LEASE TO SELLER Sample Clauses

LEASE TO SELLER. On the Closing Date, RII Sub will lease to Seller the office, shop and storage space located on the portion of the Owned Facilities formerly used as a truck terminal (the "Terminal Lease"). The Lease shall provide, among other things, for the lessee to be responsible for its pro-rata share of utilities, taxes and insurance on the leased premises, for rental at the rate of $1.00/annum, and for a term of five years with two five year renewals at the option of the Seller and early termination available to either party on six months prior written notice. Lessee shall be responsible for any upfitting or improvements to the premises provided that any such improvements shall become the property of the lessor upon termination of the Terminal Lease. The Terminal Lease shall not be assigned or transferred by Seller nor may Seller sublet any portion of the Terminal Lease without the prior written consent of RII Sub. The form of Terminal Lease is attached hereto as Exhibit A.
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LEASE TO SELLER. In the event BUYER obtains title to the real estate, BUYER shall negotiate a cash rental lease with SELLER for that part of the tillable acreage of the PROPERTY not required by BUYER for BUYER’s intended use. Such lease shall contain the normal terms and provisions of a cash rental lease and the cash rent shall be One Hundred ($100.00) Dollars per tillable acre. The term of the lease shall end upon termination by SELLER. If BUYER elects to take possession of any of the real estate which it has leased to SELLER prior to the time that any growing crops are removed, BUYER shall pay damages for loss of crops to SELLER in accordance with the terms set forth in paragraph 8 above.
Sample 1
LEASE TO SELLER. 16 22. MISCELLANEOUS..........................................................................................17 EXHIBIT A LEGAL DESCRIPTION OF THE LAND........................................................................23 EXHIBIT B INTENTIONALLY OMITTED................................................................................25 EXHIBIT C DUE DILIGENCE MATERIALS..............................................................................26 EXHIBIT D SPECIAL WARRANTY DEED................................................................................27 EXHIBIT E BILL OF SALE.........................................................................................32 EXHIBIT F CERTIFICATE OF NONFOREIGN STATUS.....................................................................35 EXHIBIT G ASSIGNMENT...........................................................................................37 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 1. IDENTIFICATION OF PARTIES THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of August 20, 2008 (the "Effective Date") by and between GOLDEN FLAKE SNACK FOODS, INC., a Delaware corporation ("Seller"), and MICHAEL L. RANKIN, or his assigns ("Xxxxxxxxx").
Sample 1
LEASE TO SELLER. During the Due Diligence Period, Purchaser and Seller shall negotiate a lease for the Tract I Space; however, the execution of or failure to execute such lease shall not be a condition precedent to Closing and shall not constitute a breach of the terms of this Agreement by either party. In the event Purchaser and Seller, during the Due Diligence Period, fail to execute, for whatever reason, a lease for the Tract I Space, then Seller shall have a period of 60 days following Closing to vacate the Tract I Space and remove all of its personal property therefrom at no rent or charge to Seller.
Sample 1
LEASE TO SELLER. Seller intends, immediately upon Closing, to lease from Purchaser one-half of the Building and associated storage and parking areas included in the Property (collectively with the Building, the "Premises"). Purchaser and Seller are executing such lease (the "Lease") concurrently with the execution and delivery of this Agreement, with its effectiveness subject only to Closing. The obligations of each of Purchaser and Seller to perform its respective obligations under this Agreement are contingent upon execution and delivery of the Lease by the other. At Closing the Closing Date shall be inserted in the Lease as the Commencement Date thereof.
Sample 1
LEASE TO SELLER. In the event BUYER obtains title to the real estate, BUYER shall negotiate a cash rental lease with either SELLER or Gxxx Xxxxxxx or Dxxxxx Xxxxxxx or any entity which is owned 100% by either or both of Gxxx Xxxxxxx or Dxxxxx Xxxxxxx for that part of the tillable acreage of the PROPERTY not required. by BUYER for BUYER’S intended use. Such lease shall contain the normal terms and provisions of a cash rental lease and the cash rent shall be One Hundred ($100.00) Dollars per tillable acre. The term of the lease shall end upon termination by lessee (SELLER herein) or until the death of both Gxxx Xxxxxxx and Dxxxxx Xxxxxxx, whichever event occurs first.
Sample 1
LEASE TO SELLER. At Closing Seller and Buyer will execute a lease on Buyer's standard form lease pursuant to which Buyer will lease to Seller certain storage space at the rear of the Shopping Center currently being used by Seller. The term of such lease will be five (5) years, subject to early termination (i) by Seller on thirty (30) days prior written notice; and (ii) by Buyer (A) if Buyer determines in good faith that it needs the leased premises for expansion space in the Shopping Center for an existing or new tenant into space contiguous to the leased premises, upon ninety (90) days prior written notice (Buyer agreeing to give Seller prompt notice of the commencement of substantive negotiations concerning such expansion); or (B) after the completion of the second lease year, upon one (1) year(s) prior written notice with or without cause. While there will be no rent or passthroughs payable by the Seller as tenant under the lease, the other usual provisions of Buyer's form lease will apply, to be negotiated during the Inspection Period.
Sample 1
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LEASE TO SELLER. Seller and Purchaser acknowledge and agree that Seller shall continue to occupy approximately 835,649 rentable square feet of the Building on specific floors and in various configurations after the Closing pursuant to a lease in the form of the Lease Agreement annexed to this Contract as Exhibit 8 (the “Lease”).
Sample 1
LEASE TO SELLER. In consideration of Seller's agreement to sell and Purchaser's agreement to purchase the Property, the Purchaser agrees to lease the Property to Seller at closing upon the terms and conditions set forth in the lease attached hereto as EXHIBIT "B" (the "Lease"). Execution and delivery of the Lease by the Purchaser and Seller is a condition precedent to the Seller's and Purchaser's respective obligations to close this transaction.
Sample 1

Related to LEASE TO SELLER

  • Lease Assignment To the best of Seller's knowledge, the ------------------ Tenant has not assigned its interest in the Lease or sublet any portion of the premises leased to the Tenant under the Lease.

  • Seller For each Mortgage Loan, the seller of such Mortgage Loan pursuant to the Mortgage Loan Purchase Agreement.

  • Conveyance by Lessor Lessor may assign this Lease to any purchaser of the Leased Property. If Lessor or any successor owner of the Leased Property conveys the Leased Property in accordance with the terms hereof other than as security for a debt, and the grantee or transferee of the Leased Property expressly assumes all obligations of Lessor hereunder arising or accruing from and after the date of such conveyance or transfer, Lessor or such successor owner, as the case may be, shall thereupon be released from all future liabilities and obligations of Lessor under this Lease arising or accruing from and after the date of such conveyance or other transfer as to the Leased Property and all such future liabilities and obligations shall thereupon be binding upon the new owner.

  • Merger Sale Conveyance and Lease Section 11.01. Company May Consolidate, Etc. on Certain Terms 49 Section 11.02. Successor Corporation to Be Substituted 50 Section 11.03. Officer’s Certificate and Opinion of Counsel to Be Given to Trustee 50 Section 12.01. Indenture and Notes Solely Corporate Obligations 51

  • Assignment by Seller The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part (but exclusive of the Servicer’s rights and obligations as owner of the servicing rights relating to the Mortgage Loans), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights of the Seller under this Agreement. All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee.

  • Indemnity by Seller (a) The Seller shall indemnify the Administrative Agent, the Facility Agents, the Purchasers, the Support Providers and the XX Xxxxx and their respective assigns, officers, directors and employees (each, an “Indemnified Party”) against all liabilities, claims, damages, costs, expenses, or losses (“Losses”) associated with the Facility, excluding, however, (i) Losses to the extent resulting from the gross negligence or willful misconduct of the Indemnified Party or the Indemnified Party’s breach of contract under any Transaction Document or any document delivered pursuant to any of the Transaction Documents, (ii) recourse (except as provided in this Agreement) for uncollectable Receivables or (iii) Losses that are due to or relate to Taxes (which are addressed in Section 10.02). Without limiting the foregoing, the Seller shall indemnify the Indemnified Parties for all Losses resulting from: (i) False or incorrect representations, warranties or certifications of any Xxxxxxxx Party in any Transaction Document or any document delivered pursuant to any of the Transaction Documents; (ii) Failure by any Xxxxxxxx Party to comply with applicable law, rules or regulations related to the Receivables; (iii) Failure to vest in the Administrative Agent (for the benefit of the Purchasers and the XX Xxxxx) a first priority perfected ownership or security interest in the Receivables, the Related Security and the Collections, free and clear of any Liens; (iv) Failure to file, or delay in filing, any financing statements or similar instruments or documents under the UCC of any applicable jurisdiction or other applicable laws with respect to the Receivables, the Related Security or the Collections; (v) Any dispute, claim or defense of an Obligor (other than discharge in bankruptcy) to the payment of any Receivable including, without limitation, a defense based on such Receivable or the related Contract not being a legal, valid or binding obligation of such Obligor, or any other claim resulting from the sale of the goods or services related to such Receivable or the furnishing or failure to furnish such goods or services or relating to collection activities with respect to such Receivable or any Contract related thereto, or any adjustment, cash discount, warranty, rebate, return of product or cancellation with respect to such Receivable; (vi) Failure by any Xxxxxxxx Party to perform any of their respective duties or other obligations or comply with any of their respective covenants under the Transaction Documents; (vii) Any products liability, personal injury or damage suit, environmental or other claim by an Obligor or other third party arising out of the goods or services which are the subject of any Receivable; (viii) Any third party investigation, litigation or proceeding (actual or threatened) related to this Agreement or any other Transaction Document or the transactions contemplated hereby or thereby, or the use of proceeds of Purchases under this Agreement or the draw under any Letter of Credit, or in respect of any Receivable; (ix) Commingling of Collections with any other funds of any Xxxxxxxx Party or any set-off against Collections by any credit card servicers; (x) Third party claims arising from the Seller’s, any Originator’s or the Servicer’s administration of the Receivables; (xi) The sale of any Receivable in violation of applicable Law; (xii) Any setoff by any Obligor; (xiii) Any Letter of Credit issued pursuant to this Agreement or the use of the proceeds thereof by the applicable beneficiary or any affiliate, agent, employee or assignee thereof; (xiv) The failure of the Seller or any Originator to pay when due any sales, excise, business and occupation, property or other similar taxes payable in connection with the Receivables; (xv) Any action or omission by any Xxxxxxxx Party which reduces or impairs the rights of the Administrative Agent, the Facility Agents, the Purchasers or the XX Xxxxx with respect to any Receivable and the Related Security and Collections with respect thereto or the value of any such Receivable and the Related Security and Collections with respect thereto; (xvi) Any dispute, suit or claim arising out of any provision in any Contract restricting or prohibiting sale and assignment of the related Receivables; (xvii) Overstatement of the balance of any Receivable due to provisions of the related Contract relating to retainage, data assumptions, cash on delivery sales, or bill and hold sales, or other similar provisions of comparable effect; and (xviii) Any dispute, suit or claim arising out of the efforts to collect on a Reassigned Receivable. Except as set forth in Section 10.01(a)(xiv) above, all obligations of the Seller with respect to Taxes are addressed in Section 10.02.

  • Assignment by Lessor The terms and conditions of each Schedule have been fixed by Lessor in order to permit Lessor to sell and/or assign or transfer its interest or grant a security interest in each Schedule and/or the Equipment to a Secured Party or Assignee. In that event, the term Lessor will mean the Assignee and any Secured Party. However, any assignment, sale, or other transfer by Lessor will not relieve Lessor of its obligations to Lessee and will not materially change Lessee's duties or materially increase the burdens or risks imposed on Lessee. The Lessee consents to and will acknowledge such assignments in a written notice given to Lessee. Lessee also agrees that: (a) The Secured Party will be entitled to exercise all of Lessor's rights, but will not be obligated to perform any of the obligations of Lessor. The Secured Party will not disturb Lessee's quiet and peaceful possession and unrestricted use of the Equipment so long as Lessee is not in default and the Secured Party continues to receive all Rent payable under the Schedule; and (b) Lessee will pay all Rent and all other amounts payable to the Secured Party, despite any defense or claim which it has against Lessor. Lessee reserves its right to have recourse directly against Lessor for any defense or claim; (c) Subject to and without impairment of Lessee's leasehold rights in the Equipment, Lessee holds the Equipment for the Secured Party to the extent of the Secured Party's rights in that Equipment.

  • Assignment by Lessee Lessee may transfer or assign its rights and obligations under this Agreement without the consent of Operator but shall deliver to Operator written notice of such transfer or assignment not less than ten (10) days prior to the effective date thereof; provided, however, in the event of the assignment of this Agreement to a party that is not an Affiliate, Operator shall have the right to terminate this Agreement within 15 days after receipt of written notice of such assignment, which termination will be effective within 30 days of Lessee’s receipt of such termination notice. Any transfer or assignment of this Agreement by Lessee shall include an express assumption by the transferee or assignee of Lessee’s obligations hereunder. Nothing herein shall be deemed to require Lessee to assign or attempt to assign this Agreement to any third party, including any buyer of a Hotel.

  • Assignment by Purchaser The Purchaser shall have the right, without the consent of the Company but subject to the limit set forth in Section 2.02 hereof, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Purchaser hereunder, by executing an Assignment and Assumption Agreement and the assignee or designee shall accede to the rights and obligations hereunder of the Purchaser with respect to such Mortgage Loans. All references to the Purchaser in this Agreement shall be deemed to include its assignee or designee.

  • Assignment by Buyer Buyer shall have the right to assign this Agreement to any third party or parties and no consent on the part of Seller shall be required for such assignment, provided however, that any such assignment shall not relieve Buyer of its liabilities and obligations hereunder.

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