New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Purchase and Sale Agreement (Wells Real Estate Fund Vi L P), Purchase and Sale Agreement (Wells Real Estate Fund Iv L P)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P), Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC), Purchase and Sale Agreement (Wells Mid-Horizon Value-Added Fund I LLC)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, Contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent consent, in its sole discretion, in each instance instance, other than any agreements, modifications or amendments required by existing agreements or reasonably necessary for health or safety purposes, and which are cancelable by Seller on thirty (which Purchaser agrees not to withhold 30) days’ or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and less notice without penalty or premium) on 30 days (or less) notice...
Appears in 3 contracts
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.), Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.), Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contractcontract or agreement, or modify, amend, renew or extend any existing contractcontract or agreement, that will be an obligation affecting or an encumbrance on title to the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 thirty (30) days (or less) notice.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xi L P), Purchase and Sale Agreement (Wells Real Estate Fund I), Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P)
New Contracts. During the pendency of this AgreementContract, Seller will not not, without the prior consent of the Purchaser, enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except (a) Leases in the ordinary course of business, with terms of not more than fifteen months and in accordance with Seller’s business practices in effect prior to the Effective Date and (b) contracts entered into in the ordinary course of business that are terminable without cause (as of the Closing Date and without penalty or premium) on 30 days (or less) noticecancellation fee.
Appears in 3 contracts
Samples: Improved Commercial Property Earnest Money Contract, Improved Commercial Property Earnest Money Contract (Resource Real Estate Opportunity REIT, Inc.), Improved Commercial Property Earnest Money Contract (Resource Real Estate Opportunity REIT, Inc.)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contractOperating Agreement, that will be an obligation affecting the Property or any part thereof subsequent to the Closing Date without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) noticeinstance.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Kite Realty Group Trust), Purchase and Sale Agreement (Kite Realty Group Trust), Purchase and Sale Agreement (Kite Realty Group Trust)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 thirty (30) days (or less) notice.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Ix Lp), Purchase and Sale Agreement (Wells Real Estate Fund Ix Lp), Purchase and Sale Agreement (Wells Real Estate Fund I)
New Contracts. During the pendency of While this AgreementAgreement is pending, Seller will shall not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into into, in the ordinary course of business business, that are terminable without cause upon thirty (and 30) days’ notice, without penalty or premium) on 30 days (or less) noticethe prior consent of the Purchaser, which shall not be unreasonably withheld.
Appears in 2 contracts
Samples: Purchase and Sales Agreement (Notes Live, Inc.), Purchase and Sale Agreement (Fresh Vine Wine, Inc.)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (and on 30-days’ notice, without penalty the prior consent of the Purchaser, which shall not be unreasonably withheld or premium) on 30 days (or less) noticedelayed.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Brightpoint Inc), Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 thirty (30) days (or less) notice.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Viii Lp), Purchase and Sale Agreement (Wells Real Estate Fund Ix Lp)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable by Seller without cause (and without penalty or premium) on 30 days (or less) noticeprior to the Closing.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiii L P), Purchase and Sale Agreement (Griffin Capital Essential Asset REIT, Inc.)
New Contracts. During the pendency of this Agreement, Seller will not, without the prior consent of Buyer (which shall not be unreasonably withheld or delayed), enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) 30-days’ notice.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
New Contracts. During the pendency of this Agreement, Seller will shall not enter into any contractcontract with respect to the ownership and operation of the Property that will survive the Closing, or modifythat would otherwise affect the use, amendoperation or enjoyment of the Property, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)consent, except for service contracts entered into in the ordinary course cause of business that are terminable without cause penalty on not less than sixty (and without penalty 60) days' notice. Purchaser's approval of any proposed contract shall not be unreasonably withheld or premium) on 30 days (or less) noticedelayed.
Appears in 2 contracts
Samples: Real Estate Purchase and Sale Agreement, Real Estate Purchase and Sale Agreement (Chase Corp)
New Contracts. During the pendency of this Agreement, Seller will not ------------- enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) noticeprior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Overseas Partners LTD)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting or an encumbrance on title to the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 thirty (30) days (or less) notice.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Ii)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to may withhold or delay unreasonablyin its sole discretion), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Iii L P)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing Date without Purchaser’s Buyer's prior written consent in each instance (which Purchaser Buyer agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 thirty (30) days (or less) notice.
Appears in 1 contract
Samples: Auction Purchase Agreement
New Contracts. During the pendency of this Agreement, Seller will not, without the prior consent of Buyer (which shall not be unreasonably withheld or delayed), enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) expense on 30 days (or less) immediate notice.
Appears in 1 contract
New Contracts. During the pendency of this AgreementContract, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except (a) Leases and (b) freely assignable contracts entered into in the ordinary course of business that are terminable without cause (on 30-days’ notice and without penalty or premium) on 30 days (cancellation fee, without the prior consent of the Purchaser, which shall not be unreasonably withheld or less) noticedelayed.
Appears in 1 contract
Samples: Real Estate Contract (Resource Apartment REIT III, Inc.)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)in Purchaser's sole discretion, except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) noticenotice or contracts that are reasonably necessary for emergency situations related to the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Xiv Lp)
New Contracts. During the pendency of this Agreement, Seller ------------- will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund I)
New Contracts. During the pendency of this AgreementSeller shall not, Seller will not without Buyer's prior written consent in each instance, amend, terminate, exercise any rights or options under, grant concessions regarding, or enter into any contract, contract or modify, amend, renew or extend any existing contract, agreement that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)binding on Buyer after Closing, except contracts entered into in the ordinary course of business that are terminable without cause or penalty on 30-days' notice (and without penalty or premium) Seller shall terminate any such contracts on 30 days (or less) noticethe Closing Date, unless such contracts are Accepted Service Contracts).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Varian Semiconductor Equipment Associates Inc)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (and on not more than 30-days’ notice, without penalty the prior consent of the Purchaser, which shall not be unreasonably withheld, conditioned or premium) on 30 days (or less) noticedelayed.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)
New Contracts. During the pendency of this Agreement, except as ------------- permitted in 4.3(a), above, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund I)
New Contracts. During the pendency of this Agreement, Seller will not, without the prior consent of Buyer (which shall not be unreasonably withheld or delayed), enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (on 30-days’ notice and without penalty or premium) on 30 days (or less) notice.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (and on 30-days' notice, without penalty the prior consent of the Purchaser, which shall not be unreasonably withheld or premium) on 30 days (or less) noticedelayed.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
New Contracts. During the pendency of this Agreement, Seller the Company will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 1 contract
Samples: Membership Interests Purchase Agreement (Maguire Properties Inc)
New Contracts. During Subsequent to the pendency of this AgreementContract Date, Seller will shall not enter into any contractcontract with respect to the ownership or operation of the Assets that will survive the Closing, or modifythat would otherwise affect the use, amendoperation or enjoyment of the Assets, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent, which consent in each instance (which Purchaser agrees shall not to withhold be unreasonably withheld or delay unreasonably)delayed, except for service contracts entered into in the ordinary course of business that which are terminable without cause penalty on not more than thirty (and without penalty or premium30) on 30 days (or less) notice.
Appears in 1 contract
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, contract or modify, amend, renew or extend any existing contract, lease that will could be an obligation affecting the Property or any part thereof subsequent to the Closing without Closing, unless (1) Seller obtains Purchaser’s prior written consent in each instance approval (which Purchaser agrees not to withhold approval may be withheld in Purchaser’s sole and absolute discretion) or delay unreasonably), except contracts (2) such contract or lease 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 or premiumon not more than thirty (30) on 30 days (or less) days’ prior notice.
Appears in 1 contract
New Contracts. During After the pendency execution of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and on not more than 30-days’ notice) without penalty the prior consent of the Purchaser, which shall not be unreasonably withheld, conditioned or premium) on 30 days (or less) noticedelayed.
Appears in 1 contract
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, contract or modify, amend, renew or extend any existing contract, lease that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except contracts entered into in the ordinary course of business that are terminable without cause (and on not more than 30-days’ notice, without penalty the prior consent of the Purchaser, which shall not be unreasonably withheld or premium) on 30 days (or less) noticedelayed.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carramerica Realty L P)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, contract that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably)Closing, except (a) Leases and (b) contracts entered into in the ordinary course of business that are terminable without cause (on 30-days’ notice and without penalty or premium) on 30 days (cancellation fee, without the prior consent of the Purchaser, which shall not be unreasonably withheld or less) noticedelayed.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 thirty (30) days (or less) notice, provided, however, that Purchaser will not be required to incur any cost under any such contracts, and in any event such contracts will be terminated at Closing (and any liens recorded pursuant to such contracts will be removed).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Fund Ii)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s 's prior written consent in each instance (instance, which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into consent shall be in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) noticePurchaser's sole discretion.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Standard Motor Products Inc)
New Contracts. During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property Properties or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Ii Inc)