Common use of Conflicts and Pending Action Clause in Contracts

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)

AutoNDA by SimpleDocs

Conflicts and Pending Action. There is no agreement to which any Seller is a party party, or to Seller’s knowledge is binding on Seller which is in conflict with Seller, whose provisions will be breached by consummation of the transaction contemplated by this AgreementContract. There To Seller’s knowledge, there is no action or proceeding pending or, to Seller’s knowledge, or threatened against the Real Property, including condemnation or re-zoning proceedings, or against the Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this AgreementContract.

Appears in 3 contracts

Samples: Improved Commercial Property Earnest Money Contract, Improved Commercial Property Earnest Money Contract (Resource Real Estate Opportunity REIT, Inc.), Improved Commercial Property Earnest Money Contract (Resource Real Estate Opportunity REIT, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against Seller of the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Purchase and Sale Agreement (Cole Corporate Income Trust, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to To Seller’s knowledge, Seller has not received written notice from any applicable governmental authority of any pending or threatened action against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or or, to the best of Seller’s knowledge 's knowledge, binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against the Propertyand Seller has received no written notice of any proceeding, including condemnation or re-zoning proceedings, or proceedings against the Seller or any Seller’s Affiliate which challenges or impairs Seller’s or 's ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Blue Ridge Real Estate Co), Purchase and Sale Agreement (Blue Ridge Real Estate Co)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller Seller, which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against Seller of the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.; and

Appears in 2 contracts

Samples: Purchase and Sales Agreement (Notes Live, Inc.), Purchase and Sale Agreement (Fresh Vine Wine, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened (pursuant to a written notice to Seller or its agent) against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

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

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against the Property, including condemnation or re-zoning proceedings, or against the Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Asset Capital Corporation, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Brightpoint Inc), Purchase and Sale Agreement (Rae Systems Inc)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement. Except as described in Item 10 of Schedule B-1 to the Title Commitment, there is no pending litigation brought by or against Seller or affecting the Property (including, without limitation, the Leases or the Service Contracts) or the operation of the Property.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Morgans Hotel Group Co.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action action, administrative proceeding, suit, claim, litigation, investigation or other legal proceeding pending or, to Seller’s knowledge, threatened in writing against the Interests, the Property Owner or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement, and there are currently no remediation activities being conducted or in process on or in connection with the Property.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Cottonwood Communities, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s 's knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s 's knowledge, threatened against the PropertyProperty or Seller, including condemnation or re-zoning proceedings, which relates to the Property, the Security Deposits or against Seller the Leases, or any Seller’s Affiliate which challenges or impairs Seller’s or 's ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cyberonics Inc)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s 's knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s 's knowledge, threatened against Seller of the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or 's ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Action. There is no agreement to which any Seller is a party or or, to Seller’s knowledge knowledge, which is binding on Seller which is in conflict with this Agreement. There To Seller’s knowledge, there is no action or proceeding pending or, to Seller’s knowledge, or threatened in writing against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

AutoNDA by SimpleDocs

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement and which would prevent Seller from performing its obligations under this Agreement. There Seller is no not a party to any action or proceeding pending orand, to Seller’s knowledge, there is no action or proceeding threatened (pursuant to a written notice received by Seller or its agent) against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Action. There Other than the Lease, there is no agreement to which any Seller is a party or to Seller’s 's knowledge binding on Seller which is in conflict with this Agreementwould bind the Property prior to Closing. There is no action or proceeding pending or, to Seller’s 's knowledge, threatened against the Property, including condemnation or re-zoning proceedings, or against Seller or any the Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Assignment of Purchase and Sale Agreement (Cole Credit Property Trust II Inc)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There To Seller's knowledge, there is no action or proceeding pending orpending, to Seller’s knowledgeor threatened in writing, threatened against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which (i) challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement, or (ii) materially and adversely affects the Property, except as set forth on Schedule 8.1(b).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Trade Street Residential, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action or proceeding pending or, to Seller’s knowledge, threatened against the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There is no action action, suit or proceeding pending or, to Seller’s knowledge, threatened against the Property, including condemnation or re-zoning proceedings, or against Seller or any the Seller, other than matters covered by Seller’s Affiliate which challenges or impairs insurance and that would not impair Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or or, to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There To Seller’s knowledge, there is no action or proceeding pending or, to Seller’s knowledge, threatened against the Propertyproceeding, including condemnation or re-zoning proceedings, pending or threatened in writing against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreementthe Property.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Equinix Inc)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or to Seller’s 's knowledge binding on Seller which is in conflict with this Agreement. There is no Agreement To Seller's knowledge, Seller has not received written notice from any applicable governmental authority of any pending or threatened action or proceeding pending or, to Seller’s knowledge, threatened notices of violation against Seller or the Property, including condemnation proceedings or re-zoning proceedingschanges in zoning, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or 's ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Conflicts and Pending Action. There is no agreement to which any Seller is a party or or, to Seller’s knowledge binding on Seller which is in conflict with this Agreement. There To Seller’s knowledge, there is no action or proceeding pending or, to Seller’s knowledge, or threatened in writing against Seller or the Property, including condemnation or re-zoning proceedings, or against Seller or any Seller’s Affiliate which challenges or impairs Seller’s or ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carramerica Realty L P)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!