PRE-CLOSING COVENANTS. The Parties agree as follows with respect to the period between the execution of this Agreement and the Closing.
PRE-CLOSING COVENANTS. The Parties agree as follows with respect to the period between the execution of this Agreement and the Closing (except as otherwise expressly stated to apply to a different period):
PRE-CLOSING COVENANTS. During the period from the date hereof to the Closing Date (except as otherwise provided for or contemplated by this Agreement or in connection with the Formation Transactions), the SPE shall use commercially reasonable efforts to (and to cause each of the SPE Subsidiaries to) conduct its businesses and operate and maintain the Properties in the ordinary course of business consistent with past practice and use commercially reasonable efforts to preserve intact its current business organizations and preserve its relationships with customers, tenants, suppliers, advertisers and others having business dealings with it, in each case consistent with past practice. In addition, and without limiting the generality of the foregoing, during the period from the date hereof to the Closing Date and except in connection with the Formation Transactions, the SPE shall not (and shall not permit any of the SPE Subsidiaries to) without the prior written consent of the REIT:
(a) (i) declare, set aside or pay any distributions in respect of any of the SPE LLC Interests, except in the ordinary course of business consistent with past practice and in accordance with the SPE LLC Agreement, (ii) issue or authorize the issuance of any other securities in respect of, in lieu of or in substitution for any SPE LLC Interests or make any other changes to the equity capital structure of the SPE or any SPE Subsidiary, or (iii) purchase, redeem or otherwise acquire any SPE LLC Interests or member interests of any of the SPE Subsidiaries or any other securities thereof;
(b) issue, deliver, sell, transfer, dispose, mortgage, pledge, assign or otherwise encumber, or cause the issuance, delivery, sale, transfer, disposition, mortgage, pledge, assignment or otherwise encumbrance of, any limited liability company, partnership interests or other equity interests in the SPE or any of the SPE Subsidiaries or any other assets of the SPE or SPE Subsidiaries;
(c) amend, modify or terminate any lease, contract or other instruments relating to the Property, except in the ordinary course of business consistent with past practice;
(d) amend its certificate of formation or the SPE LLC Agreement;
(e) adopt a plan of liquidation, dissolution, merger, consolidation, restructuring, recapitalization or reorganization;
(f) materially alter the manner of keeping such SPE or SPE Subsidiary’s books, accounts or records or the accounting practices therein reflected;
(g) file an entity classification election pursuan...
PRE-CLOSING COVENANTS. The parties agree as follows with respect to the period between the date of this Agreement and the Closing Date:
PRE-CLOSING COVENANTS. The Parties agree as follows with respect to the period between the date hereof and the Closing:
PRE-CLOSING COVENANTS. The Parties agree as follows with respect to the period between the execution of this Agreement and the Closing (and, in the case of Section 6.09 below, also following the Closing).
PRE-CLOSING COVENANTS. 12 6.1 General...................................................... 12 6.2
PRE-CLOSING COVENANTS. With respect to the period between the execution of this Agreement and the earlier of the termination of this Agreement and the Effective Time:
PRE-CLOSING COVENANTS. With respect to the period between the execution of this Agreement and the earlier of the termination of this Agreement and the Effective Time of the Merger:
PRE-CLOSING COVENANTS. So long as this Agreement remains in full force and effect:
