New Liens, Liabilities or Encumbrances. Seller shall not cause, grant or permit any new liens, liabilities, encumbrances or exceptions to title to the Property without the prior written consent of Buyer in each instance, which consent may be granted or denied in the sole and absolute discretion of Buyer.
New Liens, Liabilities or Encumbrances. During the time period commencing upon the Effective Date and terminating on the expiration of the Investigation Period or the earlier termination of this Agreement, Seller shall provide Buyer with copies of any new documents, agreements and/or other instruments recorded or proposed to be recorded by Seller against the Property (each, a “New Encumbrance”), and Buyer shall have until the expiration of the Investigation Period to review and approve or disapprove any such New Encumbrance as if the same had been provided to Buyer pursuant to Section 4.1(a) hereof, provided in no event shall Buyer have less than five (5) Business Days prior to the expiration of the Investigation Period to complete such review (and further provided that the sole remedy and right of Buyer if it disapproves of such New Encumbrance shall be to terminate this Agreement pursuant to Section 4.2). If Buyer does not object to such New Encumbrance during the Investigation Period, the New Encumbrance shall be deemed approved and shall be a Permitted Title Exception that may be recorded any time at or prior to Closing (or if not recorded at or prior to Closing, Buyer agrees to cooperate in the execution, delivery and recording of such instruments after Closing, this obligation to survive Closing). During the time period commencing upon the expiration of the Investigation Period and terminating on the Closing or the earlier termination of this Agreement, as applicable, Seller shall not cause, grant or permit any new liens, liabilities, encumbrances or exceptions to title to the Property without the prior written consent of Buyer in each instance, which consent may be granted or denied in the sole and absolute discretion of Buyer, except for any New Encumbrance approved or deemed approved as provided above and the Rosewick Amendment Agreements (as defined below). Seller shall have the right to cause, grant, permit and record the following New Encumbrances: • An Annexation Agreement and Amendment to Existing Annexation Agreement, • Water and Sewer Easement Agreement by and between Seller, Xxxx’x Home Center, Inc, and the Town of La Plata, • Dedication Agreement by and between Seller, Xxxx’x Home Centers, Inc, and the Town of La Plata, • Plat of Correction Lots 1, 2 previously recorded in Plat Book 56, Page 387 & 388 XRS#05-0119 (formerly) (Rosewick Limited Partnership Property), • Public Drainage Easement; Public Stormwater Management Easement by and between Seller and the Town of La Plata, a...
New Liens, Liabilities or Encumbrances. Seller shall not cause, grant or permit any new liens, liabilities, encumbrances or exceptions to title to the Property or amend any existing title exceptions without the prior written consent of Buyer in each instance, which consent may be granted or denied in the sole and absolute discretion of Buyer; provided that Buyer agrees that Seller may terminate at Closing the 30 Xxxxxxx Xxxxxxxxx Condominium evidenced by the Master Deed dated July 18, 2017 and duly recorded with the Registry in Book 23938, Page 330 and the Declaration of Trust dated as of July 26, 2017 and recorded with the Registry in Book 23939, Page 1.
