Common use of Estoppel Statements Clause in Contracts

Estoppel Statements. (a) After written request by Lender from time to time, Borrowers shall within ten (10) days furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Loan, (ii) the Outstanding Principal Balance, (iii) the Interest Rate of the Loan, (iv) the date installments of interest and/or principal were last paid, (v) any offsets or defenses to the payment of the Debt or the performance of the Other Obligations, if any, and (vi) that the Note, this Agreement, the Pledge Agreements and the other Loan Documents are valid, legal and binding obligations of Borrowers and have not been modified or if modified, giving particulars of such modification. (b) Borrowers shall deliver to Lender upon written request from time to time, tenant estoppel certificates from each commercial tenant leasing space at the Properties or any part thereof in form and substance reasonably satisfactory to Lender, provided, however, that Borrowers shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (c) Borrowers shall cause Tower Mortgage Borrower and/or Garage Mortgage Borrower, as applicable, to deliver to Lender upon written request from time to time, estoppel certificates from each of (i) the Operating Partnership and (ii) the respective Mortgage Borrower, with respect to the Tower Master Lease and/or Garage Master Lease, as applicable, in form and substance reasonably satisfactory to Lender, provided, however, that the respective Borrowers shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (d) After request by Lender, Borrowers shall, within ten (10) days, furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Mortgage Loan, (ii) the unpaid principal amount of the Mortgage Loan, (iii) the interest rate of the Mortgage Loan, (iv) the date installments of interest and/or principal were last paid on the Mortgage Loan, (v) any offsets or defenses to the payment of the Mortgage Loan, if any, and (vi) that the Mortgage Loan Documents are valid, legal and binding obligations of Mortgage Borrowers and have not been modified or if modified, giving particulars of such modification.

Estoppel Statements. (a) After written request by Lender from time to time, Borrowers shall within Within ten (10) days after request by Lender to Borrower, Borrower shall furnish to Lender with a statement, duly acknowledged and certified, certified and setting forth (iA) the original principal amount of the LoanNote, (iiB) the Outstanding Principal Balanceunpaid principal amount of the Note, (iiiC) the Applicable Interest Rate of the LoanNote, (ivD) the date on which installments of interest and/or and principal were last paid, (vE) the terms of payment, (F) any offsets or defenses to the payment of the Debt or the performance of the Other ObligationsLoan, if any, and (viG) that the Note, this Agreement, the Pledge Agreements Agreement and the other Loan Documents are valid, legal and binding obligations of Borrowers the Loan Parties, and have not been modified or Amended or, if modifiedAmended, giving particulars of such modification. Amendment (bH) Borrowers that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Loan Documents, (I) whether or not, to the best knowledge of the Loan Parties and applicable Property Owner, any of the tenants under the Leases are in default under the Leases, and, if any of the tenants are in default, setting forth the specific nature of all such defaults, and (J) as to any other matters reasonably requested by Lender. Upon Lender’s request, Borrower shall deliver cause the applicable Property Owner to Lender upon written (to the extent the applicable Property Owner has the right to obtain the same under the Leases) promptly request from time to timewithin five (5) Business Days, tenant estoppel certificates from each commercial tenant leasing space at and thereafter use commercially reasonable efforts (including, without limitation, the Properties or expenditure of any part thereof in form and substance money reasonably satisfactory to Lender, provided, however, that Borrowers shall not be required to deliver such certificates more frequently than two (2enforce tenants’ obligations under all Leases) times in any calendar year. (c) Borrowers shall cause Tower Mortgage Borrower and/or Garage Mortgage Borrower, as applicable, to deliver to Lender upon written request from time to timeobtain, estoppel certificates from each of (i) any one or more tenants identified by Lender attesting to such facts regarding the Operating Partnership and (ii) Lease as required by the respective Mortgage Borrower, with respect to applicable Lease or if no form is required by the Tower Master Lease and/or Garage Master applicable Lease, attesting to such facts regarding the Lease as applicable, in form and substance may be reasonably satisfactory to Lender, provided, however, that the respective Borrowers shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (d) After request requested by Lender, Borrowers shall, within ten (10) days, furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Mortgage Loan, (ii) the unpaid principal amount of the Mortgage Loan, (iii) the interest rate of the Mortgage Loan, (iv) the date installments of interest and/or principal were last paid on the Mortgage Loan, (v) any offsets or defenses to the payment of the Mortgage Loan, if any, and (vi) that the Mortgage Loan Documents are valid, legal and binding obligations of Mortgage Borrowers and have not been modified or if modified, giving particulars of such modification.

Estoppel Statements. (a) After written request by Lender from time to time, Borrowers shall within Within ten (10) days after request by Lender to Borrower, Borrower shall furnish to Lender with a statement, duly acknowledged and certified, certified and setting forth (iA) the original principal amount of the LoanNote, (iiB) the Outstanding Principal Balanceunpaid principal amount of the Note, (iiiC) the Applicable Interest Rate of the LoanNote, (ivD) the date on which installments of interest and/or and principal were last paid, (vE) the terms of payment, (F) any offsets or defenses to the payment of the Debt or the performance of the Other ObligationsLoan, if any, and (viG) that the Note, this Agreement, the Pledge Agreements Agreement and the other Loan Documents are valid, legal and binding obligations of Borrowers the Loan Parties, and have not been modified or Amended or, if modifiedAmended, giving particulars of such modification. Amendment, (bH) Borrowers that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Loan Documents, (I) whether or not, to the best knowledge of the Loan Parties and Property Owner, any of the tenants under the Leases are in default under the Leases, and, if any of the tenants are in default, setting forth the specific nature of all such defaults, and (J) as to any other matters reasonably requested by Lender. Upon Lender’s request, Borrower shall deliver cause the Property Owner to Lender upon written (to the extent the Property Owner has the right to obtain the same under the Leases) promptly request from time to timewithin five (5) Business Days, tenant estoppel certificates from each commercial tenant leasing space at and thereafter use commercially reasonable efforts (including, without limitation, the Properties or expenditure of any part thereof in form and substance money reasonably satisfactory to Lender, provided, however, that Borrowers shall not be required to deliver such certificates more frequently than two (2enforce tenants’ obligations under all Leases) times in any calendar year. (c) Borrowers shall cause Tower Mortgage Borrower and/or Garage Mortgage Borrower, as applicable, to deliver to Lender upon written request from time to timeobtain, estoppel certificates from each of (i) any one or more tenants identified by Lender attesting to such facts regarding the Operating Partnership and (ii) Lease as required by the respective Mortgage Borrower, with respect to applicable Lease or if no form is required by the Tower Master Lease and/or Garage Master applicable Lease, attesting to such facts regarding the Lease as applicable, in form and substance may be reasonably satisfactory to Lender, provided, however, that the respective Borrowers shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (d) After request requested by Lender, Borrowers shall, within ten (10) days, furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Mortgage Loan, (ii) the unpaid principal amount of the Mortgage Loan, (iii) the interest rate of the Mortgage Loan, (iv) the date installments of interest and/or principal were last paid on the Mortgage Loan, (v) any offsets or defenses to the payment of the Mortgage Loan, if any, and (vi) that the Mortgage Loan Documents are valid, legal and binding obligations of Mortgage Borrowers and have not been modified or if modified, giving particulars of such modification.

Estoppel Statements. (a) After written request by Lender from time to time, Borrowers shall within Within ten (10) days after request by Lender to Borrower, Borrower shall furnish to Lender with a statement, duly acknowledged and certified, certified and setting forth (iA) the original principal amount of the LoanNote, (iiB) the Outstanding Principal Balanceunpaid principal amount of the Note, (iiiC) the Applicable Interest Rate of the LoanNote, (ivD) the date on which installments of interest and/or and principal were last paid, (vE) the terms of payment, (F) any offsets or defenses to the payment of the Debt or the performance of the Other ObligationsLoan, if any, and (viG) that the Note, this Agreement, the Pledge Agreements Agreement and the other Loan Documents are valid, legal and binding obligations of Borrowers the Loan Parties, and have not been modified or Amended or, if modifiedAmended, giving particulars of such modification. Amendment (bH) Borrowers that, except as provided in such statement, there are no defaults or events which with the passage of time or the giving of notice or both, would constitute an event of default under the Loan Documents, (I) whether or not, to the best knowledge of the Loan Parties and applicable Expanded Property Owner, any of the tenants under the Leases are in default under the Leases, and, if any of the tenants are in default, setting forth the specific nature of all such defaults, and (J) as to any other matters reasonably requested by Lender. Upon Lender's request, Borrower shall deliver cause the applicable Expanded Property Owner to Lender upon written (to the extent the applicable Expanded Property Owner has the right to obtain the same under the Leases) promptly request from time to timewithin five (5) Business Days, tenant estoppel certificates from each commercial tenant leasing space at and thereafter use commercially reasonable efforts (including, without limitation, the Properties or expenditure of any part thereof in form and substance money reasonably satisfactory to Lender, provided, however, that Borrowers shall not be required to deliver such certificates more frequently than two (2enforce tenants' obligations under all Leases) times in any calendar year. (c) Borrowers shall cause Tower Mortgage Borrower and/or Garage Mortgage Borrower, as applicable, to deliver to Lender upon written request from time to timeobtain, estoppel certificates from each of (i) any one or more tenants identified by Lender attesting to such facts regarding the Operating Partnership and (ii) Lease as required by the respective Mortgage Borrower, with respect to applicable Lease or if no form is required by the Tower Master Lease and/or Garage Master applicable Lease, attesting to such facts regarding the Lease as applicable, in form and substance may be reasonably satisfactory to Lender, provided, however, that the respective Borrowers shall not be required to deliver such certificates more frequently than two (2) times in any calendar year. (d) After request requested by Lender, Borrowers shall, within ten (10) days, furnish Lender with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Mortgage Loan, (ii) the unpaid principal amount of the Mortgage Loan, (iii) the interest rate of the Mortgage Loan, (iv) the date installments of interest and/or principal were last paid on the Mortgage Loan, (v) any offsets or defenses to the payment of the Mortgage Loan, if any, and (vi) that the Mortgage Loan Documents are valid, legal and binding obligations of Mortgage Borrowers and have not been modified or if modified, giving particulars of such modification.