Common use of Actions, Suits, etc Clause in Contracts

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other party's ability to perform its obligations under this Agreement.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.), Agreement of Purchase and Sale (Kronos Inc), Agreement of Purchase and Sale (Berkshire Income Realty Inc)

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Actions, Suits, etc. There Other than in connection with the Bankruptcy Proceeding, there shall exist no existing, pending or threatened in writing actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other that party's ’s ability to perform its obligations under this Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Tuesday Morning Corp/De), Purchase and Sale Agreement, Purchase and Sale Agreement (Tuesday Morning Corp/De)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or prevent the other party's ability to perform party from performing its obligations under this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.), Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other party's ability to perform its obligations under this Agreement.; and

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Industrial Properties Reit Inc)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other party's ’s ability to perform its obligations under this Agreement.. In addition, the obligation of Purchaser to consummate the transactions contemplated hereunder is conditioned upon the following:

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Inland Western Retail Real Estate Trust Inc)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property Properties or the Facilities or the other partyParty's ability to perform its obligations under this Agreement.

Appears in 1 contract

Samples: Global Truck Wash Facility (Mace Security International Inc)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other that party's ability to perform its obligations under this Agreement.; and

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carrington Laboratories Inc /Tx/)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other that party's ’s ability to perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Asbury Automotive Group Inc)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, actually filed against the other party that would (i) prevent such party from performing its obligations under this Agreement, or (ii) except for any matters disclosed to Buyer in the Property Documents, materially and adversely affect the operation or value of the Property or the other party's ability to perform its obligations under this AgreementProperty.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hines Real Estate Investment Trust Inc)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other affect: (a) that party's ’s ability to perform its obligations under this Agreement.Agreement or (b) would

Appears in 1 contract

Samples: Purchase and Sale Agreement (Star Equity Holdings, Inc.)

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Actions, Suits, etc. There shall exist no pending or threatened ------------------- actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other party's ability to perform its obligations under this Agreement.; and (vi) (vii)

Appears in 1 contract

Samples: Purchase and Sale Agreement (Proton Energy Systems Inc)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other party's ’s ability to perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other affect: (a) that party's ’s ability to perform its obligations under this Agreement.Agreement or (b) would constitute (or could reasonably expect to constitute) a Material Adverse Change (hereinafter defined) in Seller; and

Appears in 1 contract

Samples: Purchase and Sale Agreement (Stryve Foods, Inc.)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, actually filed against the other party that would materially and adversely affect the operation or value of the Property or the other either party's ’s ability to perform its obligations under this Agreement.; and

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Industrial Property Trust Inc.)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, actually filed against the other party that would (i) prevent such party from performing its obligations under this Agreement, or (ii) except for any matters disclosed to Buyer in the Property Documents, materially and adversely affect the operation or value of the Property or the other party's ability to perform its obligations under this Agreement.Property; and

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Terreno Realty Corp)

Actions, Suits, etc. There shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, against the other party that would materially and adversely affect the operation or value of the Property or the other that party's ’s ability to perform its obligations under this Agreement.;

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carter Validus Mission Critical REIT, Inc.)

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