Common use of New Contracts Clause in Contracts

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 9 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.), Purchase and Sale Agreement (TNP Strategic Retail Trust, Inc.)

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New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 7 contracts

Samples: Purchase and Sale Agreement (Preferred Apartment Communities Inc), Purchase and Sale Agreement (Amerivest Properties Inc), Purchase and Sale Agreement (Amerivest Properties Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 5 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property Premises subsequent to the Closing, Closing except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior ' notice.

Appears in 3 contracts

Samples: Sale Agreement (Cedar Income Fund LTD /Md/), Sale Agreement (Cedar Income Fund LTD /Md/), Sale Agreement (Cedar Income Fund LTD /Md/)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Berkshire Income Realty, Inc.), Purchase and Sale Agreement (Berkshire Income Realty, Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Purchase and Sale Agreement (Amerivest Properties Inc), Purchase and Sale Agreement (Amerivest Properties Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract Service Contract or other agreement that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 30-days’ prior noticenotice or upon sale of the Property.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Asset Capital Corporation, Inc.), Purchase and Sale Agreement (Asset Capital Corporation, Inc.), Purchase and Sale Agreement (Asset Capital Corporation, Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into or amend or modify any contract or license agreement that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into into, amend or terminate any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into into, amended or terminated in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Rexford Industrial Realty, Inc.), Purchase and Sale Agreement (Rexford Industrial Realty, Inc.)

New Contracts. Except as provided in Section SECTION 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc), Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Lighting Science Group Corp), Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller Sellers will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller ---------------- will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any new contract that will be an obligation affecting the Property Properties subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice, and which shall be terminated by Seller at Closing at no cost to Purchaser, unless assumed by Purchaser at Purchaser's election made in writing to Seller at least ten (10) days prior to Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Industrial Properties Reit Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice. After the Inspection Period. Seller shall not enter into any such contracts without Purchaser's consent, exercisable in Purchaser's sole discretion.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Capital Lease Funding Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tejas Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting binding on the Property or Purchaser subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carrington Laboratories Inc /Tx/)

New Contracts. Except as provided in Section 6.1.46.5, from the Effective Date through Closing, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior noticenotice and contracts required for compliance with applicable law. Seller shall furnish to Purchaser copies of any such new contracts promptly after Seller’s execution and delivery thereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)

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New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

New Contracts. Except as provided in Section 6.1.46.1(d), Seller will not enter into any contract that will could be an obligation affecting the Property subsequent to the Closing, except contracts unless (1) Seller obtains Purchaser’s prior written approval (which approval may be withheld in Purchaser’s sole and absolute discretion) or (2) such contract is of the type that is entered into in the ordinary course of business that are and is terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 1 contract

Samples: Assignment and Assumption of Purchase and Sale Agreement (Industrial Income Trust Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not no more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Terreno Realty Corp)

New Contracts. Except as provided in Section 6.1.46.1.5, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except Advance Bookings and contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

New Contracts. Except as provided in Section 6.1.4Subsection 6.1.3, no Seller will not enter into any contract that will be an obligation affecting such Seller’s portion of the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amerivest Properties Inc)

New Contracts. Except as provided in Section 6.1.46.1.5, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice; provided that Seller will not enter into any such contract after the expiration of the Inspection Period without the prior written consent of Purchaser, which shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

New Contracts. Except as provided in Section 6.1.4, Subsection 6.1.4 Seller will shall not enter into or amend any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Universal Insurance Holdings, Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without terminated on or before the payment of any termination penalty on not more than 30 days’ prior noticeClosing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Industrial Properties Reit Inc)

New Contracts. Except as provided in Section 6.1.4Subsection 4.1.4, Seller will not enter into into, amend or terminate any contract that will be an obligation affecting the Property subsequent to after the Closing, except contracts entered into into, amended or terminated in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Netreit)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior noticeor before Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller SELLER will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior noticenotice or unless the contract or obligation is approved in writing by the BUYER.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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