Common use of Conflicts and Pending Actions Clause in Contracts

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.

Appears in 9 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc), Agreement of Purchase and Sale (Apple Residential Income Trust Inc)

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Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this AgreementContract. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this AgreementContract.

Appears in 5 contracts

Samples: Real Estate Sale Contract, Real Estate Sale Contract (Carter Validus Mission Critical REIT, Inc.), Real Estate Sale Contract (Carter Validus Mission Critical REIT, Inc.)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 4 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.), Purchase and Sale Agreement (Wells Real Estate Investment Trust Ii Inc)

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. To Seller's knowledge, there is no action or proceeding or litigation pending or threatened against Seller or relating to the Property.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc), Agreement of Purchase and Sale (Amerivest Properties Inc), Agreement of Purchase and Sale (Amerivest Properties Inc)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which that is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which Property that challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement, which challenges or impairs Seller’s ability to execute or perform its obligations under this Agreement. To Seller's ’s knowledge, there is no action or proceeding or litigation 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.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc), Agreement of Purchase and Sale (Amerivest Properties Inc)

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, as of the Effective Date 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.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Preferred Apartment Communities Inc), Agreement of Purchase and Sale (Capital Lease Funding Inc)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, as of the Effective Date there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale

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, Seller is not in default under any agreement related to the Property. To Seller's knowledge, there is no action or proceeding pending or threatened in writing against Seller or relating to the Property, which challenges or impairs Seller's ability to execute or perform its obligations under this Agreement.Property except as set forth on Exhibit G.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Berkshire Income Realty Inc), Agreement of Purchase and Sale (Berkshire Income Realty Inc)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's knowledge, that is or binding on Seller which is in conflict with this Agreement. To Seller's ’s actual knowledge, except as disclosed in the Documents, there is no action or proceeding pending or threatened in writing against Seller or relating to the Property, including, without limitation, any condemnation or re-zoning proceedings, any tax abatement or other action or proceeding with respect to the assessed valuation, real estate taxes and/or assessments affecting the Property, or any action or proceeding which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller or the Property which is in conflict with this Agreement. To Seller's knowledge, there There is no action or proceeding (including litigation) pending or threatened against Seller or relating to the Property, Property which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which any Seller is a party or, to Seller's Sellers’ knowledge, that is binding on any Seller which is in conflict with this Agreement. To Seller's Sellers’ knowledge, there is no action or proceeding pending or threatened against any Seller or relating to the any Property, which challenges or impairs any Seller's ability to execute or perform its respective obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement. The Pending Litigation is expressly excluded from the foregoing representation and warranty.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the PropertyProperty or the Rec Lot Portion, which challenges or impairs which, if adversely determined, could reasonably be expected to impair Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Gyrodyne, LLC)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's knowledgean agreement by which the Property is bound, that is binding on Seller or the Property which is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened litigation or governmental enforcement against Seller or in any way relating to the Property, which challenges or impairs Seller's ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

Conflicts and Pending Actions. There is no agreement to which Seller SELLER is a party or, to Seller's SELLER’s knowledge, that is binding on Seller which SELLER that is in conflict with this Agreement. To Seller's SELLER’s knowledge, there is no action or proceeding pending or threatened against Seller SELLER or relating to the Property, which Property that challenges or impairs Seller's SELLER’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with will preclude Seller from performing its obligations under this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending and served or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Rexford Industrial Realty, Inc.)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement, or would in any instance bind the Property or the Purchaser.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Wells Mid-Horizon Value-Added Fund I LLC)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement or would prevent Seller from performing Seller’s obligations under this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tejas Inc)

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, As of the Effective Date there is no action or proceeding pending or to Seller's knowledge, threatened against Seller or relating to the PropertyProperties or Facilities, which challenges or impairs Seller's ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

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Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is are binding on Seller which is are in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, Property which challenges or impairs Seller's ’s ability to execute or perform its their obligations under this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (X Rite Inc)

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, there is no litigation, action or proceeding pending or threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement, except as set forth on Schedule 9.1.2 attached hereto.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which that is in conflict with this Agreement. To Seller's ’s knowledge, there is no action or proceeding pending or threatened against Seller or relating to the Property, which Properties that challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's knowledge, there 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 ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's ’s knowledge, except for the Pending Condemnation Case, there is no action or proceeding pending or threatened against Seller or relating to the Property, Property which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (X Rite Inc)

Conflicts and Pending Actions. There is no agreement to which a Seller is a party or, to Seller's Sellers’ knowledge, that is binding on a Seller which is in conflict with this Agreement. To Seller's Sellers’ knowledge, as of the Effective Date, there is no action or proceeding pending or threatened against a Seller or relating to the Property, which challenges or impairs either Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

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, As of the Effective Date there is no action or proceeding pending or to Seller's knowledge, threatened against Seller or relating to the PropertyProperties or Facilities, which challenges or impairs Seller's ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

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

Conflicts and Pending Actions. There Except as disclosed by Seller to Purchaser, 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 There is no action or proceeding pending or 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, and no order or other relief has been entered that imposes any recorded lien or other encumbrance on any of the Property.

Appears in 1 contract

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

Conflicts and Pending Actions. There is no agreement to which Seller is a party or, to Seller's ’s knowledge, that is binding on Seller which is in conflict with this Agreement. To Seller's knowledgeAs of the Effective Date, except as disclosed to Purchaser in writing, there is no action or proceeding (including litigation) pending or or, to Seller’s knowledge, threatened against Seller or relating to the Property, which challenges or impairs Seller's ’s ability to execute or perform its obligations under this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (McAfee Corp.)

Conflicts and Pending Actions. There is no agreement to which a Seller is a party or, to each Seller's ’s knowledge, that is binding on a Seller which that is in conflict with this Agreement. To each Seller's ’s knowledge, there is no action or proceeding pending or threatened against a Seller or relating to the Property, which Property that challenges or impairs the Seller's ’s ability to execute or perform its obligations under this Agreement. Each Seller warrants and covenants that it has not entered into any other contract to sell its Property or any part thereof which is currently in effect.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bruker Corp)

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 AgreementAgreement or Seller's obligations hereunder. To Seller's knowledge, there is no litigation, arbitration, or other legal or administrative suit, action or proceeding proceeding, including any litigation in connection with any Lease or Service Contract, 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.

Appears in 1 contract

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

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 AgreementContract. To Seller's knowledge, there is no action or proceeding pending or 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 AgreementContract.

Appears in 1 contract

Samples: Dividend Capital Trust Inc

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