Common use of Modification of Existing Leases and Contracts Clause in Contracts

Modification of Existing Leases and Contracts. Prior to the expiration of the Investigation Period, Seller may cancel, amend and modify any of the Leases and any of the Contracts, provided notice is given to Purchaser within five (5) business days after such action and in any event at least two (2) business days prior to the expiration of the Investigation Period. After the expiration of the Investigation Period, Seller may not cancel, amend, or modify any material Contracts or Leases, in a manner binding upon Purchaser after the Closing, unless Seller gives Purchaser notice within five (5) business days after such action and provided such action is (a) in the ordinary course of operating the Property, or (b) required by any of the Leases or any of the Contracts.

Appears in 2 contracts

Samples: Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.), Sale, Purchase and Escrow Agreement (Resource Apartment REIT III, Inc.)

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Modification of Existing Leases and Contracts. Prior to the expiration of the Investigation Period, Seller may cancel, amend and modify any of the Leases and any of the Contracts, provided notice is given to Purchaser within five (5) business days after such action and in any event at least two five (25) business days prior to the expiration of the Investigation Period. After the expiration of the Investigation Period, Seller may not cancel, amend, or modify any material Contracts or Leases, in a manner binding upon Purchaser after the Closing, unless Seller gives Purchaser notice within five (5) business days after such action and provided such action is (a) in the ordinary course of operating the Property, or (bi) required by any of the Leases or any of the Contracts or (ii) approved by Purchaser. Notwithstanding the foregoing or anything else contained in this Agreement, Seller shall be entitled to terminate the Non-Assumed Contracts.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Fabrinet)

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Modification of Existing Leases and Contracts. Prior to the expiration of the Investigation Period, Seller may cancel, amend and modify any of the Leases and any of the Contracts, provided notice is given to Purchaser within five three (53) business days after prior to such action and in any event at least two three (23) business days prior to the expiration of the Investigation Period. After the expiration of the Investigation Period, Seller may not cancel, amend, or modify any material Contracts or Leases, in a manner binding upon Purchaser after the Closing, unless Seller gives Purchaser notice within five (5) business days after such action and provided such action is (ai) approved by Purchaser in the ordinary course its reasonable discretion within five (5) business days of operating the Propertywritten request from Seller, provided that if Purchaser does not timely respond, Purchaser shall be deemed to have refused such action or (bii) required by any of the Leases or any of the Contracts.

Appears in 1 contract

Samples: Sale, Purchase and Escrow Agreement (Homeowners Choice, Inc.)

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