becomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Lease Agreement (Valley Media Inc)
Estoppel Certificates. At any time not more than ten (a10) Upon days after a request is received from Landlord's written request, Tenant shall will execute, acknowledge and deliver to Landlord, or to such party as Landlord may designate a written statement certifying: (i) that none certifying the date of the terms or provisions commencement of this Lease have been changed (or if they have been changedLease, stating how they have been changed); (ii) that this Lease has not is unmodified and in full force and effect (or, if there have been cancelled or terminated; (iii) any modifications of this Lease, that the last Lease is in full force and effect as modified and stating the date of payment and nature of the Base Rent and other charges and the time period covered by such payment; (iv) modification or modifications), that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord there is any claimed to be default, stating the nature and extent thereof), that Tenant is not in default under this Lease (or, if Tenant is in default, stating whyspecifying the nature and extent thereof); , the current amounts of and (v) such the dates up to which Rent has been paid, the period for which Rent and other representations charges have been paid in advance, and any additional matters or information with respect to Tenant or the Lease as Landlord that may reasonably request or which be requested by Landlord. It is expressly understood and agreed that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer of the Property may requireBuilding or any lender, prospective lender, or any assignee or prospective assignee of any lender, and by any third person. Tenant shall Tenant’s failure to deliver such a statement to Landlord within ten (said 10) days after Landlord's request. Landlord may give any such statement by -day period will be conclusive against Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modifications except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no defaults in Landlord; ’s performance hereunder, and (iii) that not more than one month's Base ’s Rent or other charges have has been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Lease Agreement (XOOM Corp)
Estoppel Certificates. (a) Upon Landlord's ’s written request, Tenant shall execute, acknowledge acknowledge, and deliver to Landlord a written statement certifying: (ia) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (iib) that this Lease has not been cancelled or terminated; (iiic) the last date of payment of Base Rent, the Base Rent Success Fee, Additional Rent, and any other charges and the time period covered by such payment; (ivd) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (ve) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage or lien to which any prospective purchaser the Premises are or encumbrancer of the Property may requirebecome subject. Tenant shall deliver such statement to Landlord within ten (10) days Business Days after Landlord's request’s request or Tenant shall be in default under this Lease. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such . Unless Landlord has received a written statement to Landlord the contrary within such ten (10)-day 10) Business Day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (iw) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (iix) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iiiy) unless provided otherwise, that not more than one month's ’s Base Rent Rent, Additional Rent, or other charges have been paid in advance: ; and (ivz) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Within five (a5) Upon Landlord's written days after ▇▇▇▇▇▇▇▇’s request, Tenant shall will execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating whysetting forth such default in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such , and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (and Tenant will be estopped from denying): (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Rent (except as to Base Rent which is due on an annual basis) or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Within ten (a10) Upon business days after Landlord's ’s written requestrequest to Tenant, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changedhow); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such paymentcovered; (iv) that to Tenant’s knowledge Landlord is not to Tenant's knowledge in default under this Lease (or, or if Tenant believes that Landlord is claimed to be in default, stating whydescribing it in reasonable detail); and (v) such other representations or factual information with respect to Tenant or the this Lease to Tenant’s knowledge as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any such prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer encumbrancer, which may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) business day period, Landlord, and any such prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Within ten (a10) Upon days after Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating whysetting forth such default in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such , and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does shall not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. ▇▇▇▇▇▇ agrees to furnish, from time to time, within ten (a10) Upon days after receipt of a request from Landlord or Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: successor or mortgagee (i) that none a statement containing and certifying, if applicable, all or some of the terms following: Tenant is in possession of the Leased Premises; the Lease is in full force and effect; the Lease is unmodified (except as disclosed in such statement); Tenant claims no present charge, lien, or provisions claim of offset against the Rental; the Rental is paid for the current month, but is not prepaid for more than one (1) month and will not be prepaid for more than one (1) month in advance; there is no existing default by reason of some act or omission by Landlord; Landlord has performed all inducements required of Landlord in connection with this Lease have been changed (or Lease, including construction obligations, if they have been changedany, stating how they have been changed)and Tenant accepts the Leased Premises as constructed; (ii) that this Lease has not been cancelled or terminatedan acknowledgment of the assignment of Rentals, if any, and other sums due hereunder to a mortgagee and an agreement to be bound thereby; (iii) an agreement requiring Tenant to advise the last date mortgagee of payment damage to or destruction of the Base Rent and Leased Premises by fire or other charges and the time period covered by such paymentcasualty requiring reconstruction; (iv) that Landlord is not an agreement by Tenant to Tenantgive the mortgagee written notice of ▇▇▇▇▇▇▇▇'s knowledge in default under this Lease (or, if Landlord is claimed hereunder and to be in permit the mortgagee to cure such default within a reasonable time after such notice before exercising any remedy Tenant might possess as a result of such default, stating why); and (v) such other representations matters as may be reasonably required by Landlord or information with respect ▇▇▇▇▇▇▇▇'s successor or mortgagee. Tenant's failure to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement statement, in addition to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant being a default under this Lease, shall be deemed to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely establish conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated is in full force and effect except as otherwise represented declared by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) , that Landlord is not in default of any of its obligations under the this Lease. In such event, Tenant shall be estopped from denying the truth of such factsand that Landlord has not received more than one (1) month's rent in advance.
Appears in 1 contract
Sources: Lease Agreement
Estoppel Certificates. (a) Upon Within 10 days after Landlord's written ’s request, Tenant shall will execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating whysetting forth such default in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such Premises, and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (and Tenant will be estopped from denying): (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written requestTenant agrees to furnish, Tenant shall executefrom time to time, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer receipt of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, request from Landlord, and any prospective purchaser or encumbrancera written statement certifying, may conclusively presume and rely upon to the following factsextent applicable, the following: (i) that Tenant is in possession of the terms and provisions of this Lease have not been changed except as otherwise represented by LandlordPremises; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlordthe Premises are acceptable; (iii) the Lease is in full force and effect and there have been no amendments or modifications, or if there have been amendments or modifications, stating the amendments or modifications; (iv) the dates through which the Rent and other charges hereunder have been paid by Tenant; (v) agreeing that Tenant and Landlord will not thereafter modify this Lease without the prior consent of the Mortgage holder; (vi) Tenant claims no present charge, lien, or claim or offset against Rent or describing such charge, lien or claim; (vii) the Rent is not and will not be prepaid for more than one month's Base Rent or other charges have been paid month in advance: ; (viii) there is no existing default by reason of some act or omission by Landlord; and (ivix) such other matters as may be reasonably required by Landlord or the Mortgage holder. Tenant agrees that Landlord is not in default under any such statement may be relied upon by any present owner or prospective purchaser of the Lease. In such event, Tenant shall be estopped from denying the truth Project and any present or prospective Mortgage holder or assignee of such factsMortgage holder. Tenant acknowledges and agrees that its failure to deliver any such statement in a timely manner, in addition to being a Default under this Lease, could result in a loss of favorable sale or financing and Tenant agrees to be liable to Landlord for both actual and consequential damages resulting from breach hereunder.
Appears in 1 contract
Sources: Lease Agreement (Quantech LTD /Mn/)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (iI) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) -day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (iI) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Industrial Rubber Innovations Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer encumbrance of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer encumbrance of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) business day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's [***] written request, OF EITHER PARTY Tenant AND LANDLORD shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord [***] THE REQUESTING PARTY is not to Tenant's knowledge in default under this Lease (or, if Landlord [***] THE REQUESTING PARTY is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant [***] THE OTHER PARTY or the Lease as Landlord [***] THE REQUESTING PARTY may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant [***] A PARTY shall deliver such statement to Landlord [***] THE REQUESTING PARTY within ten (10) days after Landlord's [***] request. Landlord [***] A PARTY may give any such statement by Tenant [***] to any prospective purchaser or encumbrancer of the Propertypurchaser, [***] encumbrancer, ASSIGNEE, SUBLEASEE, TRANSFEREE OR FINANCIER (A "BENEFITED PERSON"). [***]. Such purchaser or encumbrancer [***] BENEFITED PERSON may rely conclusively upon such statement as true and correct.
(b) If Tenant [***] THE OTHER PARTY does not deliver such statement to Landlord [***] THE REQUESTING PARTY within such ten (10)-day period, Landlord10) day period [***] THE REQUESTING PARTY, and any prospective purchaser or encumbrancer[***], BENEFITED PERSON may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; [***] THE REQUESTING PARTY, (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii[***] THE REQUESTING PARTY,(iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord [***] THE REQUESTING PARTY, is not in In default under the Lease. In such event, Tenant [***] THE OTHER PARTY shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Lease Agreement (Cerprobe Corp)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, event Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Within ten (a10) Upon days after Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Landlord is claimed to be in default, stating why); setting forth such default in reasonable detail) and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such Premises, and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) . If Tenant does shall not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Petco Animal Supplies Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant ▇▇ ▇▇▇▇▇t to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, and fails to deliver such statement to Landlord within ten (10) days after Landlord's second written request for the same, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that than Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Lease Agreement (Bucyrus International Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) that the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser or encumbrancer of the Property may requireis or becomes subject and which relate to the status of this Lease and/or claims of Tenant against Landlord. Tenant shall deliver such statement to Landlord within ten twenty (1020) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten twenty (10)-day 20) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. In any event, none of the Tenant's rights under this Lease shall be affected.
Appears in 1 contract
Estoppel Certificates. A. Within ten (a10) Upon Landlord's days following any written requestrequest which Landlord may make from time to time, Tenant shall execute, acknowledge execute and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions Commencement Date of this Lease have been changed (or if they have been changed, stating how they have been changed)Lease; (ii) the fact that this Lease has not is unmodified and in full force and effect (or, if there have been cancelled or terminatedmodifications hereto, that this Lease is in full force and effect, and stating the date and nature of such modifications); (iii) the last date of payment of to which the Base Rent and other charges and the time period covered by such paymentsums payable under this Lease have been paid; (iv) that there are no current defaults under this Lese by either Landlord is not to or Tenant except as specified in Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why)statement; and (v) such other representations matters as are requested by Landlord. Landlord and Tenant intend that any statement delivered pursuant to this Section may be relied upon by any Mortgagee, ground lessor, purchaser or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Building, the Property may require. Tenant shall or any interest therein.
B. Tenant's failure to deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely time shall be conclusive upon the following facts: Tenant (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord's performance; and (iii) that not more than one (1) month's Base Rent or other charges have has been paid in advance: , and (iv) that Tenant hereby irrevocably appoints Landlord is not as attorney-in-fact of Tenant to execute, deliver and record estoppel certificates in default under the Lease. In such event, Tenant shall be estopped from denying the truth name and on behalf of such factsTenant.
Appears in 1 contract
Sources: Lease (Eacceleration Corp)
Estoppel Certificates. At any time and from time to time, upon not less than ten (a10) Upon days' prior notice from Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of certifying the terms or provisions commencement date of this Lease, stating that this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is in full force and other charges effect as modified and the time period covered by date and nature of each such payment; (iv) modification), that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating whyspecifying the nature of such default); , that Tenant is not in default under this Lease (or, if Tenant is in default, specifying the nature of such default), the current amounts of and (v) the dates to which the Monthly Rent and Additional Rent has been paid, and setting forth such other representations or information with respect to Tenant or the Lease matters as Landlord may be reasonably request or which any requested by Landlord. Any such statement may be conclusively relied upon by a prospective purchaser or encumbrancer of the Real Property may requireor by a lender obtaining a lien on the Real Property as security. If Tenant shall fails to deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any the time required hereunder, such statement by failure shall be conclusive upon Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: that (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord; 's performance of its obligations hereunder, (iii) that not more than one month's Base installment of Monthly Rent or other charges have has been paid in advance: , and (iv) any other statements of fact included by Landlord in such statement are correct. Tenant acknowledges and agrees that its failure to execute such certificate may cause Landlord is not in default serious financial damage by causing the failure of a sale or financing transaction and giving Landlord all of its rights and remedies under Paragraph 25 above, including its right to damages caused by the Lease. In such event, Tenant shall be estopped from denying the truth loss of such factssale or financing.
Appears in 1 contract
Sources: Office Lease (Kitara Media Corp.)
Estoppel Certificates. (a) Upon Promptly upon Landlord's written request’s request after Tenant has occupied the Premises, Tenant shall will execute and deliver to Landlord the Occupancy Estoppel Certificate. In addition, Tenant agrees that at any time and from time to time (but on not less than 10 days’ prior request by Landlord), Tenant will execute, acknowledge and deliver to Landlord a written statement certifyingcertificate indicating any or all of the following: (ia) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed)Commencement Date and Expiration Date; (iib) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is unmodified and other charges in full force and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification); (c) the date, if any, through which Base Rent, Additional Expenses and any other Rent payable have been paid; (d) that no default by Landlord is claimed or Tenant exists which has not been cured, except as to defaults stated in such certificate; (e) that Tenant has no existing defenses or set-offs to enforcement of this Lease, except as specifically stated in such certificate; (f) provided such events have occurred, that Tenant has accepted the Premises and that all improvements required to be made to the Premises by Landlord have been completed according to this Lease except as specifically stated in defaultsuch certificate; (g) that, stating why)except as specifically stated in such certificate, Tenant, and only Tenant, currently occupies the Premises; and (vh) such other representations or information with respect to Tenant or the Lease matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancerpresent or prospective mortgagee, may conclusively presume and rely upon deed of trust beneficiary or ground lessor of all or a portion of the following facts: (i) Building. Tenant, at Landlord’s request, shall execute an Estoppel Certificate in a form similar to that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under set forth on Exhibit C to the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Within fifteen (a15) Upon days after written request from Landlord's written request, Tenant shall execute, acknowledge execute and deliver to Landlord Landlord, or Landlord’s designee, a written statement certifying: certifying (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (iia) that this Lease has not been cancelled is unmodified and in full force and effect or terminatedis in full force and effect as modified and stating the modifications; (iiib) the last date amount of payment of the Base Rent and other charges the date to which Base Rent and the time period covered by such paymentAdditional Rent have been paid in advance; (ivc) that the amount of any security deposit with Landlord; (d) that, to the best of Tenant’s knowledge, Landlord is not to Tenant's knowledge in default under this Lease (hereunder or, if Landlord is claimed to be in default, stating why)the nature of any claimed default; and (ve) such other representations or information with respect to Tenant or the matters regarding this Lease as may be reasonably requested. Landlord and, any purchaser, assignee or Mortgagee may reasonably request or which rely upon any prospective purchaser or encumbrancer of the Property may requiresuch statement. Tenant shall Tenant’s failure to execute and deliver such statement to Landlord within ten the time required shall be conclusive against Tenant (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i1) that the terms and provisions of this Lease have is in full force and effect and has not been changed modified except as otherwise represented by Landlord; (ii2) that this Lease there are no uncured defaults in Landlord’s performance and that Tenant has not been cancelled no right of offset, counterclaim, or terminated except as otherwise represented by Landlorddeduction against Rent; (iii3) that not more than one (1) month's Base ’s Rent or other charges have has been paid in advance: ; and (iv4) that Landlord is not as to the truth and accuracy of any other matters set forth in default under the Leasestatement as submitted to Tenant. In addition, Landlord agrees to furnish from time to time when requested by Tenant (but not more than once per calendar year and then only in connection with a Transfer or any financing of Tenant’s Property) a commercially reasonable estoppel certificate signed by Landlord, containing the information set forth above, but modified to reflect Landlord as the party providing such eventcertificate, Tenant shall be estopped and Landlord shall, within thirty (30) days following receipt of said certificate from denying the truth of such factsTenant, return a fully executed copy thereof to Tenant.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective t▇ ▇▇▇ ▇▇ospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Tenant agrees, at any time and from time to time, upon not less than ten (a10) Upon days prior written notice by Landlord's written request, Tenant shall to execute, acknowledge and deliver to Landlord a written statement certifyingestoppel certificate: (i) certifying that none of the terms or provisions of this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, stating how they have been changedthe nature of same); (ii) that this stating the Commencement Date of the Lease has not been cancelled or terminatedTerm; (iii) stating the last date amounts of payment of the Annual Base Rent and other charges Additional Rent and the time period covered dates to which the Annual Base Rent and Additional Rent have been paid by such paymentTenant; (iv) that stating the amount of any Security Deposit, if any; (v) stating whether or not to the best knowledge of Tenant, Landlord is not to Tenant's knowledge in default under in the performance of any covenant, agreement or condition contained in this Lease (orLease, and, if Landlord is claimed so, specifying each such default of which Tenant may have knowledge; (vi) stating that Tenant has no right to setoff and no defense against payment of the Annual Base Rent or Additional Rent, (vii) stating the address to which notices to Tenant should be in default, stating why)sent; and (vviii) certifying such other representations or information with respect to Tenant or matters as may be reasonably requested by Landlord. Any such certificate delivered pursuant hereto may be relied upon by an owner of the Lease as Landlord may reasonably request or which Building, any prospective purchaser or encumbrancer of the Property may requireBuilding, any mortgagee or prospective mortgagee of the Building or of Landlord’s interest therein, or any prospective assignee of any such mortgage. Tenant shall Failure to deliver such statement to Landlord the aforesaid certificate within the ten (10) days after Landlord's request. shall be conclusive upon Tenant for the benefit of Landlord may give and any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement successor to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease is in full force and effect and has not been cancelled or terminated modified except as otherwise may be represented by Landlord; the party requesting the certificate. Further, if Tenant fails to deliver the certificate within the ten (iii10) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such eventdays, Tenant shall be estopped from denying irrevocably constitutes and appoints Landlord as its attorney-in-fact to execute and deliver the truth of such factscertificate to any third party.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations representatives or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (3pea Technologies Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, . stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) -day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) that the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser or encumbrancer of the Property may requireis or becomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's requestLand▇▇▇▇'▇ ▇equest. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.. 19 19
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that the Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord▇▇▇▇▇▇▇▇'s request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement abatement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Lease Agreement (Pemstar Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) -day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped stopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall immediately execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property Premises may require. Tenant shall deliver such statement to Landlord within ten five (105) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten five (10)-day 5) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
(c) Upon the request of Tenant, Landlord shall deliver an estoppel certificate of the same type, and in the same manner as applicable to Tenant pursuant to Sections 11.04(a) and (b).
Appears in 1 contract
Sources: Industrial Real Estate Lease (Planet 13 Holdings Inc.)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations representatives or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such may statement to Landlord within such ten (10)-day 10-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's the written requestrequest of Landlord or any ground lessor, beneficiary of a trust deed or mortgagee, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) that the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser the Premises is or encumbrancer of the Property may requirebecomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's landlord’s request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Tenant hereby makes, constitutes and irrevocably appoints Landlord, and or any prospective purchaser transferee or encumbrancersuccessor of Landlord, may conclusively presume and rely upon the following facts: (i) that the terms and provisions attorney-in-fact of this Lease have Tenant to execute such statement on behalf of Tenant. Tenant’s failure to timely provide such statement shall not been changed except as otherwise represented be deemed cured by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth ’s delivery of such factssame.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Dynamic Health Products Inc)
Estoppel Certificates. (a) Upon Landlord's written request, . Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (iI) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information infom1ation with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord may give Tenant Notice of Tenant's failure to allow Tenant an additional period of five (5) business days to respond. Failure of Tenant to deliver such statement to Landlord within such five (5) day period shall entitle Landlord, and any prospective purchaser or encumbrancer, may to conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten fifteen (1015) days after Landlord▇▇▇▇▇▇▇▇'s request. request Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer encumbrance of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.. Initials______________ ______________
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (LML Payment Systems Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; and (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer encumberancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may be conclusively presume and rely upon the following facts: ; (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented presented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: ; (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of or payment of the Base Rent and other charges and the time period covered by such payment; payment and (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer encumber of the Property. Such purchaser or encumbrancer encumber may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancerencumber, may conclusively presume and rely upon the following facts: ; (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped estoppelled from denying the truth of such facts.
Appears in 1 contract
Estoppel Certificates. Tenant will, from time to time, upon not less than ten (a10) Upon Landlorddays prior request by landlord, and at landlord's written reasonable request, Tenant shall execute, acknowledge acknowledge, and deliver to Landlord a written statement in writing certifying: (i) that none of the terms or provisions of this Lease lease have been changed (or if they have been changed, stating how they have been changed); , (ii) that this Lease has not been cancelled or terminated; , (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: and (iv) that Landlord is not in default under this Lease (or if Tenant claims such a default, setting forth such default in reasonable detail), and (v) such other information with respect to Tenant or this Lease as Landlord may reasonably Request Landlord may deliver such statement to any prospective purchaser or encumbrancer (a "Prospect") of the LeaseProperty. Such Prospect may rely conclusively upon the accuracy of such statement. If Tenant fails to deliver such statement to landlord within such ten (10) day period, landlord, and any Prospect may conclusively presume and rely upon the following: (a) the provisions of this lease have not changed, except as Landlord otherwise represents, (b) not more than one month's Base Rent has been paid in advance, and (c) Landlord is not in default under this lease. In such event, Tenant shall be estopped stopped from denying denying, and may not deny the truth of such facts. Notwithstanding the foregoing, at Landlord's option, Tenant's failure to deliver such statement to landlord within ten (I 0) days after receipt of a request for the same, shall constitute an immediate ·Event of Default" (as defined below in Section 27 of this Lease), without further notice or an opportunity to cure and Landlord shall be entitled to any remedies provided by this Lease, together with all other remedies allowed by Jaw or equity."
Appears in 1 contract
Estoppel Certificates. At any time and from time to time, upon not less than five (a5) Upon business days’ prior notice from Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of certifying the terms or provisions commencement date of this Lease, stating that this Lease have been changed is unmodified and in full force and effect (or if they there have been changedmodifications, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent is in full force and other charges effect as modified and the time period covered by date and nature of each such payment; (iv) modification), that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating whyspecifying the nature of such default); , that Tenant is not in default under this Lease (or, if Tenant is in default, specifying the nature of such default), the current amounts of and (v) the dates to which the Monthly Rent and Additional Rent has been paid, and setting forth such other representations or information with respect to Tenant or the Lease matters as Landlord may be reasonably request or which any requested by Landlord. Any such statement may be conclusively relied upon by a prospective purchaser or encumbrancer of the Real Property may requireor by a lender obtaining a lien on the Real Property as security. If Tenant shall fails to deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any the time required hereunder, such statement by failure shall be conclusive upon Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: that (i) that the terms and provisions of this Lease have not been changed is in full force and effect, without modification except as otherwise may be represented by Landlord; , (ii) that this Lease has not been cancelled or terminated except as otherwise represented by there are no uncured defaults in Landlord; ’s performance of its obligations hereunder, (iii) that not more than one month's Base ’s installment of Monthly Rent or other charges have has been paid in advance: , and (iv) any other statements of fact included by Landlord in such statement are correct. Tenant acknowledges and agrees that its failure to execute such certificate may cause Landlord is not in default serious financial damage by causing the failure of a sale or financing transaction and giving Landlord all of its rights and remedies under Paragraph 25 above, including its right to damages caused by the Lease. In such event, Tenant shall be estopped from denying the truth loss of such factssale or financing.
Appears in 1 contract
Sources: Industrial Lease (Scilex Holding Co)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifyingcertifying to the extent accurate: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's requestLand▇▇▇▇'▇ ▇equest. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.. (See Addendum Section 22)
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following factsfacts to the extent not otherwise known to Landlord: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped stopped from denying the truth of such facts.
Appears in 1 contract
Sources: Lease Agreement (Skechers Usa Inc)
Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: ; (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser the Premises is or encumbrancer of the Property may requirebecomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the PropertyPremises. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Spintek Gaming Technologies Inc \Ca\)
Estoppel Certificates. (a) 11.4.1 Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled canceled or terminated; (iii) that the last date of payment of the Base Rent and other charges Other Charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant matters as may be reasonably required by Landlord or the Lease as Landlord may reasonably request holder of a mortgage, deed of trust or lien to which any prospective purchaser the property is or encumbrancer of the Property may requirebecomes subject. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct.
(b) 11.4.2 If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's Base Rent or other charges Other Charges have been paid in advance: ; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (United Natural Foods Inc)
Estoppel Certificates. Within ten (a10) Upon days after Landlord's written ’s request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changedhow); (ii) that this Lease has not been cancelled canceled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such paymentcovered; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, or if Tenant states that Landlord is claimed to be in default, stating whydescribing it in reasonable detail); and (v) such other representations or information with respect to Tenant or the this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give deliver any such statement by Tenant to any such prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer encumbrancer, which may rely conclusively upon such statement as true and correct.
(b) . If Tenant does not deliver such statement to Landlord within such ten (10)-day 10) day period, Landlord, and any such prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been cancelled canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month's ’s Base Rent or other charges have been paid in advance: ; and (iv) that Landlord is not in default under the this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Alexion Pharmaceuticals Inc)