Common use of New Financing Clause in Contracts

New Financing. Not create, incur or suffer to exist any deed of trust, mortgage, lien, pledge or other encumbrance in any way affecting any portion of such Seller’s Property, other than the Permitted Exceptions, without the prior written consent of the Buyer.

Appears in 32 contracts

Samples: Purchase and Sale Agreement (Duke Realty Limited Partnership/), Purchase and Sale Agreement (Duke Realty Limited Partnership/), Purchase and Sale Agreement (Duke Realty Limited Partnership/)

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New Financing. Not create, incur or suffer to exist any deed of trust, mortgage, lien, pledge or other encumbrance in any way affecting any portion of such Seller’s Property, other than the Permitted ExceptionsEncumbrances, without the prior written consent of the Buyer.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Duke Realty Limited Partnership/), Purchase and Sale Agreement (Duke Realty Limited Partnership/), Purchase and Sale Agreement (Duke Realty Limited Partnership/)

New Financing. Not Without the prior written consent of Buyer, create, incur or suffer to exist any deed of trust, mortgage, lien, pledge or other encumbrance in any way affecting any portion of such Seller’s Property, other than the Permitted Exceptions, without unless the same shall be satisfied and released at or prior written consent of to the BuyerClosing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Healthcare Properties, Inc.)

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New Financing. Not create, incur or suffer to exist voluntarily create any deed of trust, mortgage, lien, pledge or other voluntary encumbrance in any way affecting any portion of such Seller’s Property, other than the any Permitted ExceptionsEncumbrances, without the prior written consent of the Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Realty Capital Properties, Inc.)

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