Indiana Responsible Property Transfer Law. The Mortgaged Property does not constitute "property" within the meaning of the Indiana Responsible Property Transfer Law, IC 13-11-2-174.
Indiana Responsible Property Transfer Law. Tenant and Landlord acknowledge that the transactions contemplated by this Lease may be subject to the provisions of the Indiana Responsible Property Transfer Law (Ind. Code 13-25-3-1, et seq.). Landlord agrees that it shall either (a) comply with the provisions of the Indiana Responsible Property Transfer Law and provide the Tenant and Tenant’s Lender, if any, with a “disclosure document” as and when required by the Indiana Responsible Property Transfer Law, or (b) provide the Tenant with a certification acceptable to Tenant on or before Closing that the transactions contemplated by this Lease are not subject to the provisions of the Indiana Responsible Property Transfer Law.
Indiana Responsible Property Transfer Law. Buyer and Seller acknowledge that the transactions contemplated by this Agreement may be subject to the provisions of the Indiana Responsible Property Transfer Law (Ind. Code 13-25-3-1, et seq.). Seller agrees that it shall either (a) comply with the provisions of the Indiana Responsible Property Transfer Law and provide the Buyer and Buyer's Lender, if any, with a "disclosure document" as and when required by the Indiana Responsible Property Transfer Law, or (b) provide the Buyer with a certification on or before Closing that the transaction contemplated by this Agreement is not subject to the provisions of the Indiana Responsible Property Transfer Law.
Indiana Responsible Property Transfer Law. Borrower represents and warrants to Mortgagee that the Property is not subject to the Indiana Responsible Property Transfer Law (Indiana Code ss.13-7-22.5-1 et seq.) D-3 248 ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT OF LEASES AND RENTS (the "Assignment") is made and entered into as of the 22nd day of December, 1999, from JAMEXXX XXXS, INC., whose address is 8 Perixxxxx Xxxxxx Xxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000-0000 (xxreafter referred to as "Borrower"), to FIRSTAR BANK, N.A., a National banking association whose address is One Xxxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000-0000 (xxreafter referred to as "Bank");
Indiana Responsible Property Transfer Law. Buyer covenants and agrees that, to the extent the provisions of the Indiana Responsible Property Transfer Law (the "Transfer Law") apply to the transactions contemplated by this Agreement, to waive, and pursuant to Section 10(b) of the Transfer Law, it hereby waives, any right to receive a disclosure document, as described in Section 10 of the Transfer Law. Buyer further covenants and agrees that it shall not seek to void this Agreement and the transactions contemplated hereby on the grounds that the disclosure document required to be delivered pursuant to the Transfer Law was not delivered to Buyer by Seller. Buyer makes the covenants and grants the waivers herein contained with full awareness of the purpose and intent of the Transfer Law.
Indiana Responsible Property Transfer Law. Purchaser acknowledges that Seller has delivered to Purchaser and Purchaser’s lender, if any, a fully completed and executed Indiana Responsible Property Transfer Law disclosure form for Property located in Indiana in the form proscribed by Indiana statute. Within thirty (30) days after the Closing Date, Purchaser shall file the disclosure form (and attached site plan, if required) with the Indiana Department of Environmental Management and shall record the disclosure form in the appropriate County Recorder’s Office. Purchaser hereby agrees to indemnify and hold Seller harmless against all claims, costs, damages, expenses, liabilities, losses and penalties, including, but not limited to, attorneys’ fees, which Seller may incur as a result of Purchaser’s failure to comply with its obligations pursuant to this Section 9.11. Purchaser’s indemnity hereunder shall survive the Closing of this transaction.
Indiana Responsible Property Transfer Law. None of the Real Property is within the definition of the term “property” contained in IC 13-11-2-174 of the Indiana Responsible Property Transfer Law (“IRPTL”) (IC 13-25-3-1 et seq.) and Seller is not required to deliver a disclosure statement under IRPTL to Buyer in connection with this transaction.
Indiana Responsible Property Transfer Law. Buyer and Seller hereby waive compliance with the 30 day advance notice requirements under the Indiana Responsible Property Transfer Law ("IRPTL") with respect to the Xxxxxxxx Facility. On or prior to the Closing Date, Seller shall provide the disclosure document required under the IRPTL to Buyer with respect to the Xxxxxxxx Facility.
Indiana Responsible Property Transfer Law. Borrower represents and warrants that (a) either (1) none of the Property is within the definition of the term "property" as defined in Indiana Code Section 13-11-2-174 and no person is required as a result of the execution and delivery of this Mortgage to furnish to any other person the disclosure documents described in and provided for in the Indiana Responsible Property Transfer Law (I.C. 13-25-3) or (2) all required disclosure documents have been timely delivered to all persons specified in the Indiana Responsible Property Transfer Law and, (b) except as disclosed in any environmental audits and reports delivered to Lender, the Property does not, to the actual knowledge of Borrower, contain any environmental defect as defined in I.C. 1311-2-70.
Indiana Responsible Property Transfer Law. Lender acknowledges ----------------------------------------- that it is aware of the purpose and intent of the disclosure document required under the Indiana Responsible Property Transfer Law, Indiana Code 13-25-3, and hereby waives delivery of such disclosure documents. Lender agrees that no disclosure document shall be required to be completed by Borrower or any other party. [signatures follow on next page] 104
