Common use of Excluded Documents Clause in Contracts

Excluded Documents. As used herein, "Excluded Documents" shall mean (a) any documents involving Sellers' financing or refinancing of the Properties (other than documents pertaining to the physical or environmental condition of the Properties and other than documents pertaining to the Loans), (b) any purchase and escrow agreements and correspondence pertaining to Sellers' acquisition of the Properties (other than documents pertaining to the physical or environmental condition of the Properties), (c) any documents pertaining to the potential acquisition of the Properties by any past or prospective purchasers (other than documents relating to the physical or environmental condition of the Properties), (d) any third party purchase inquiries and correspondence, appraisals or economic evaluations of the Properties, (e) Sellers' organizational documents and records, internal budgets, financial projections, reports or correspondence prepared by Seller or Sellers' advisors exclusively for Sellers or Sellers' constituent entities and any other internal documents (other than documents relating to the physical or environmental conditions of the Properties), (f) any personnel records and files maintained by or on behalf of Sellers with respect to individuals, if any, employed at or in connection with the Properties which Sellers are obligated by law or otherwise to keep confidential, and (g) any documents or materials which are subject to the attorney/client privilege or which are the subject of a confidentiality obligation. Notwithstanding anything in Section 4.1.2 to the contrary, Sellers shall have no obligation to make available to Buyer and Buyer's authorized agents and representatives, and Buyer and Buyer's authorized agents and representatives shall have no right to inspect to make copies of, any of the Excluded Documents.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (United Dominion Realty Trust Inc), Agreement of Purchase and Sale (Essex Property Trust Inc)

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Excluded Documents. As used herein, "Excluded Documents" shall mean (a) any documents involving Sellers' financing or refinancing purchase and escrow agreements and correspondence pertaining to Property Owner's acquisition of the Properties Property (other than documents pertaining to the physical or environmental condition of the Properties and other than documents pertaining to the LoansReal Property), (b) any purchase and escrow agreements and correspondence pertaining to Sellers' acquisition of the Properties (other than documents pertaining to the physical or environmental condition of the Properties), (c) any documents pertaining to the potential acquisition of the Properties Property by any past or prospective purchasers (other than documents relating to the physical or environmental condition of the PropertiesReal Property), (dc) any third party purchase inquiries and correspondence, appraisals or economic evaluations of the PropertiesProperty, (ed) Sellers' Property Owner's organizational documents and records, internal budgets, financial projections, reports or correspondence prepared by Seller Property Owner or Sellers' advisors by Property Owner's advisor exclusively for Sellers Property Owner or Sellers' Property Owner's constituent entities principals and any other internal documents (other than documents relating to the physical physical, financial or environmental conditions condition of the PropertiesReal Property), (fe) any personnel records and files maintained by or on behalf of Sellers Property Owner with respect to individuals, if any, employed at or in connection with the Properties Real Property which Sellers are Property Owner is obligated by law or otherwise to keep confidential, and (gf) any documents or materials which are subject to the attorney/client privilege or which are the subject of a confidentiality obligation. If any document or material subject to a confidentiality obligation will be binding on the Company after the Closing, Property Owner shall use its best efforts to obtain any required consents to disclose the same to CBL/OP and will notify CBL/OP if there are any such documents or materials for which it has not been able to obtain such consent. Notwithstanding anything in this Section 4.1.2 4.2 to the contrary, Sellers Property Owner shall have no obligation to make available to Buyer CBL/OP and BuyerCBL/OP's authorized agents agents, consultants, contractors and representatives, and Buyer CBL/OP and BuyerCBL/OP's authorized agents and representatives shall have no right to inspect to or make copies of, any of the Excluded Documents.

Appears in 2 contracts

Samples: Contribution Agreement and Joint Escrow Instructions (CBL & Associates Properties Inc), Contribution Agreement and Joint Escrow Instructions (CBL & Associates Properties Inc)

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Excluded Documents. As used herein, "Excluded Documents" shall mean (a) any documents involving Sellers' financing or refinancing purchase and escrow agreements and correspondence pertaining to Property Owner's acquisition of the Properties Property (other than documents pertaining to the physical or environmental condition of the Properties and other than documents pertaining to the LoansReal Property), (b) any purchase and escrow agreements and correspondence pertaining to Sellers' acquisition of the Properties (other than documents pertaining to the physical or environmental condition of the Properties), (c) any documents pertaining to the potential acquisition of the Properties Property by any past or prospective purchasers (other than documents relating to the physical or environmental condition of the PropertiesReal Property), (dc) any third party purchase inquiries and correspondence, appraisals or economic evaluations of the PropertiesProperty, (ed) Sellers' Property Owner's organizational documents and records, internal budgets, financial projections, reports or correspondence prepared by Seller Property Owner or Sellers' advisors by Property Owner's advisor exclusively for Sellers Property Owner or Sellers' Property Owner's constituent entities principals and any other internal documents (other than documents relating to the physical physical, financial or environmental conditions condition of the PropertiesReal Property), (fe) any personnel records and files maintained by or on behalf of Sellers Property Owner with respect to individuals, if any, employed at or in connection with the Properties Real Property which Sellers are Property Owner is obligated by law or otherwise to keep confidential, and (gf) any documents or materials which are subject to the attorney/client privilege or which are the subject of a confidentiality obligation. If any document or material subject to a confidentiality obligation will be binding on CBL/OP after the Closing, Property Owner shall use its best efforts to obtain any required consents to disclose the same to CBL/OP and will notify CBL/OP if there are any such documents or materials for which it has not been able to obtain such consent. Notwithstanding anything in this Section 4.1.2 4.2 to the contrary, Sellers Property Owner shall have no obligation to make available to Buyer CBL/OP and BuyerCBL/OP's authorized agents agents, consultants, contractors and representatives, and Buyer CBL/OP and BuyerCBL/OP's authorized agents and representatives shall have no right to inspect to or make copies of, any of the Excluded Documents.

Appears in 2 contracts

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (CBL & Associates Properties Inc), Eastland Medical Building Purchase and Sale Agreement and Joint Escrow Instructions (CBL & Associates Properties Inc)

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