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The following documents constitute the entire agreement between Landlord and Tenant with respect to such lease: Ground Lease dated February 25, 1982 (the “Original Ground Lease”), by and between Russell M. Bate and Mary Lou Bate, together, as Lessor (“The Bates”), and William K. Kelley, Rayna S. Kelley, Ryland Kelley, and Shirley Sneath Kelley, collectively, as Lessee, as amended, modified, and assigned by that certain Memorandum of Ground Lease recorded March 4, 1982 as Instrument No. 7294129 in Book G 635, Page 279 of Official Records of Santa Clara, California (“Official Records”); First Amendment to Ground Lease dated March 28, 1986 (the “First Amendment”), by and between The Bates and De Anza Plaza Associates, a California limited partnership (“DAPA”) (as successor in interest from The Kelleys); Affirmation of Ground Lease and Attornment Agreement recorded November 22, 1993 as Instrument No. 12225420 in Book N 149, Page 1881 of Official Records; Lessor’s Estoppel and Agreement Re Ground Lease recorded August 23, 2007 as Instrument No. 19560625 in Official Records; Assignment and Assumption of Ground Leases and Deed of Improvements dated December 14, 2016 and recorded December 14, 2016 as Instrument No. 23533063 between VII-FCP DeAnza Owner LLC and Tenant, and intervening assignments recorded February 27, 1984 in Book 1333, Page 161 as Instrument No. 7988094; May 17, 1993 in Book M 778, Page 467 as Instrument No. 11907104; August 16, 1996 as Instrument No. 13411136; April 21, 1998 as Instrument No. 14150513 and Instrument No. 14150518; June 27, 2000 as Instrument No. 15292438; and August 23, 2007 as Instrument No. 19560623, all of Official Records (collectively, the “Lease Documents”). Landlord also previously delivered that certain Lessor’s Estoppel and Agreement re Ground Lease dated as of August 15, 2013, that certain Lessor’s Estoppel and Agreement re Ground Lease dated March 7, 2016, and that certain Lessor’s Estoppel and Agreement re Ground Lease dated December 9, 2016 (together, the “Previous Estoppels”). The Lease Documents and Previous Estoppels are collectively referred to herein as the “Ground Lease.” The Ground Lease has not been modified, changed, altered or amended in any respect, except as set forth above. A correct and complete copy of the Ground Lease is attached hereto as Exhibit B. The Ground Lease is valid and in full force and effect on the date hereof in accordance with its terms.

Section # Further Assurances. Promptly upon the reasonable request of the Secured Party and at the sole expense of Grantor, Grantor shall duly execute and deliver, and have recorded, such further instruments, financing statements and documents and take such further actions as the Secured Party may reasonably request for the purpose of obtaining or preserving the full benefits of this Security Agreement and of the rights and powers herein granted, including to enable the Secured Party to exercise and enforce its rights and remedies hereunder with respect to any Collateral, as may be required by Applicable Law. Notwithstanding anything to the contrary herein or in any other Loan Document, Grantor shall not have any obligation to # perfect or record any security interest or lien # in any Collateral in any jurisdiction other than in the United States (or to enter into any foreign law governed charges, debentures, pledges or other security agreements in respect thereof) or # in connection with the Assignment of Claims Act, # obtain any landlord waivers, estoppels or collateral access letters, or # obtain any consent of the Licensee to the assignment and pledge to Secured Party of the rights under the License Agreement that are included in the Collateral.

If Seller is unable to obtain and deliver the Required Estoppels as required under [Section 8.4(a)], or if the certificates received contain a statement that Seller is in default under a Lease and Buyer objects thereto by written notice to Seller within two (2) business days after receipt by Buyer of the objectionable estoppel, but in any event on or before the Closing Date, then Seller will not be in default by reason thereof, and either Buyer or Seller may elect to extend the Closing Date by up to thirty (30) days in order to satisfy the requirement. If Seller still cannot satisfy the requirement at the end of such extended period, then Buyer may, by written notice given to Seller before the Closing, elect to terminate this Agreement and receive a refund of the Deposit or waive said condition. If Buyer so elects to terminate this Agreement, the Deposit shall be promptly returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in [Sections 6.1, 9.3, 9.5 and 9.9]9]9]. If no such notice is delivered by Buyer, Buyer shall be deemed to have waived such condition.

Excluded Property” means # any fee-owned real property owned by any Loan Party on the Closing Date or any after acquired fee-owned real property with a book value of less than $3,000,000; # any leased real property (with no obligation to obtain landlord waivers, estoppels or collateral access letters); # motor vehicles, airplanes and other assets subject to a certificate of title law and letter of credit rights (other than to the extent perfection can be achieved with the filing of UCC-1 financing statements), # Margin Stock and pledges and security interests prohibited by applicable law, rule or regulation or agreements with any Governmental Authority or which would require governmental (including regulatory) consent, approval, license or authorization to provide such security interest (with no requirement to obtain the consent of any Governmental Authority or third party), # any commercial tort claims except to the extent a security interest therein is required to be granted pursuant to the Security Agreement, # any governmental licenses or state or local franchises, charters and authorizations, to the extent a security interest in any such license, franchise, charter or authorization is prohibited or restricted thereby, # pledges and security interests prohibited or restricted by applicable law or agreement 744209099 20664705

Notwithstanding anything to the contrary in this Agreement, the Security Documents or any other Loan Document, # the Collateral Agent may grant extensions of time or waiver of any requirement for the creation or perfection of security interests in or the obtaining of insurance with respect to particular assets (including extensions beyond the Effective Date for the perfection of security interests in the assets of the Loan Parties on such date) where it reasonably determines, in consultation with the Borrower, that perfection or obtaining of such items cannot be accomplished without undue effort or expense by the time or times at which it would otherwise be required by this Agreement or the other Loan Documents, # no control, lockbox or similar arrangements nor any control agreements relating to the Borrower’s and its Subsidiaries’ bank accounts (including deposit, securities or commodities accounts) shall be required, # there shall be no survey, landlord, mortgagee, bailee or other third party waivers, estoppels or collateral access letters required, and # no actions required by the laws of any non-U.S. jurisdiction shall be required to be taken to create any security interests in assets located or titled outside of the United States (including any Equity Interests of any Foreign Subsidiary and any non-U.S. Intellectual Property) or to perfect or make enforceable any security interests in such assets.

Notwithstanding anything to the contrary herein or in any other Loan Document, in respect of the Borrower and its Subsidiaries, # no actions in any non-U.S. jurisdiction or required by the laws of any non-U.S. jurisdiction shall be required in order to create any security interests in assets located or titled outside of the U.S. or to perfect such security interests, including any intellectual property registered in any non-U.S. jurisdiction (it being understood and agreed that there shall be no security agreements or pledge agreements governed under the laws of any non-U.S. jurisdiction, provided, however, that this clause shall not impair the Administrative Agent’s ability to obtain a pledge of equity interests of certain Material Foreign Subsidiaries organized under the laws of Switzerland, Mexico and Turkey (to the extent reasonably requested by the Administrative Agent) as contemplated by this Agreement pursuant to local law governed pledge agreements (it being understood and agreed that unless otherwise mutually agreed to be excluded by the Borrower and the Administrative Agent, the jurisdictions in respect of which such local law governed pledge agreements shall be required shall be limited to Switzerland, Mexico and Turkey) and # the Administrative Agent shall not require the Borrower or any of the Subsidiaries to obtain or deliver landlord waivers, estoppels, bailee letters, collateral access agreements or any similar documents or instruments.

No actions required by the Laws of any non‑U.S. jurisdiction shall be required in order to create any security interests in any assets or to perfect or make enforceable such security interests in any assets (including any intellectual property registered or applied for in any non‑U.S. jurisdiction) (it being understood that there shall be no security agreements or pledge agreements governed under the Laws of any non‑U.S. jurisdiction). No perfection through control agreements or perfection by “control” shall be required with respect to any assets (other than # the Controlled Account, in respect of the Excess Closing Date Cash and # in respect of any promissory note in excess of $5.0 million, Indebtedness of any Restricted Subsidiary that is not a Guarantor that is owing to any Loan Party (which may be evidenced by the Intercompany Note and pledged to the Collateral Agent) and certificated Equity Interests of the wholly owned Restricted Subsidiaries that are Material Subsidiaries otherwise required to be pledged pursuant to the Collateral Documents to the extent required under [clause (3) above]). There shall be no # Guaranties governed under the laws of any non-U.S. jurisdiction, # requirement to obtain any landlord waivers, estoppels or collateral access letters or # requirement to perfect a security interest in any letter of credit rights, other than by the filing of a UCC financing statement.

Excluded Assets” means, # any fee-owned real property that is not Material Real Property and all leasehold (including ground lease) interests in real property (including requirements to deliver landlord lien waivers, estoppels and collateral access letters), # motor vehicles, railcars, trailers, aircraft, aircraft engines, construction and earth moving equipment and other assets subject to certificates of title or ownership, # letter of credit rights (except to the extent constituting supporting obligations (as defined under the UCC) in which a security interest can be perfected with the filing of a UCC-1 financing statement or equivalent financing statement with a central registry), # commercial tort claims with an individual value, as determined by the Borrower in good faith, of less than $15,000,000 and commercial tort claims for which no complaint or counterclaim has been filed in a court of competent jurisdiction, # Equity Interests in any Person (other than any Wholly Owned Restricted Subsidiaries) to the extent the pledge thereof to the Administrative Agent is not permitted by the terms of such Person’s organizational, incorporation or joint venture documents, # Equity Interests constituting an amount greater than 65% of the total voting Equity Interests of any Foreign Subsidiary or CFC Holdco, # Equity Interests of any Immaterial Subsidiary (except to the extent perfection of a security interest therein can be accomplished by filing of a UCC-1 financing statement or equivalent financing AMERICAS 107903477

Confidentiality. Tenant shall keep the terms and conditions of this Lease confidential and shall not # disclose to any third party any terms or conditions of this Lease or any other Lease-related document (including subleases, assignments, work letters, construction contracts, letters of credit, subordination agreements, non-disturbance agreements, brokerage agreements or estoppels) or the contents of any documents, reports, surveys or evaluations related to the Premises or any portion thereof or # provide to any third party an original or copy of this Lease (or any Lease-related document or other document referenced in [Subsection 37(a)]). Landlord shall not release to any third party any non-public financial information or non-public information about Tenant’s ownership structure that Tenant gives Landlord. Notwithstanding the foregoing, confidential information under this Section may be released by Landlord or Tenant under the following circumstances: # if required by Applicable Laws or in any judicial proceeding; provided that the releasing party has given the other party reasonable notice of such requirement, if feasible, # to a party’s attorneys, accountants, brokers, lenders, potential lenders, investors, potential investors and other bona fide consultants or advisers (with respect to this Lease only); provided such third parties agree to be bound by this Section or # to bona fide prospective assignees or subtenants of this Lease; provided they agree in writing to be bound by this Section.

With respect to any fee interest in any real property having a value (together with improvements thereof) of at least $1,000,000 acquired after the Closing Date by any Loan Party (other than any such real property subject to a Lien expressly permitted by [Section 7.3(g)]), promptly (and in any event within forty-five (45) days (or such longer period as the Administrative Agent may agree in its sole discretion) of such request), to the extent requested by the Administrative Agent, # execute and deliver a first priority (except for any Liens permitted by [Section 7.3(g)]) Mortgage, in favor of the Administrative Agent, for the ratable benefit of the Secured Parties, covering such real property, # if requested by the Administrative Agent, provide the Lenders with # title and extended coverage insurance covering such real property in an amount at least equal to the purchase price of such real property (or such other amount as shall be reasonably specified by the Administrative Agent, not to exceed the fair market value of the real property) as well as a current ALTA survey thereof, together with a surveyor’s certificate, and # any consents or estoppels reasonably deemed reasonably necessary by the Administrative Agent in connection with such Mortgage, each of the foregoing in form and substance reasonably satisfactory to the Administrative Agent and # if requested by the Administrative Agent, deliver to the Administrative Agent legal opinions relating to the matters described above, which opinions shall be in form and substance, and from counsel, reasonably satisfactory to the Administrative Agent. In connection with the foregoing, no later than three (3) Business Days prior to the date on which a Mortgage is executed and delivered pursuant to this [Section 6.12], in order to comply with the Flood Laws, the Administrative Agent shall have received the following documents (collectively, the “Flood Documents”): # a completed standard “life of loan” flood hazard determination form (a “Flood Determination Form”), # if the improvement(s) to the applicable improved real property is located in a special flood hazard area, a notification to the applicable Loan Party (“Loan Party Notice”) and (if applicable) notification to the applicable Loan Party that flood insurance coverage under the National Flood Insurance Program (“NFIP”) is not available because the community does not participate in the NFIP, # documentation evidencing the applicable Loan Party’s receipt of the Loan Party Notice (e.g., countersigned Loan Party Notice, return receipt of certified U.S. Mail, or overnight delivery), and # if the Loan Party Notice is required to be given and, to the extent flood insurance is required by any applicable Requirement of Law or any Lenders’ written regulatory or compliance procedures and flood insurance is available in the community in which the property is located, a copy of one of the following: the flood insurance policy, the applicable Loan Party’s application for a flood insurance policy plus proof of premium payment, a declaration page confirming that flood insurance has been issued, or such other evidence of flood insurance reasonably satisfactory to the Administrative Agent (any of the foregoing being “Evidence of Flood Insurance”).

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