Agreements Affecting the Property. Subject to the provisions in Section 14.11 hereof, Seller hereby covenants and agrees with Buyer that, so long as this Agreement remains in full force and effect, Seller will not sell, assign, convey (absolutely or as security), grant a security interest in, or otherwise encumber or dispose of, the Property (or any interest or estate therein) without the prior written consent of the Buyer. Seller has not executed and will execute no exclusive or other brokerage agreements which will survive the Closing Date. Seller shall not enter into Service Contracts from and after the date of this Agreement without the prior written consent of Buyer, which consent may be granted or withheld in Buyer's sole and absolute discretion; provided, however, that Seller hereby covenants and agrees with Buyer that, so long as this Agreement remains in full force and effect, Seller will continue to operate and manage the Property in substantially the same manner as it has been operated and managed in the past.
Agreements Affecting the Property. Borrower has provided Lender with true and complete copies of all material contracts and agreements affecting the Property, including, (i) the Management Agreement, (ii) all lease financings or purchase money financings for equipment incurred as of the date hereof, and (iii) all other contracts or agreements relating to the maintenance, development, operation or management of the Property which either involve space in excess of 1,000 square feet or payment obligations on the part of Borrower in excess of $25,000 in any twelve (12) month period.
Agreements Affecting the Property. As of the Closing Date through the Closing Date, there are no leases, easements, encumbrances, or other agreements affecting the Property except disclosed to Purchaser by Seller in writing and approved by Purchaser. All rights to purchase the Property held by other parties, if any, including without limitation, any right of first refusal, have been waived in writing by such parties, and Seller has delivered a copy of each such waiver to Purchaser.
Agreements Affecting the Property. From and after the Effective Date until the Closing or earlier termination of this Contract, Seller agrees not to sell, convey, mortgage, lease, license or do any other act to diminish or encumber or materially change the current status of title to the Property relating to items that are not to be removed as of Closing and specifically Seller will not, without Buyer's consent, which consent shall not be unreasonably withheld, enter into, renew, extend or modify any leases, licenses, contracts or other agreements affecting the Property. At Closing, Seller shall assign to Buyer, in form and substance reasonably acceptable to the Parties, Seller's interest in any contracts, leases and other agreements and permits, licenses or intangible personal property then in effect, if any, used or useful in connection with the Property that are assignable by Seller and acceptable by Buyer, to the extent the Parties have agreed in writing prior to the end of the Inspection Period to convey the Property subject thereto. Unless otherwise agreed to by the Parties during the Inspection Period, if any of the same are (a) assignable but only upon payment of a certain amount, the same shall not be assigned unless Buyer timely pays such amount, or (b) not terminable by Closing without penalty, then the same shall not be terminated and Buyer shall take the Property subject thereto unless Buyer timely pays the amount of the penalty. Said assignment shall include Seller's agreement to indemnify Buyer from and against any defaults under such agreements accruing before Closing and Buyer's agreement to indemnify Seller for any default under such agreements accruing after Closing. For any such agreements that are to be assigned as of Closing, Seller shall deliver to Buyer at least days prior to the end of the Inspection Period currently dated estoppel certificates from the other parties to any such agreements that are to survive Closing to the extent required by such agreements or, to the extent the other parties thereto consent, as otherwise reasonably requested by Buyer. Any deposit made under any agreement to be so assigned will be credited to Seller or Buyer at Closing, as the case may be, and Seller shall not apply any part of a deposit Seller currently retains thereunder except as permitted by the terms of such agreement in the event of a default by the other party thereunder.
Agreements Affecting the Property. Borrower has not entered into and, to the best of Borrower's knowledge, there are no, contracts or agreements (either oral or written) affecting any part of the Property, including, without limitation, leases, tenancies, property management agreements or other contracts or agreements relating to the maintenance, development or management thereof, other than contracts and agreements of which Borrower has heretofore furnished Lender true and complete copies. No Borrower Party shall enter into any contract or agreement relating to the management of the Property without the prior written consent of Lender (not to be unreasonably withheld or delayed) and, if required by Lender, the applicable Borrower shall execute a collateral assignment to Lender of such Borrower Party's right, title and interest in and to any such property management agreement.
Agreements Affecting the Property. Other than the leases or matters of record, Seller has not entered into any contracts or other agreements (other than as set forth in this Agreement) relating to the Property which will be in force on the Closing Date, except for the service agreements described in Exhibit "H-1" (the "Service Agreements"), the parking easements and agreements described in Exhibit "H-2" (the "Parking Agreements") and the rooftop agreements described in Exhibit "H-3" (the "Rooftop Agreements"). Seller has not received any written notice of any default under any of the foregoing agreements that remains uncured.
Agreements Affecting the Property. Optionor hereby covenants and agrees with Optionee that so long as this Agreement remains in full force and effect, Optionor shall not sell, assign, convey (absolutely or as security), grant a security interest in, or otherwise encumber or dispose of, any portion of the Property or any interest or rights therein, and shall not modify any existing lease(s) or enter into any new lease(s) without the prior written consent of Optionee. Optionee is aware that an existing loan encumbering the property is currently in place, the property is pledged as security and the loan is due on October 1,
Agreements Affecting the Property. Borrower has provided Lender with true and complete copies of all material contracts and agreements affecting the Property, including, (i) the Management Agreement, (ii) all lease financings or purchase money financings for equipment incurred as of the date hereof, and (iii) all other contracts or agreements relating to the maintenance, development, operation or management of the Property which either involve space in excess of 1,000 square feet or payment obligations on the part of Borrower in excess of $25,000 in any twelve (12) month period. Brokerage Commissions. No brokerage fees or commissions are payable in connection with the Loan.
Agreements Affecting the Property. During the Escrow period, Seller shall not enter into, amend or terminate any leases, contracts or other agreements affecting the Property or take any other actions affecting the Property (other than in the ordinary course of ownership), without Buyer's prior written approval, which shall not be unreasonably withheld or delayed. Seller shall not market the Property for either sale or lease during the Escrow period, except in connection with an agreement between Buyer and Seller jointly to sell or lease the Hotel Parcels.
Agreements Affecting the Property. Seller hereby covenants and agrees with Purchaser that during the term of this Agreement, Seller will not sell, assign, rent, lease, convey (absolutely or as security), grant a security interest in, or otherwise encumber or dispose of, the Property (or any interest or estate therein) without the prior written consent of Purchaser.
