Common use of Estoppel Statement Clause in Contracts

Estoppel Statement. (a) After request by Agent, Borrower shall within ten (10) Business Days furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, which shall not occur more than one (1) time per calendar year unless a default or an Event of Default then exists, each Individual Borrower shall within ten (10) Business Days days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Applicable Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by such Individual Borrower’s Knowledge as of the date of such statement , and (vvi) that the Note, this Agreement Agreement, the Mortgage and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Each Individual Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered from each commercial Tenant leasing space at its Individual Property in form and substance reasonably satisfactory to Mortgage Lender with respect (in the form attached to the Mortgage Loanapplicable Tenant’s lease, if required pursuant to such Lease) provided that such Individual Borrower shall not be required to deliver such certificates more frequently than one (1) time in any calendar year unless a default or an Event of Default then exists. (c) Within thirty (30) days of a written request by any Individual Borrower, Lender shall deliver to such Individual Borrower a statement setting forth the items described at (a)(i), (ii), (iii) and (iv) of this Section 5.1.15 provided that Lender shall not be required to deliver such certificates more frequently than two (2) times in any calendar year.

Estoppel Statement. (a) After request by AgentLender, Borrower Borrowers shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower Borrowers shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, (provided that Borrower Borrowers shall not only be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in form and substance reasonably satisfactory to Lender; provided, that Borrowers shall not be required to deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower Borrowers shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower Borrowers shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower Borrowers shall cause Mortgage Borrower to deliver to Lender Lender, upon request, tenant estoppel certificates delivered from the Condo Association, in form and substance reasonably satisfactory to Mortgage Lender with respect Lender; provided, that Borrowers shall not be required to deliver such certificates more than three (3) times during the Mortgage LoanTerm and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by Agent, Borrower shall within ten (10) Business Days furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Applicable Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that the Note, this Agreement Agreement, the Security Instrument and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered from each commercial Tenant leasing space at the Property in form and substance reasonably satisfactory to Mortgage Lender with respect provided that Borrower shall not be required to use such efforts to deliver such certificates more frequently than one (1) time in any calendar year, unless an Event of Default then exists and an estoppel signed by the Mortgage LoanMajor Tenant in the form of the estoppel attached as an exhibit or otherwise described in the Major Tenant Lease shall satisfy this requirement. (c) Within thirty (30) days of a written request by Borrower, Lender shall deliver to Borrower a statement setting forth the items described at (a)(i), (ii), (iii), and (iv) of this Section 5.1.15, provided that Lender shall not be required to deliver such certificates more frequently than once in any calendar year. (d) Borrower shall use commercially reasonable efforts to deliver to Lender, upon request, estoppel certificates from the association under the REA, and the City under the TIF Agreement and/or CRA Agreement in form and substance reasonably satisfactory to Lender; provided that such certificates may be in the form required under the REA, TIF Agreement and/or CRA Agreement, as applicable.

Estoppel Statement. (a) After request by AgentLender or Servicer, Borrower shall within ten (10) Business Days (but, provided there exists no Default or Event of Default, no more often than twice during the course of each Fiscal Year of Borrower) furnish Agent with to Lender or Servicer, as applicable, a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the NoteLoan, (ii) the Interest Rateunpaid principal amount of the Loan, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which and (vi) that the Note, this Agreement, the Mortgages and the other Loan Documents are within valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. (b) Borrower shall exercise reasonable best efforts to deliver to Lender or Servicer upon request, tenant estoppel certificates from each space tenant leasing space at the Properties, and shall exercise reasonable best efforts to deliver an estoppel certificate from each ground lessor, each in form and substance reasonably satisfactory to Lender, provided that Borrower shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (c) After request by Borrower’s Knowledge as , but not more than twice during the course of each year, Lender (or Servicer, on behalf of Lender) shall furnish Borrower with a statement setting forth (i) the original principal amount of the Loan, (ii) the unpaid principal amount of the Loan, (iii) the Interest Rate of the Loan, (iv) the date installments of such statement interest and/or principal were last paid, and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by Agent, Borrower shall deliver to Lender, within ten (10) Business Days furnish Agent with after Lender’s written request, a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the NoteLoan, (ii) the Interest Rateunpaid principal amount of the Loan, (iii) the interest rate of the Loan, (iv) the date installments of principal and/or interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (vvi) that this Agreement and the other Loan Documents are valid, legal and binding obligations of Borrower and have not been modified or (or, if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period). (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days after Lender’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, provided that (i) Borrower shall not only be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant, (ii) such estoppel certificate may be in the form required under such Lease, and (iii) after the final Securitization of the Loan, Borrower shall not be required to deliver such certificates estoppel certificate from any Tenant more frequently than three two (32) times in any calendar year. (c) Borrower shall cause Mortgage use commercially reasonable deliver to Lender, within forty-five (45) days after Lender’s request, an estoppel certificate from each party under the REA in form and substance reasonably satisfactory to Lender; provided that (i) Borrower shall only be required to use commercially reasonable efforts to obtain such estoppel certificate and deliver to Agent, upon request, (ii) such estoppel certificates from each party certificate may be in the form required under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs)REA. (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender Lender, upon request, tenant estoppel certificates delivered from the ground lessor, in form and substance reasonably satisfactory to Mortgage Lender with respect Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Mortgage LoanTerm and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After written request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible within thirty (30) days following AgentLender’s written request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto required pursuant to its Lease or otherwise in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three one (31) times time in any calendar yearsix (6) month period. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days following Lender’s written request, an estoppel certificates certificate from each party under any Operations Agreement, the Condominium Board in the form required pursuant to the Condominium Declaration or otherwise in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates certificate more than three one (31) times during the Term and not more frequently than once per calendar year time in any six (or twice during any calendar year in which a Securitization occurs)6) month period. (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three the lesser of (3x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Borrower may be required to obtain such certificates if an Event of Default has occurred and is continuing (subject to the applicable terms of each Lease). (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower use commercially reasonable efforts to deliver to Lender upon Lender, within thirty (30) days of Lender’s request, tenant estoppel certificates delivered from the Ground Lessor, in form and substance reasonably satisfactory to Mortgage Lender with respect Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Mortgage LoanTerm and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (e) Borrower shall use commercially reasonable efforts to deliver to Lender, within thirty (30) days of Lender’s request, estoppel certificates from each Franchisor, in form and substance reasonably satisfactory to Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Applicable Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that the Note, this Agreement Agreement, the Security Instrument and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered from each commercial Tenant leasing space at the Property in form and substance reasonably satisfactory to Mortgage Lender with respect provided that Borrower shall not be required to use such efforts to deliver such certificates more frequently than one (1) time in any calendar year, unless an Event of Default then exists and an estoppel signed by the Mortgage LoanMajor Tenant in the form of the estoppel attached as an exhibit or otherwise described in the Major Tenant Lease shall satisfy this requirement. (c) Within thirty (30) days of a written request by Borrower, Lender shall deliver to Borrower a statement setting forth the items described at (a)(i), (ii), (iii), and (iv) of this Section 5.1.15, provided that Lender shall not be required to deliver such certificates more frequently than once in any calendar year.

Estoppel Statement. (a) After request by AgentLender, Borrower Borrowers shall within ten (10) Business Days days furnish Agent Lender with a statementstatement addressed to Lender, its successors and assigns, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance of the Noteunpaid Principal, (ii) the Interest Rate, (iii) the date installments of interest and/or principal Principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt known to Borrower, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents are in full force and effect and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement deliver more than twice one (1) such estoppels per year, unless (i) an Event of Default is then continuing or (ii) if required in any twelve (12)-month periodconnection with a Securitization. (b) Borrower shall cause Mortgage Borrower After request by Lender, subject to the terms, conditions and limitations under the Condominium Documents, Borrowers shall, use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three Lender within ten (310) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, Business Days estoppel certificates from each party under any Operations AgreementCondo Association, in form and substance reasonably satisfactory to Agent; substantially the same as the estoppel certificate delivered by such Condo Association in connection with the origination of the Loan, provided, that Borrower Borrowers shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (dc) After request by Borrower, Lender shall within ten (10) days furnish Borrower with a statement addressed to Borrower, its successors and assigns, duly acknowledged and certified, setting forth (i) the unpaid principal, (ii) the Interest Rate, (iii) the date installments of interest and/or Principal were last paid, (iv) that it knows of no defaults under the Loan and (v) that the Loan Documents are in full force and effect and have not been modified or if modified, giving particulars of such modification. Lender shall cause Mortgage Borrower not be required to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loanmore than two (2) such estoppels per year.

Estoppel Statement. (a) After written request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance amount of the original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note as of the date of such certificate, (iii) the Applicable Interest Rate of the Note as of the date of such certificate, (iv) the date installments of interest and/or principal were last paid, (ivv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge Debt as of the date of such statement certificate, if any, and (vvi) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an ; and upon request by Borrower, Lender shall within ten (10) days furnish Borrower with a statement, duly authorized and certified setting forth items (i), (ii), (iii) and (iv) above, and whether, to Lender's knowledge, there then exists any Default or Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month periodDefault. (b) Borrower shall, or shall cause Mortgage Borrower to to, use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered from each commercial tenant leasing space at the Property in form and substance reasonably satisfactory to Lender provided that Borrower shall not be required to deliver, or to cause Mortgage Lender with respect Borrower to the Mortgage Loandeliver, such certificates more frequently than once in any calendar year.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and Agreement, the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease); provided that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times once in any calendar yearyear (or twice during any calendar year in which a Securitization occurs). (cd) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, the REA; provided that such certificates may be in the form and substance reasonably satisfactory to Agentrequired under the REA; provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term term of the Loan and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten fifteen (1015) Business Days days furnish Agent Lender with a statement, duly acknowledged and certifiedcertified by Borrower, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Interest Rate of the Note, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, of which are within Borrower’s Knowledge as of the date of such statement Borrower has Actual Knowledge, and (vvi) that the Note, this Agreement Agreement, the Mortgage and the other Loan Documents are in full force and effect and remain binding obligations of Borrower and each other Loan Party thereto and have not been modified or if modified, giving particulars of such modification. Except during the continuance of , provided, that unless an Event of Default or prior to the full Securitization of the Loanshall be continuing, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three two (32) times in any calendar year. (cb) After request by Borrower, Lender shall within fifteen (15) days furnish Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain with a statement, duly acknowledged and deliver to Agentcertified by Lender, upon requestsetting forth (i) the original principal amount of the Note, estoppel certificates from each party under any Operations Agreement(ii) the unpaid principal amount of the Note, in form (iii) the Interest Rate of the Note, and substance reasonably satisfactory to Agent; provided(iv) the date installments of interest and/or principal were last paid, provided that Borrower Lender shall not be required to cause Mortgage Borrower to deliver such certificates more frequently than once in any calendar year. (c) Operating Lessee shall use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered from each commercial tenant to Mortgage Lender with respect which it leases space at the Property in form and substance reasonably satisfactory to the Mortgage LoanLender, subject to all estoppel terms (if any) contained in such Tenant’s Lease, provided that unless an Event of Default shall be continuing, Borrower shall not be required to deliver such certificates more frequently than two (2) times in any calendar year.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. EAST\53909776.4 (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease); provided, that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; and provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three two (32) times in any calendar yearconsecutive 12 months. (cd) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agentthe REA; provided, that such certificates may be in the form required under the REA; and, provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs)year. (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After written request by AgentLender, Borrower shall within ten (10) Business Days (but no more than once in any twelve (12) month period other than if an Event of Default exists or if needed in connection with a Securitization) furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance original principal amount of the Note, (ii) the Interest Rateunpaid principal amount of the Note, (iii) the Spread, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that the Note, this Agreement Agreement, the Mortgages and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. Except during . (b) After written request by Lender, Borrower shall request and use commercially reasonable efforts to furnish to Lender a tenant estoppel certificate from Master Tenant substantially in the continuance of an Event of Default form delivered on or prior to the full Securitization of the Loan, Closing Date and from each other Tenant under a Major Lease; provided that (i) Borrower shall not be required to provide deliver such statement certificate prior to the first anniversary of the Closing Date or more frequently than twice once in any twelve (12)-month period. 12) month period other than if an Event of Default exists, if specifically required pursuant to the other provisions of this Agreement or if needed in connection with a Securitization and (bii) in no event shall Borrower's failure to obtain any such estoppel certificate pursuant to this Section 5.1.15(b) or otherwise constitute a Default or Event of Default under the Loan Documents if Borrower shall cause Mortgage Borrower to use has used commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar yearsame. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentEach party hereunder shall, Borrower shall within ten (10) Business Days following a request of the other party hereto, furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, and (iv) in the case of a statement furnished by Borrower, any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease in form and substance reasonably satisfactory to Lender (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease); provided that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; and provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three two (32) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, an estoppel certificates certificate from each party under any Operations Agreement, Ground Lessor in form and substance reasonably satisfactory to AgentLender; provided that such certificate may be in the form required under such Lease; and provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more frequently than three two (32) times during the Term and not more frequently than once per calendar year (or twice during in any calendar year in which a Securitization occurs)year. (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, provided no Event of Default exists, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note, (iii) the date installments of interest and/or principal were last paid and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall cause Mortgage deliver to Lender, upon written request, an estoppel certificate from each party under each Material Agreement and each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each any Tenant not required to provide an estoppel certificate under any Lease its Lease); provided that such certificate may be in the form of Schedule XI attached hereto required under such Material Agreement or in such other form reasonably acceptable to AgentLease; provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three two (32) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (other than in connection with an Event of Default or twice during any calendar year in which a Securitization occursSecuritization). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by Agent, Borrower shall within ten (10) Business Days furnish Agent with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI VIII attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender Lender, upon request, tenant estoppel certificates delivered from the Ground Lessor, in form and substance reasonably satisfactory to Mortgage Lender with respect Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Mortgage LoanTerm and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, and (iv) whether or not Lender has sent any notice of default under the Loan Documents which remains uncured in the opinion of Lender. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease); provided, that such certificate may be in the form of Schedule XI attached hereto or in required under such other form reasonably acceptable to AgentLease; and provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three two (32) times in any calendar yearconsecutive 12 months. (cd) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agentthe REA; provided, that such certificates may be in the form required under the REA; and, provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs)year. (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days days furnish Agent Lender with a statementstatement addressed to Lender, its successors and assigns, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance of the Noteunpaid Principal, (ii) the Interest Rate, (iii) the date installments of interest and/or principal Principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s request, an estoppel certificate from each Tenant under any Lease in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (dc) Borrower shall cause Mortgage Borrower to deliver to Lender Lender, upon request, tenant estoppel certificates delivered from Franchisor, in form and substance reasonably satisfactory to Mortgage Lender with respect Lender; provided, that Borrower shall not be required to deliver such certificates more than three (3) times during the Mortgage LoanTerm and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs).

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating setting forth, to Borrower’s knowledge, (i) the Outstanding Principal Balance original principal amount of the NoteLoan, (ii) the Interest Rateunpaid principal amount of the Loan, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (ivv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within claimed by Borrower’s Knowledge as of the date of such statement , and (vvi) that the Notes, this Agreement Agreement, the Security Instruments and the other Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower and Operating Lessee shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, as promptly as possible following Agent’s Lender upon request, an tenant estoppel certificate certificates from each commercial Tenant under any leasing space at the Properties pursuant to a Major Lease if required pursuant to such Lease in form and substance provided in connection with the form closing of Schedule XI attached hereto the Loan, or in such other form consistent with the terms of the applicable Lease, or otherwise reasonably acceptable satisfactory to AgentLender; provided, provided that Borrower and Operating Lessee shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three one (31) times time in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered from the Board of each Condominium in form and substance provided in connection with the closing of the Loan, or consistent with the terms of the applicable Condominium Documents, or otherwise reasonably satisfactory to Mortgage Lender with respect to the Mortgage LoanLender.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten (10) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the NoteLoan, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any known offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower and Operating Lessee shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agentwithin thirty (30) days of Lender’s request, an estoppel certificate from each Tenant tenant under any Lease in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that neither Borrower nor Operating Lessee shall not be required to cause Mortgage deliver such certificates more frequently than the lesser of (x) two (2) times in any calendar year or (y) the number of requests permitted to be made under the applicable Lease in any calendar year; provided, however, that there will be no limit on the number of times Borrower and Operating Lessee may be required to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three if an Event of Default has occurred and is continuing (3) times in any calendar yearsubject to the applicable terms of each Lease). (c) Borrower and Operating Lessee shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon within thirty (30) days of Lender’s request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that neither Borrower nor Operating Lessee shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After Lender and Borrower each shall, within thirty (30) days of written request by Agentfrom a third party, Borrower shall within ten (10) Business Days furnish Agent such third party with a statement, duly acknowledged and certified, stating setting forth (i) the Outstanding Principal Balance of the NoteBalance, (ii) the Applicable Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that the Note, this Agreement, the Pledge Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) At Lender’s request (which may be made no more than one (1) time in any calendar year), Borrower shall cause request tenant estoppel certificates from each commercial tenant leasing space at the Property in the form required by such tenant’s lease or, at Borrower’s election, in the form previously accepted by Lender. (c) Borrower shall request, upon five (5) Business Days’ notice from Lender, estoppel certificates from each party under the Mortgage Loan Documents; provided, that such certificates may be in the form required under the Mortgage Loan Documents. (d) Borrower to shall use all commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s requestwithin ten (10) days after any request by Lender, an estoppel certificate certificates from each Tenant under the Existing Condominium Board and/or the association formed pursuant to any Lease Amended Condominium Documents; provided that such certificates may be in the form of Schedule XI attached hereto required under Existing Condominium Documents or in such other form reasonably acceptable to Agent; any Amended Condominium Documents, as the case may be, and provided, further, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three (3) times in any calendar year. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to Agent, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to Agent; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance unpaid principal amount of the Note, (ii) the Interest RateRate of the Note, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the ObligationsDebt, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) After request by Borrower, Lender shall within ten (10) Business Days furnish Borrower with a statement, duly acknowledged and certified, stating (i) the unpaid principal amount of the Note, (ii) the Interest Rate of the Note and (iii) the date installments of interest and/or principal were last paid. (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease); provided that such certificate may be in the form of Schedule XI attached hereto or in such other form reasonably acceptable to Agentrequired under the Lease (as applicable); provided, provided further that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three two (32) times in any calendar yearyear (other than in connection with an Event of Default or a Securitization). (cd) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, an estoppel certificates from each party under any Operations Agreementcertificate or comfort letter, in form and substance reasonably satisfactory acceptable to AgentLender, from Franchisor; provided, provided that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three (3) times during the Term term of the Loan and not more frequently than once per calendar year (other than in connection with an Event of Default, a Securitization or the execution of a Replacement Franchise Agreement). (e) Borrower shall deliver to Lender, upon request, estoppel certificates from each party under the REA; provided that such certificates may be in the form required under the REA; provided further that Borrower shall not be required to deliver such certificates more than three (3) times during the term of the Loan and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.

Estoppel Statement. (a) After request by AgentLender, Borrower shall within ten five (105) Business Days furnish Agent Lender with a statement, duly acknowledged and certified, stating (i) the Outstanding Principal Balance of the Note, (ii) the Interest Rate, (iii) the date installments of interest and/or principal were last paid, (iv) any offsets or defenses to the payment and performance of the Obligations, if any, which are within Borrower’s Knowledge as of the date of such statement and (v) that this Agreement and the other Loan Documents have not been modified or if modified, giving particulars of such modification. Except during the continuance of an Event of Default or prior to the full Securitization of the Loan, Borrower shall not be required to provide such statement more than twice in any twelve (12)-month period. (b) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, as promptly as possible following Agent’s upon request, an estoppel certificate from each Tenant under any Lease (provided that Borrower shall only be required to use commercially reasonable efforts to obtain an estoppel certificate from any Tenant not required to provide an estoppel certificate under its Lease) in the form of Schedule XI attached hereto or in such other form and substance reasonably acceptable satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver such certificates more frequently than three one (31) times time in any calendar yearyear (or twice during any calendar year in which a Securitization occurs). (c) Borrower shall cause Mortgage Borrower to use commercially reasonable efforts to obtain and deliver to AgentLender, upon request, estoppel certificates from each party under any Operations Agreement, in form and substance reasonably satisfactory to AgentLender; provided, that Borrower shall not be required to cause Mortgage Borrower to use commercially reasonable efforts to deliver such certificates more than three one (31) times time during the Term and not more frequently than once per calendar year (or twice during any calendar year in which a Securitization occurs). (d) Borrower shall cause Mortgage Borrower to deliver to Lender upon request, tenant estoppel certificates delivered to Mortgage Lender with respect to the Mortgage Loan.