Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ability to execute or perform its obligations under this Agreement.
Conflicts and Pending Actions. There is no contract to which Buyer is a party or that is binding on Buyer which is in conflict with this Agreement. To Buyer’s knowledge, there is no action or proceeding pending or threatened against Buyer which challenges or impairs Buyer’s ability to execute or perform its obligations under this Agreement.
Conflicts and Pending Actions. There is no agreement to which Purchaser (including any permitted assignee, designee or nominee) is a party or, to Purchaser’s knowledge, binding on Purchaser (including any permitted assignee, designee or nominee) which is in conflict with this Agreement. There is no action or proceeding pending or, to Purchaser’s knowledge, threatened against Purchaser (including any permitted assignee, designee or nominee) which challenges or impairs Purchaser’s ability to execute or perform the obligations of Purchaser (including any permitted assignee, designee or nominee) under this Agreement.
Conflicts and Pending Actions. There is no agreement to which Franchisee (or any affiliate) is a party or binding on Franchisee (or any affiliate), which is in conflict with the Franchise Document, or which would otherwise preclude or prevent Franchisee from performing Franchisee’s obligations contained in the Franchise Documents. There is no pending or threatened litigation, governmental proceeding, notice of action required to be taken, judgment, cause of action, special assessment, charge against or related to the subject matter of the Franchise Documents, or against Franchisee (or any affiliate) with respect thereto, and Franchisee does not have any actual knowledge of any uncured material violation of any rule, order, or regulation issued by any governmental agency with respect to Franchisee (or any affiliate).
Conflicts and Pending Actions. To Seller’s knowledge, there is no agreement to which Seller is a party or that is binding on Seller under which Seller will be in default as a result of entering into or consummating this Agreement. To Seller’s knowledge, other than in connection with the Bankruptcy Proceeding there is no litigation, action or proceeding pending either (a) against Seller, which challenges or impairs Seller’s ability to execute or perform its obligations under this Agreement, or (b) relating to the Property by reason of Seller’s ownership or operation of the Property or any portion thereof. Except for those rights previously disclosed to Purchaser, no rights of first offer or rights of first refusal regarding the Property exist under the organizational documents of Seller or under any agreement by which Seller or the Property is or may be bound or affected.
Conflicts and Pending Actions. There is no agreement to which AmeriVest Xxxxxxxxx Inc. is a party or, to AmeriVest Xxxxxxxxx Inc.’s knowledge, that is binding on AmeriVest Xxxxxxxxx Inc. which is in conflict with this Agreement, or which challenges or impairs AmeriVest Xxxxxxxxx Inc.’s ability to execute or perform its obligations under this Agreement. To AmeriVest Xxxxxxxxx Inc.’s knowledge, there is no action or proceeding or litigation pending or threatened against AmeriVest Xxxxxxxxx Inc. or relating to the Xxxxxxxxx Park Property.
Conflicts and Pending Actions. There is no agreement to which Buyer is a party or to Buyer’s knowledge binding on Buyer which is in conflict with this Agreement. There is no action or proceeding pending or, to Buyer’s knowledge, threatened against Buyer which challenges or impairs Buyer’s ability to execute or perform its obligations under this Agreement.
Conflicts and Pending Actions. There is no agreement to which Seller or Tenant are a party or that is binding on Seller or Tenant which is in conflict with this Agreement. Seller and Tenant have not entered into and there is not existing any other agreement, written or oral, under which Seller and Tenant are or could become obligated to sell the Property, or any portion thereof, to a third party. There is no action or proceeding pending or, to Seller’s and Xxxxxx’s knowledge, threatened against Seller and Tenant, or relating to the Property, which challenges or impairs Seller’s ability to execute or perform its obligations under this Agreement or against or with respect to the Property. Seller has not committed or obligated itself in any manner whatsoever to sell, lease or encumber the Property or any interest therein to any other party. No rights of first offer or rights of first refusal regarding the Property exist under the organizational documents of Seller or under any agreement by which Seller or the Property is or may be bound or affected (including the Lease). 9.1.3
Conflicts and Pending Actions. There is no action or proceeding pending or, to Seller’s knowledge, threatened against Seller relating to the Property, which challenges or impairs Seller’s ability to execute or perform its obligations under this Agreement or against or with respect to the Property. Seller has not committed or obligated itself in any manner whatsoever to sell, lease or encumber the Property or any interest therein to any other party.
Conflicts and Pending Actions. There is no agreement to which Seller is a party or that is 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 relating to the Property, which challenges or impairs Seller’s ability to execute or perform its obligations under this Agreement or against or with respect to the Property. Seller has not committed or obligated itself in any manner whatsoever to sell, lease or encumber the Property or any interest therein to any other party in any manner that would create a conflict with Seller’s obligations hereunder. No rights of first offer or rights of first refusal regarding the Property exist under the organizational documents of Seller or under any agreement by which Seller or the Property is or may be bound or affected.
