Common use of TENANT'S ESTOPPEL CERTIFICATE Clause in Contracts

TENANT'S ESTOPPEL CERTIFICATE. At any time within thirty (30) days after written request by Landlord, Tenant shall certify to Landlord, any mortgagee, assignee of a mortgagee, any purchaser, or any other person, specified by Landlord, by written instrument, duly executed and acknowledged, (a) whether or not Tenant is in possession of the Demised Premises; (b) whether or not this Lease is unmodified and in full force and effect (or if there has been modification, that the same is in full force and effect as modified and setting forth such modification); (c) whether or not, to Tenant's knowledge, there are then existing set-offs or defenses against the enforcement of any right or remedy of Landlord, or any duty or obligation of Tenant (and if so, specifying the same); (d) the dates, if any, to which any Rent or other charges have been paid in advance; and (e) such other factual matters relating to this Lease as may be reasonably requested by Landlord, any mortgagee or any of their designees. At any time within thirty (30) days after written request by Tenant, Landlord shall certify to Tenant or any other person reasonably specified by Tenant, by written instrument, duly executed and acknowledged, (a) whether or not this Lease is unmodified and in full force and effect (or if there has been modification, that the same is in full force and effect as modified and setting forth such modification); (b) whether or not, to Landlord's knowledge, Tenant is in default under the Lease; and (c) such other factual matters relating to this Lease as may be reasonably requested by Tenant.

Appears in 2 contracts

Samples: Genta Incorporated /De/, Genta Incorporated /De/

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TENANT'S ESTOPPEL CERTIFICATE. At Tenant agrees at any time (but not more frequently than two (2) times within thirty any twelve (3012) mouth period), within ten (10) business days after Landlord's written request by Landlordrequest, Tenant shall certify to Landlordexecute, any mortgagee, assignee acknowledge and deliver to Landlord a written instrument in recordable form certifying to Landlord and/or its designee that to the best of a mortgagee, any purchaser, or any other person, specified by Landlord, by written instrument, duly executed and acknowledged, (a) whether or not Tenant is in possession of the Demised Premises; (b) whether or not Tenant's knowledge this Lease is unmodified and in full force and effect (or if there has have been modificationmodifications, that to the same best of Tenant's knowledge it is in full force and effect as modified and setting forth such modificationstating the modifications); (c) whether or not, to Tenant's knowledge, there are then existing set-offs or defenses against and the enforcement of any right or remedy of Landlord, or any duty or obligation of Tenant (and if so, specifying the same); (d) the dates, if any, dates to which any Rent or Minimum Rent, additional rent and other charges have been paid in advance; , if any, stating and representing (eif such be the case) that Tenant has unconditionally accepted the Premises and is conducting its business therein, and stating whether or not to the best knowledge of the signer of such certificate Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge, and stating such other factual matters relating or further information with respect to this Lease or the Premises as may be reasonably requested (provided that Tenant shall not be required to divulge any confidential information relating to Tenant's business operations), it being intended that any such statement delivered pursuant to this Section may be relied upon by Landlord, any prospective purchaser of the fee or any mortgagee thereof or any assignee of their designees. At Landlord's interest in this Lease or of any time within thirty (30) days after written request by Tenantmortgage upon the fee of the Premises, Landlord shall certify to Tenant or any other person reasonably specified by Tenant, by written instrument, duly executed and acknowledged, (a) whether or not this Lease is unmodified and in full force and effect (or if there has been modification, that the same is in full force and effect as modified and setting forth such modification); (b) whether or not, to Landlord's knowledge, Tenant is in default under the Lease; and (c) such other factual matters relating to this Lease as may be reasonably requested by Tenantpart thereof.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

TENANT'S ESTOPPEL CERTIFICATE. At any From time within thirty (30) days after to time, upon written request by of Landlord, Tenant shall certify execute, acknowledge and deliver to LandlordLandlord or its designee, any mortgageea statement certifying, assignee of a mortgagee, any purchaser, or any among other person, specified by Landlord, by written instrument, duly executed and acknowledged, things: (ai) whether or not Tenant is in possession of the Demised Premises; (b) whether or not that this Lease is unmodified and is in full force and effect (or if there have been modifications, stating the modifications, including any amendments to the Lease; (ii) the dates to which Rent has been modification, that the same is in full force and effect as modified and setting forth such modification)paid; (ciii) whether or not, to Tenant's knowledge, there are then existing set-offs not Landlord or defenses against the enforcement Tenant is in violation of any right or remedy of Landlordits obligations under this Lease and, or any duty or obligation of Tenant (and if so, specifying the same)nature of each such violation; (d) the dates, if any, to which any Rent or other charges have been paid in advance; and (e) such other factual matters relating to this Lease as may be reasonably requested by Landlord, any mortgagee or any of their designees. At any time within thirty (30) days after written request by Tenant, Landlord shall certify to Tenant or any other person reasonably specified by Tenant, by written instrument, duly executed and acknowledged, (aiv) whether or not this Lease is unmodified and in full force and effect (any event has occurred which, with the giving of notice, the passage of time, or both, would constitute such a violation by Landlord or Tenant and, if there has been modificationso, that specifying the same is in full force and effect as modified and setting forth nature of each such modification); (b) whether or notevent, to Landlord's knowledge, Tenant is in default under the Lease; and (cv) such other factual matters relating to information concerning this Lease as Landlord may reasonably request (the “Estoppel Certificate”). Any such Estoppel Certificate delivered pursuant to this Paragraph 29 may be reasonably requested relied upon by Tenanta prospective purchaser of Landlord’s interest or a mortgagee of Landlord’s interest or assignment of any mortgage upon Landlord’s interest in the Premises. If Tenant shall fail to provide such certificate within ten (10) days of receipt by Tenant of a written request by Landlord as herein provided, such failure shall, at Landlord’s election, constitute a Default under this Lease, and Tenant shall be deemed to have given such certificate as above provided without modification and shall be deemed to have admitted the accuracy of any information supplied by Landlord to a prospective purchaser or mortgagee.

Appears in 1 contract

Samples: Lease Agreement (OMNICELL, Inc)

TENANT'S ESTOPPEL CERTIFICATE. At Tenant agrees, at any time time, and from time-to-time, within thirty ten (3010) business days after written request by Landlord, Tenant shall certify to execute, acknowledge and deliver to Landlord, any mortgagee, assignee of a mortgagee, any purchaser, or any statement in writing addressed to Landlord and/or to such other person, specified by Landlord, by written instrument, duly executed and acknowledged, party(ies) as Landlord may designate: (ai) whether or not Tenant is in possession of the Demised Premises; (b) whether or not certifying that this Lease is unmodified and in full force and effect (or or, if there has have been modificationmodifications, that the same is in full force and effect as modified and setting forth such modificationstating the modifications); , (cii) whether or notstating the dates to which the Fixed Rent, additional rent and other charges have been paid, (iii) stating whether, to the best knowledge of Tenant's knowledge, there are then existing set-offs or defenses against exists any default by Landlord in the enforcement performance of any right covenant, agreement, term, provision or remedy of Landlordcondition contained in this Lease, or any duty or obligation of Tenant (and and, if so, specifying the same); (d) the dateseach such default of which Tenant may have knowledge, if any, to which any Rent or other charges have been paid in advance; and (eiv) setting forth such other factual matters relating to information as Landlord may reasonably request concerning this Lease as Lease, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by Landlord or a purchaser of Landlord's interest and by any Mortgagee, or prospective Landlord’s Mortgagee, of any mortgage affecting the Demised Premises, any part thereof or any interest therein and by any overlandlord or prospective overlandlord under any underlying lease affecting the Demised Premises, any part thereof or any interest therein, and by any mortgagee or prospective mortgagee of any of their designees. At any time within thirty (30) days after written request by Tenant, Landlord shall certify to Tenant or any other person reasonably specified by Tenant, by written instrument, duly executed and acknowledged, (a) whether or not this Lease is unmodified and in full force and effect (or if there has been modification, that the same is in full force and effect as modified and setting forth such modification); (b) whether or not, to Landlord's knowledge, Tenant is in default under the Lease; and (c) such other factual matters relating to this Lease as may be reasonably requested by Tenantunderlying lease.

Appears in 1 contract

Samples: Lease Agreement (GTJ REIT, Inc.)

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TENANT'S ESTOPPEL CERTIFICATE. At any time within thirty and from time to time upon not less than fifteen (3015) days after written request days' prior notice by LandlordLandlord to Tenant, Tenant shall certify shall, without charge, execute, acknowledge and deliver to LandlordLandlord a statement, any mortgagee, assignee of a mortgagee, any purchaser, or any other person, specified by Landlord, by written instrument, duly executed and acknowledged, certifying whether (ai) whether or not Tenant is in possession of the Demised Premises; (b) whether or not this Lease is unmodified and in full force and effect (or if there has have been modificationmodifications, that whether the same is in full force and effect as modified and setting forth such modificationstating the modifications); , (cii) the Term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if so, the dates to which they have been paid, (iii) whether or not, to Tenant's the knowledge of the signer of such certificate, Landlord is in default in performance of any of the terms of this lease and, if so, specifying each such default of which the signer may have knowledge, there are (iv) Tenant has accepted possession of the Premises, (v) Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) Tenant then existing set-offs claims any offsets or defenses against the enforcement of any right or remedy of Landlord, or any duty or obligation the terms of this Lease upon the part of Tenant (and to be performed, and, if so, specifying the same); (d) the dates, if any, to which any Rent or other charges have been paid in advance; and (evii) such other factual matters relating further information with respect to this the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant hereto may be reasonably requested relied upon by Landlordany prospective purchaser of the Real Property or any part thereof or of the interest of Landlord in any part thereof, by any mortgagee or any of their designees. At any time within thirty (30) days after written request by Tenant, Landlord shall certify to Tenant or any other person reasonably specified by Tenantprospective mortgagee thereof, by written instrumentany lessor or prospective lessor thereof, duly executed and acknowledgedby any lessee or prospective lessee thereof, (a) whether or not this Lease is unmodified and in full force and effect (or if there has been modification, that the same is in full force and effect as modified and setting forth such modification); (b) whether or not, to Landlord's knowledge, Tenant is in default under the Lease; and (c) such other factual matters relating to this Lease as may be reasonably requested by Tenantany prospective assignee of any mortgage thereof.

Appears in 1 contract

Samples: Lease (Dress Barn Inc)

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