Common use of Leases and Other Agreements Clause in Contracts

Leases and Other Agreements. Section 7.1 Buyer’s Approval of New Leases and Agreements Affecting the Property. Between the Effective Date and the Closing, Seller shall not enter into any new Lease or other agreement affecting the Property, or modify, terminate or renew any existing Lease or other agreement affecting the Property, or waive any covenant or other obligation under any existing Lease or other agreement affecting the Property, which will, in any case, be binding on the Property or the owner of the Property after Closing, except as required under any Lease, without first obtaining Buyer’s approval of the proposed action. Between the Effective Date and the Closing, Seller shall notify Buyer of any request for consent under any existing Lease, and Seller shall not grant any consent under any existing Lease, except as required by the applicable Lease without first obtaining Buyer’s approval. In any such case, Buyer shall specify in detail the reasons for its disapproval of any such proposed action. If Buyer fails to give Seller notice of its approval or disapproval of any such proposed action requiring its approval under this Section 7.1 within five (5) business days after Seller notifies Buyer of Seller’s desire to take such action, then Buyer shall be deemed to have given its approval. Any new Lease or other agreement or amendment shall be on Seller’s standard forms for such documents. Buyer agrees to cooperate with Seller in enabling Seller to complete any such proposed transaction requiring Buyer’s approval.

Appears in 1 contract

Samples: Purchase and Sale (American Realty Capital - Retail Centers of America, Inc.)

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Leases and Other Agreements. Section 7.1 Buyer’s Approval of New Leases and Agreements Affecting the Property. Between the Effective Date and the Closing, Seller shall continue to lease the Property in the same manner as before the making of this Agreement, the same as though Seller were retaining the Property provided that (a) prior to the expiration of the Contingency Period, Seller shall not enter into any new Lease or other agreement affecting the Property, or modify, modify or terminate or renew any existing Lease or other agreement affecting the Property, or waive any covenant or other obligation under any existing Lease or other agreement affecting the Property, which will, in any case, will be binding on the Property or the owner of the Property after Closing, except as permitted or required under any LeaseLease and except for agreements which are terminable on no more than sixty (60) days’ notice without payment of any penalty or fee or other cost to Seller (“Property Transactions”), without first obtaining Buyer’s approval of the proposed action. Between , which approval will not be unreasonably withheld, conditioned or delayed, and (b) between the Effective Date expiration of the Contingency Period and the Closing, Seller shall notify Buyer of not enter into any request for consent under any existing LeaseProperty Transaction, and Seller shall not grant any consent under any existing Lease, except as required by the applicable Lease without first obtaining Buyer’s approvalapproval of the proposed action, which approval may be granted or withheld in Buyer’s sole discretion. In any such case, Buyer shall specify in detail the reasons for its disapproval of any such proposed actionProperty Transaction. If Buyer fails to give Seller notice of its approval or disapproval of any such proposed action Property Transaction requiring its approval under this Section 7.1 within five three (53) business days after Seller notifies Buyer of Seller’s desire to take enter into such actionProperty Transaction, then Buyer shall be deemed to have given its approval. Any new Lease or other agreement or amendment shall be on Seller’s standard forms for such documents. Buyer agrees to cooperate with Seller in enabling Seller to complete any such proposed transaction Property Transaction requiring Buyer’s approval.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Terreno Realty Corp)

Leases and Other Agreements. Section 7.1 Buyer’s 's Approval of New Leases and Agreements Affecting the Property. Between the Effective Date and the Closing, Seller shall not enter into any new Lease or other agreement affecting the Property, or modify, terminate or renew any existing Lease or other agreement affecting the Property, or waive any covenant or other obligation under any existing Lease or other agreement affecting the Property, which will, in any case, be binding on the Property or the owner of the Property after Closing, except as required under any Lease, without first obtaining Buyer’s 's approval of the proposed actionaction which consent shall not be unreasonably withheld, conditioned or delayed. Between the Effective Date and the Closing, Seller shall notify Buyer of any request for consent under any existing Lease, and Seller shall not grant any consent under any existing Lease, except as required by the applicable Lease without first obtaining Buyer’s 's approval. In any such case, Buyer shall specify in detail the reasons for its disapproval of any such proposed action. If Buyer fails to give Seller notice of its approval or disapproval of any such proposed action requiring its approval under this Section 7.1 within five (5) business days after Seller notifies Buyer of Seller’s 's desire to take such action, then Buyer shall be deemed to have given its approval. Any new Lease or other agreement or amendment shall be on Seller’s 's standard forms for such documents. Buyer agrees to cooperate with Seller in enabling Seller to complete any such proposed transaction requiring Buyer’s 's approval.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Realty Capital - Retail Centers of America, Inc.)

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Leases and Other Agreements. Section 7.1 Buyer’s Approval of New Leases and Agreements Affecting the Property. Between the Effective Date and the Closing, Seller shall continue to lease the Property in the same manner as before the making of this Agreement, the same as though Seller were retaining the Property; provided, however, that after the Effective Date, Seller shall not enter into any new Lease or other agreement affecting the Property, or modify, modify or terminate or renew any existing Lease or other agreement affecting the Property, or waive any covenant or other obligation under any existing Lease or other agreement affecting the Property, which will, in any case, will be binding on the Property or the owner of the Property after Closing, except as permitted or required under any LeaseLease and except for agreements which are terminable on no more than thirty (30) days’ notice without payment of any penalty or fee or other cost to Seller, without first obtaining Buyer’s approval of the proposed action. Between the Effective Date and the Closing, Seller shall notify Buyer of any request for consent under any existing Leasewhich approval will not be unreasonably withheld, and Seller shall not grant any consent under any existing Lease, except as required by the applicable Lease without first obtaining Buyer’s approvalconditioned or delayed. In any such case, Buyer shall specify in reasonable detail the reasons for its disapproval of any such proposed action. If Buyer fails to give Seller notice of its approval or disapproval of any such proposed action requiring its approval under this Section 7.1 within five (5) business days after Seller notifies Buyer of Seller’s desire to take such action, then Buyer shall be deemed to have given its approval. Any new Lease or other agreement or amendment shall be on Seller’s standard forms for such documents. Buyer agrees to reasonably cooperate with Seller in enabling Seller to complete any such proposed transaction requiring Buyer’s approval. Without Buyer’s prior written consent, Seller will not enter into any agreement which is placed of record and affects title to the Property.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Cb Richard Ellis Realty Trust)

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