Common use of Operation Prior to Closing Clause in Contracts

Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in its sole discretion.

Appears in 3 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

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Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer Xxxxx in its sole discretion.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

Operation Prior to Closing. During the period from the Effective Date date this Agreement to the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, Date without the prior written consent of Buyer, which consent may be withheld by Buyer in at its sole discretion.

Appears in 2 contracts

Samples: Purchase Agreement (Pcm, Inc.), Purchase Agreement (Pc Mall Inc)

Operation Prior to Closing. During the period from the Effective Date date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in its sole discretion.

Appears in 1 contract

Samples: Purchase Agreement (Dynamic Homes Inc)

Operation Prior to Closing. During the period from the Effective Date date of Seller’s acceptance of this Agreement to the Closing Date (the “Executory Period”), Seller shall shall, subject to the existing lease between Buyer and Seller, operate and maintain the Real Property at its cost in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements contracts regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in at its sole discretion.

Appears in 1 contract

Samples: Aircraft Hangar Purchase Agreement

Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischiefmischief in amounts currently maintained. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may shall not be withheld by Buyer in its sole discretionunreasonably withheld.

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Operation Prior to Closing. During the period from the Effective Date to the date 90 days after the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the date 90 days after the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer Xxxxx in its sole discretion.

Appears in 1 contract

Samples: Purchase Agreement

Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and property insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before Period, other than in the Closing Dateordinary course of business, without the prior written consent of Buyer, which consent may will not be unreasonably withheld by Buyer in its sole discretionor delayed. 19.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Operation Prior to Closing. During the period from the Effective Date date of this Agreement to the Closing Date (the “Executory Period”"EXECUTORY PERIOD"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the prior written consent of to Buyer, which consent may be withheld by Buyer in at its sole discretion.

Appears in 1 contract

Samples: Purchase Agreement (Western Digital Corp)

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Operation Prior to Closing. During the period from the Effective Date to the date 90 days after the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the date 90 days after the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in its sole discretion.

Appears in 1 contract

Samples: Purchase Agreement

Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and property insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before Period, other than in the Closing Dateordinary course of business, without the prior written consent of Buyer, which consent may will not be unreasonably withheld by Buyer in its sole discretionor delayed.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Christopher & Banks Corp)

Operation Prior to Closing. During the period period, if any, from the Effective Date date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may be withheld by Buyer in at its sole discretion.

Appears in 1 contract

Samples: Purchase Agreement (Dotronix Inc)

Operation Prior to Closing. During the period from the Effective Date date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may be withheld by Buyer in its sole discretion.

Appears in 1 contract

Samples: Purchase Agreement (Wsi Industries Inc)

Operation Prior to Closing. During the period from the Effective Date date of Seller’s acceptance of this Agreement to the Closing Date (the “Executory Period”), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Real 3877973.10 Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of BuyerPurchaser, which consent may be withheld by Buyer Purchaser in its sole discretion.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Imation Corp)

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