Common use of Bxxx of Sale Clause in Contracts

Bxxx of Sale. State of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCK, AS. a corporation incorporated under the laws of the state of Delaware, USA, (“Seller”), has sold and delivered, and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact Engineering, AS (“Buyer”), all the personal property described below for and in consideration of the purchase price indicated below. Such Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyer, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Coiled Tubing Asset Package Lease Agreement (Eco-Stim Energy Solutions, Inc.)

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Bxxx of Sale. State For good and valuable consideration the receipt of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCKwhich is hereby acknowledged, AS. TNP SRT SUMMIT POINT, LLC, a corporation incorporated under the laws of the state of Delaware, USA, Delaware limited liability company (“SellerTransferor”), has sold and delivereddoes hereby sell, transfer, and by these presents does sell and deliver convey to “BUYER”: BUYER NAME: Impact Engineering_________________________, AS a _________________ (“BuyerTransferee”) all personal property owned by Transferor and located on or in or used in connection with the Real Property commonly known as Summit Point and located at 800 Xxxxx Xxxxxx South, Fayetteville, GA, including, without limitation, those items described in Schedule 1 attached hereto (collectively, the “Personal Property”), all pursuant to that certain Purchase and Sale Agreement between Transferor and Transferee for the personal property described below for purchase and in consideration sale of the purchase price indicated belowReal Property (the “Agreement”). Such Transferor is conveying the Personal Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, Transferee free and clear of free of any encumbranceslien or encumbrance thereon except as previously disclosed to and accepted by Transferee. Capitalized terms used but not defined in this Bxxx of Sale have the meaning given to such terms in the Agreement. Transferor makes no representation or warranty regarding the condition, conditional sale agreementsmerchantability, security interests, restrictions and rights fitness or usefulness of othersthe Personal Property, and Seller hereby binds itself Transferee acknowledges and agrees that it is acquiring the Personal Property in its AS-IS, WHERE-IS, WITH ALL FAULTS CONDITION, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, except that all of the Personal Property will be free of all liens and encumbrances. This Bxxx of Sale shall be binding upon and inure to forever warrant the Property unto Buyer, its benefit of the successors and assigns against of Transferor and Transferee. The substantive laws of the lawful claims State of Georgia, without reference to its conflict of law provisions, will govern the validity, construction, and demands enforcement of every person whomsoeverthis Bxxx of Sale. UNIT NUMBER: T45372 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to This Bxxx of Sale may be executed by its duly authorized representative as in one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the 30th day same instrument. Dated: ____________________, 2015. Purchase and Sale Agreement Exhibit C – Bxxx of December 2013 VIKING ROCKSale TRANSFEROR: TNP SRT SUMMIT POINT, AS BYLLC, a Delaware limited liability company By: /s/ J. Cxxxx Xxxxxxx ITSName: CEO Jxx Xxxxxxxxxxx XxxxxxxTitle: TRANSFEREE: , a By: Name: Title: Purchase and Sale Agreement Exhibit C – Bxxx of Sale SCHEDULE 1 TO BXXX OF SALE PERSONAL PROPERTY Purchase and Sale Agreement Exhibit C – Bxxx of Sale Schedule 1 - Personal Property EXHIBIT D ASSIGNMENT AND ASSUMPTION OF

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Realty Trust, Inc.)

Bxxx of Sale. State For good and valuable consideration, the receipt of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCKwhich is hereby acknowledged, AS. DIAGEO NORTH AMERICA, INC., a Connecticut corporation incorporated under the laws of the state of Delaware, USA, (“Seller”), has sold and delivereddoes hereby sell, transfer, and by these presents does sell and deliver convey to “BUYER”: BUYER NAME: Impact EngineeringBOSTON BEER CORPORATION, AS a Massachusetts corporation (“Buyer”), all of Seller’s rights, title and interest in and to the personal property described below for Equipment and the Sign and all warranties, guaranties, permits and licenses relating to the Appurtenances, Equipment and the Sign, to the extent assignable (collectively, the “Property”). All capitalized terms used herein, but not defined herein, shall have the meanings set forth in consideration the Contract of Sale (as hereinafter defined). Seller has executed this Bxxx of Sale and BARGAINED, SOLD, TRANSFERRED, CONVEYED and ASSIGNED the purchase price indicated below. Such Property consists and Buyer has accepted this Bxxx of used items Sale and is being purchased the Property AS IS”IS AND WHEREVER LOCATED, “Where IS”, “WITH ALL FAULTS” BASIS, FAULTS AND NO WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE EXPRESSED WHATSOEVER NATURE, EXPRESS, IMPLIED, OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED STATUTORY, EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN THE PROPERTY CONTRACT OF SALE BETWEEN SELLER AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION BUYER, DATED AS OF , 2007 (INCLUDING BUT NOT LIMITED TO THE PRESENCE the “CONTRACT OF ANY OBVIOUS DEFECTSSALE”), OPERATIONTHE TERMS OF WHICH ARE EXPRESSLY INCORPORATED HEREIN. Dated this day of , SALABILITY200 . SELLER: DIAGEO NORTH AMERICA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INC., a Connecticut corporation By: Name: Title: BUYER: BOSTON BEER CORPORATION, a Massachusetts corporation By: Name: Title: EXHIBIT H Packaging Services Agreement PACKAGING SERVICES AGREEMENT BETWEEN DIAGEO NORTH AMERICA, INC. AND BOSTON BEER CORPORATION MADE AS OF SAID PROPERTYAugust 1, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except 2007 PACKAGING SERVICES AGREEMENT THIS AGREEMENT is made as set forth belowof August 1, it has good Valid and marketable title to and the unqualified right to sell2007 between DIAGEO NORTH AMERICA, conveyINC., transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of othersa Connecticut corporation (“Diageo”), and Seller hereby binds itself to forever warrant the Property unto BuyerBOSTON BEER CORPORATION, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxxa Massachusetts corporation (“Boston Beer”),

Appears in 1 contract

Samples: Confidentiality Agreement (Boston Beer Co Inc)

Bxxx of Sale. State of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCK, AS. a corporation incorporated under the laws of the state of Delaware, USA, (“Seller”), has sold and delivered, and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact Engineering, AS (“Buyer”), all the personal property described below for and in consideration of the purchase price indicated below. Such Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyer, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 T45851 YEAR, MAKE, MODEL: 2004 2006 Atoka Manufacturing VIN: 1X0X000000X000000 1A9L945446A24585l SALE PRICE: $396.500,00 2.420.892,32 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Coiled Tubing Asset Package Lease Agreement (Eco-Stim Energy Solutions, Inc.)

Bxxx of Sale. State THIS BXXX OF SALE, effective as of Texas______ ___, 2014, is furnished by [THE ALLEGRO AT ______/COLLEGE HARBOR PROPERTIES], LLC, a [Florida/Kentucky] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCK, AS. a corporation incorporated under the laws of the state of Delaware, USA, limited liability company (“Seller”), has sold and deliveredto ARHC [________], and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact EngineeringLLC, AS a Delaware limited liability company (“BuyerPurchaser”) which is the assignee of certain rights and obligations of AMERICAN REALTY CAPITAL VII, a Delaware limited liability company (“ARC”), all pursuant to that certain Asset Purchase Agreement by and between Seller, ARC and affiliates of the personal property described below for Seller, dated as of August __, 2014 (the “Purchase Agreement”). All capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to them in the Purchase Agreement. In consideration of payment by ARC of the purchase price indicated below. Such Purchase Price described in the Purchase Agreement and other good and valuable consideration, the receipt and sufficiency of which Seller hereby acknowledges, Seller hereby sells, conveys, transfers, assigns and delivers to Purchaser and its successors and assigns, all of Seller's right, title and interest in and to the Purchased Personal Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except located on or relating to the Facility known as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property[_____________], free and clear of any encumbrancesall Liens and liabilities whatsoever, conditional sale agreementsexcept for the Assumed Liabilities and Permitted Encumbrances. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, security interests, restrictions and rights SELLER IS CONVEYING THE PURCHASED PERSONAL PROPERTY "AS IS" WITH NO ADDITIONAL REPRESENTATIONS OR WARRANTIES WHATSOEVER. This Bxxx of othersSale is subject to the terms of the Purchase Agreement, and Seller hereby binds itself nothing contained herein shall be deemed to forever warrant modify, alter or amend the Property unto Buyerterms and provisions of the Purchase Agreement. In the event of any inconsistency or conflict between the terms of the Purchase Agreement and the terms of this Bxxx of Sale, its successors and assigns against the lawful claims and demands terms of every person whomsoeverthe Purchase Agreement shall prevail. UNIT NUMBER: T45372 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to This Bxxx of Sale may be executed by its duly authorized representative as in multiple counterparts, each of the 30th day of December 2013 VIKING ROCKwhich, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxxtaken together, shall constitute one original.

Appears in 1 contract

Samples: Assumption Agreement (American Realty Capital Healthcare Trust II, Inc.)

Bxxx of Sale. State of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCK, AS. a corporation incorporated under the laws of the state of Delaware, USA, (“Seller”), has sold and delivered, and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact Engineering, AS (“Buyer”), all the personal property described below for and in consideration of the purchase price indicated below. Such Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyer, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 T10585 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing 2007 CVA N2 Transport VIN: 1X0X000000X000000 1X0XX00000X000000 SALE PRICE: $396.500,00 ODOMETER138.000,00 ODOMETER : N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Coiled Tubing Asset Package Lease Agreement (Eco-Stim Energy Solutions, Inc.)

Bxxx of Sale. State of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCK, AS. a corporation incorporated under the laws of the state of Delaware, USA, (“Seller”), has sold and delivered, and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact Engineering, AS (“Buyer”), all the personal property described below for and in consideration of the purchase price indicated below. Such Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyer, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 T45205 YEAR, MAKE, MODEL: 2004 2003 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER303.300,00 ODOMETER : N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Coiled Tubing Asset Package Lease Agreement (Eco-Stim Energy Solutions, Inc.)

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Bxxx of Sale. State For good and valuable consideration, the receipt of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCKwhich is hereby acknowledged, AS. 4000 SOUTH OCEAN PROPERTY OWNER, LLLP, a corporation incorporated under the laws of the state of Delaware, USA, Florida limited liability limited partnership (“Seller”), has sold and delivereddoes hereby sell, transfer, and by these presents does sell and deliver convey to “BUYER”: BUYER NAME: Impact Engineering_______________ LLC, AS a Delaware limited liability company (“Buyer”), any and all the personal property owned by Seller and used exclusively in connection with the operation of that certain real property more particularly described below for in Exhibit “A” attached hereto (the “Personal Property”), as such Personal Property is more particularly described in the attached Schedule 1. Seller has executed this Bxxx of Sale and in consideration BARGAINED, SOLD, TRANSFERRED, CONVEYED and ASSIGNED the Personal Property and Buyer has accepted this Bxxx of Sale and purchased the Personal Property. Seller represents and warrants that it is the true and lawful owner of the purchase price indicated below. Such Personal Property consists of used items and the Personal Property is being purchased “sold free and clear of any liens, claims, interests, pledges or encumbrances of any kind or nature whatsoever. Without in any way limiting the foregoing, Buyer acknowledges that it is purchasing the Personal Property AS IS”IS AND WHEREVER LOCATED, “Where IS”, “WITH ALL FAULTS” BASISFAULTS AND, EXCEPT AS OTHERWISE PROVIDED HEREIN, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, EXPRESS, IMPLIED, OR STATUTORY, AND NO THE WARRANTIES SET FORTH HEREIN, IT BEING THE INTENTION OF ANY KIND ARE EXPRESSED OR SELLER AND BUYER TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY EXPRESSLY NEGATE AND AGREES AND UNDERSTANDS THAT SELLER DOES EXCLUDE ALL WARRANTIES WHATSOEVER NOT IN ANY WAY WARRANT THE CONDITION (OTHERWISE EXPRESSLY PROVIDED FOR HEREIN, INCLUDING BUT NOT LIMITED TO THE PRESENCE IMPLIED WARRANTIES OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR AND FITNESS FOR A ANY PARTICULAR PURPOSE PURPOSE, ANY IMPLIED OR EXPRESS WARRANTY OF SAID CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, ANY RIGHTS OF BUYER UNDER APPROPRIATE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, ANY CLAIM BY BUYER FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN WITH RESPECT TO THE PERSONAL PROPERTY, BUYER AGREEING WARRANTIES CREATED BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO AFFIRMATION OF FACT OR PROMISE AND ANY OTHER WARRANTIES REGARDING SAMECONTAINED IN OR CREATED BY THE UNIFORM COMMERCIAL CODE AS NOW OR HEREAFTER IN EFFECT IN THE STATE IN WHICH THE PERSONAL PROPERTY IS LOCATED, OR CONTAINED IN OR CREATED BY ANY OTHER LAW. Seller warrants that except as set forth belowREMAINDER OF PAGE INTENTIONALLY LEFT BLANK Dated this day of 20 . SELLER: 4000 SOUTH OCEAN PROPERTY OWNER, it has good Valid and marketable title to and the unqualified right to sellLLLP, conveya Delaware limited liability limited partnership By: 4000 Xxxxx Xxxxx XX, transfer and assign PropertyLLC, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyera Delaware limited liability company, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBERgeneral partner By: T45372 YEAR, MAKE, MODELName Title: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY, a Delaware limited liability company By: /s/ Jogeir Romestrand DATEName Title: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents Exhibit “A” to be executed by its duly authorized representative as Bxxx of the 30th day Sale Description of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx XxxxxxxReal Property Schedule 1 to Bxxx of Sale List of Personal Property EXHIBIT “E" SELLER PROVIDED FF&E & INVENTORY 3 EXHIBIT “F” Revised Exhibit “C” to First Addendum 4 EXHIBIT “G” Revised Exhibit “D” to First Addendum Exhibit "H" Revised Declaration

Appears in 1 contract

Samples: Commercial Unit Agreement (Sotherly Hotels Lp)

Bxxx of Sale. State THIS BXXX OF SALE, effective as of Texas______ ___, 2014, is furnished by [________] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCKASSISTED LIVING LLC, AS. a corporation incorporated under the laws of the state of Delaware, USA, an Iowa limited liability company (“Seller”), has sold and deliveredto ARHC [________], and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact EngineeringLLC, AS a Delaware limited liability company (“BuyerPurchaser”) which is the assignee of certain rights and obligations of AMERICAN REALTY CAPITAL VII, LLC, a Delaware limited liability company (“ARC”), all pursuant to that certain Asset Purchase Agreement by and between Seller, ARC, and certain other parties, dated as of _______ ___, 2014 (the personal property described below for “Purchase Agreement”). All capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to them in the Purchase Agreement. In consideration of payment by ARC of the purchase price indicated below. Such Purchase Price described in the Purchase Agreement and other good and valuable consideration, the receipt and sufficiency of which Seller hereby acknowledges, Seller hereby sells, conveys, transfers, assigns and delivers to Purchaser and its successors and assigns, all of Seller's right, title and interest in and to the Purchased Personal Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except located on or relating to the Facility known as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property[_____________], free and clear of any encumbrancesall Liens and liabilities whatsoever, conditional sale agreementsexcept for the Assumed Liabilities and Permitted Encumbrances. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, security interests, restrictions and rights SELLER IS CONVEYING THE PURCHASED PERSONAL PROPERTY "AS IS" WITH NO ADDITIONAL REPRESENTATIONS OR WARRANTIES WHATSOEVER. This Bxxx of othersSale is subject to the terms of the Purchase Agreement, and Seller hereby binds itself nothing contained herein shall be deemed to forever warrant modify, alter or amend the Property unto Buyer, its successors terms and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as provisions of the 30th day Purchase Agreement. In the event of December 2013 VIKING ROCKany inconsistency or conflict between the terms of the Purchase Agreement and the terms of this Bxxx of Sale, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxxthe terms of the Purchase Agreement shall prevail.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Realty Capital Healthcare Trust II, Inc.)

Bxxx of Sale. State of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCK, AS. a corporation incorporated under the laws of the state of Delaware, USA, (“Seller”), has sold and delivered, and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact Engineering, AS (“Buyer”), all the personal property described below for and in consideration of the purchase price indicated below. Such Property consists of used items and is being purchased “AS IS”, “Where IS”, “WITH ALL FAULTS” BASIS, AND NO WARRANTIES OF ANY KIND ARE EXPRESSED OR TO BE IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ANY OBVIOUS DEFECTS), OPERATION, SALABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SAID PROPERTY, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAME. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyer, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 30430 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing 2009 Western Star VIN: 1X0X000000X000000 5XXXXXXX00XXX0000 SALE PRICE: $396.500,00 241,307.68 ODOMETER: N/A 64,154 BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxx

Appears in 1 contract

Samples: Coiled Tubing Asset Package Lease Agreement (Eco-Stim Energy Solutions, Inc.)

Bxxx of Sale. State For valuable consideration, the receipt and sufficiency of Texas] County of Hxxxxx] KNOW ALL MEN BY THESE PRESENTS: THAT VIKING ROCKwhich is hereby acknowledged, AS. IEA INCOME FUND XII, L.P., a corporation incorporated under the laws of the state of Delaware, USA, California limited partnership (“Seller”)) does hereby sell, has sold assign and deliveredtransfer unto DX. XXXX XXXXXX, and by these presents does sell and deliver to “BUYER”: BUYER NAME: Impact Engineering, AS a resident of the United Kingdom (“Buyer”), and his successors and assigns, all right, title and interest of Seller in and to the personal property described below for marine cargo containers and in consideration related equipment listed on Schedule 1 attached hereto (the “Equipment”) to have and to hold the same unto Buyer, his successors and assigns, forever. Seller hereby warrants that it has good and marketable title to the Equipment, and that Seller’s title thereto is free and clear of all liens, charges, security interests, or other encumbrances other than the purchase price indicated belowuse and possessory rights of third party lessees as contemplated under Seller’s lease or management agreements with Cronos Containers Limited, an English company. Such Property consists This Bxxx of used items and Sale is being purchased delivered in connection with the Container Purchase Agreement between Seller, Cronos Capital Corp., a California corporation, and Buyer dated as of November 1, 2007 (the AS Purchase Agreement”). EXCEPT FOR THE WARRANTY OF TITLE SET FORTH IN THIS BXXX OF SALE AND THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THE PURCHASE AGREEMENT, THE EQUIPMENT IS BEING SOLD TO BUYER BY SELLER “AS-IS” “WHERE-IS”, “Where IS”WITHOUT ANY OTHER REPRESENTATIONS AND WARRANTIES, “WITH ALL FAULTS” BASISWHETHER WRITTEN, ORAL OR IMPLIED, AND NO WARRANTIES SELLER SHALL NOT, BY VIRTUE OF HAVING SOLD THE EQUIPMENT HEREWITH, BE DEEMED TO HAVE MADE ANY KIND ARE EXPRESSED REPRESENTATIONS OR TO BE WARRANTY, EXPRESS OR IMPLIED. BUYER ACKNOWLEDGES THAT IT HAS INSPECTED THE PROPERTY AND AGREES AND UNDERSTANDS THAT SELLER DOES NOT IN ANY WAY WARRANT THE CONDITION (INCLUDING BUT NOT LIMITED , NOW OR HEREAFTER, AS TO THE PRESENCE OF ANY OBVIOUS DEFECTS)CONDITION, DESIGN, OPERATION, SALABILITYMAINTENANCE, MERCHANTABILITY VALUE, MARKETABILITY, MERCHANTABILITY, OR FITNESS FOR USE OR FOR A PARTICULAR PURPOSE OF SAID PROPERTYANY OF THE CONTAINERS OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY OF THE CONTAINERS AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, BUYER AGREEING BY ITS ACKNOWLEDGEMENT HEREUNDER THAT SELLER MAKES NO WARRANTIES REGARDING SAMEDEALING OR USAGE OR THE TRADE. Seller warrants that except as set forth below, it has good Valid and marketable title to and the unqualified right to sell, convey, transfer and assign Property, free and clear of any encumbrances, conditional sale agreements, security interests, restrictions and rights of others, and Seller hereby binds itself to forever warrant the Property unto Buyer, its successors and assigns against the lawful claims and demands of every person whomsoever. UNIT NUMBER: T45372 YEAR, MAKE, MODEL: 2004 Atoka Manufacturing VIN: 1X0X000000X000000 SALE PRICE: $396.500,00 ODOMETER: N/A BUYER: BY: /s/ Jogeir Romestrand DATE: 27 December 2013 SIGNATURE Jogeir Romestrand PRINT NAME IN TESTIMONY THEREOF Seller has caused these presents to be executed by its duly authorized representative as of the 30th day of December 2013 VIKING ROCK, AS BY: /s/ J. Cxxxx Xxxxxxx ITS: CEO Jxx Xxxxxxxxxxx Xxxxxxx[Signature page follows.]

Appears in 1 contract

Samples: Container Purchase Agreement (Iea Income Fund Xii Lp)

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