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Contract analysis / psa-exhibit-e-form-tenant-estoppel-certificate.docx
psa-exhibit-e-form-tenant-estoppel-certificate.docx
1036-00004 · 15 clauses
High · 1 Medium · 6 Standard · 2
Section 1 — Lease Identification Medium
⚑ Assignment / subcontracting
Section 1 — Lease Identification 1.1 Tenant is the tenant under that certain lease agreement dated [___] (the "Original Lease"), between [Insert name of original landlord or Owner], as landlord ("Landlord"), and [Insert full legal name of Tenant], as tenant, for premises located at [Insert suite number and/or unit designation] at [Insert street address of the Property] (the "Premises"), which Premises are situated wi
Section 2 — Lease Term
Section 2 — Lease Term 2.1 The commencement date of the Lease (the "Commencement Date") was [___]. 2.2 The current expiration date of the Lease (the "Expiration Date") is [___], subject only to the renewal, extension, or early termination rights, if any, described in this Section 2. The current term of the Lease is in full force and effect. 2.3 Tenant [has / has not] exercised any renewal or extension option(s) under
Section 3 — Premises Medium
⚑ Assignment / subcontracting
Section 3 — Premises 3.1 The Premises consist of approximately [___] rentable square feet, as set forth in the Lease. Tenant does not dispute the rentable square footage of the Premises as specified in the Lease. 3.2 Tenant has accepted the Premises, is in actual occupancy and possession of the entire Premises, and Landlord has substantially completed all tenant improvement, build-out, and construction obligations un
Section 4 — Rent and Other Charges Medium
⚑ Assignment / subcontracting
Section 4 — Rent and Other Charges 4.1 The current monthly base rent payable under the Lease is $[__] per month ($[__] per annum). This amount reflects all base rent escalations, adjustments, and step-ups that have taken effect as of the date of this estoppel certificate. 4.2 Base rent has been paid through [__], 20[_]. No base rent has been paid more than one (1) month in advance of its due date. Tenant is not aware
Section 5 — Security Deposit Standard
⚑ Commercial term
Section 5 — Security Deposit 5.1 The amount of the security deposit currently held by Landlord (or Landlord's agent) under the Lease is $[___]. 5.2 The security deposit is held in the form of: [Cash / irrevocable standby letter of credit (identify issuing bank, letter of credit number, and expiration date) / other — describe] 5.3 Landlord [has / has not] drawn upon or applied any portion of the security deposit. If a
Section 6 — Defaults
Section 6 — Defaults 6.1 To Tenant's actual knowledge (without inquiry or investigation), Tenant is not in default under the Lease, and no event has occurred and no condition exists which, with the giving of notice, the lapse of time, or both, would constitute a default by Tenant under the Lease. [Except: ___] 6.2 To Tenant's actual knowledge (without inquiry or investigation), Landlord is not in default under the Le
Section 7 — Landlord Obligations Medium
⚑ Notice / time limit to track
Section 7 — Landlord Obligations 7.1 Landlord has performed and satisfied all construction, build-out, tenant improvement, and delivery obligations under the Lease, including, without limitation, any obligations under any work letter, construction exhibit, or tenant improvement agreement attached to or forming a part of the Lease. [Except: ___] 7.2 There are no outstanding or unfulfilled Landlord obligations to repai
Section 8 — Bankruptcy and Litigation Medium
⚑ Forum / governing law
Section 8 — Bankruptcy and Litigation 8.1 No petition has been filed by or against Tenant under the United States Bankruptcy Code (11 U.S.C. §§ 101 et seq.) or any analogous state insolvency, reorganization, or receivership law, and Tenant has not made a general assignment for the benefit of creditors, nor has a receiver, trustee, or custodian been appointed for, or taken possession of, all or substantially all of Te
Section 9 — Co-Tenancy and Exclusive Use High
⚑ Non-compete / exclusivity restraint
Section 9 — Co-Tenancy and Exclusive Use 9.1 Tenant [does / does not] have a co-tenancy provision in the Lease. If applicable, describe the co-tenancy conditions (including identified co-tenants, occupancy thresholds, and remedies available to Tenant in the event of a co-tenancy failure) and the current status of compliance with such co-tenancy provision: [___] 9.2 Tenant [does / does not] have an exclusive use provi
Section 10 — Subordination, Non-Disturbance and Attornment
Section 10 — Subordination, Non-Disturbance and Attornment 10.1 Tenant [has / has not] entered into one or more Subordination, Non-Disturbance and Attornment Agreements ("SNDAs") with any existing mortgagee, deed of trust beneficiary, or ground lessor. If applicable, identify each SNDA counterparty and the date of execution: [___] 10.2 Tenant hereby acknowledges that Buyer, its successors and assigns, or Lender may r
Section 11 — Hazardous Materials
Section 11 — Hazardous Materials 11.1 To Tenant's actual knowledge (without inquiry or investigation), Tenant has not used, generated, manufactured, treated, stored, released, discharged, or disposed of any Hazardous Materials (as defined in applicable federal, state, or local environmental laws, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C
Section 12 — Parking and Signage
Section 12 — Parking and Signage 12.1 Tenant is entitled to [___] parking spaces under the Lease, which parking spaces are [reserved / unreserved / a combination of reserved and unreserved (describe)], and Landlord is currently providing all required parking to Tenant in accordance with the terms of the Lease. [Except: ___] 12.2 Tenant [has / has not] been granted signage rights under the Lease, including, without li
Section 13 — Insurance Medium
⚑ Notice / time limit to track
Section 13 — Insurance 13.1 Tenant currently maintains all insurance coverages required to be maintained by Tenant under the Lease, including, without limitation, commercial general liability insurance, property insurance (if applicable), and workers' compensation insurance, and all such coverages are in full force and effect as of the date of this estoppel certificate. Tenant has not received any notice of cancellat
Section 14 — Notices
Section 14 — Notices 14.1 All notices to Tenant required or permitted under the Lease should be sent to the following address: [Insert Tenant notice address, including street address, suite/floor, city, state, zip code, attention line, and email address for courtesy copies, if applicable] 14.2 All rent payments under the Lease are currently sent to the following address and/or by wire transfer to the following accoun
Section 15 — General Provisions Standard
⚑ Commercial term
Section 15 — General Provisions 15.1 This estoppel certificate may be relied upon by Buyer, Lender, Title Company, Buyer's Counsel, and their respective successors, assigns, designees, transferees, and participants, and by any rating agency, servicer, or investor in connection with any securitization or sale of the loan secured by the Property. Tenant acknowledges that the foregoing parties will rely upon the truth a