Sellers Covenants and Agreements. Sellers covenant and agree with Purchaser that from the date hereof and until the Closing:
Sellers Covenants and Agreements. From the Effective Date through the date of the Closing (the “Closing Date”):
Sellers Covenants and Agreements. Sellers hereby afford Buyer ---------------------------------- the following affirmative and negative covenants, thereby agreeing to do or not to do, or to cause the Company to do or not to do, as the case may be, the following, the fulfillment of each of which (except for those covenants which survive or are required to be performed subsequent to the Closing) shall constitute a condition precedent to the obligations of Buyer hereunder:
Sellers Covenants and Agreements. 10.1 Seller and BDA hereby covenant and agree that immediately upon obtaining knowledge of the institution of foreclosure or any proceedings for the condemnation of the Property, or any portion thereof, or any other proceedings arising out of injury or damage to the Property, or any portion thereof, they will notify Purchaser of the pendency of such proceedings.
Sellers Covenants and Agreements. Each Seller hereby agrees and acknowledges (x) that for all purposes of the Stockholders' Agreement (i) Buyer is an "Investor" and a member of the "Investor Group" (each as defined in the Stockholders' Agreement"), (ii) the Shares are "Investor Shares" (as defined in the Stockholders' Agreement), (iii) for purposes of the calculation required by Section 3 of the Stockholders' Agreement, so long as the Shares are owned beneficially by Buyer or its affiliates, the Shares shall be treated as though they continued to be beneficially owned by the original Investors (as defined in the Stockholders' Agreement) and (iv) Buyer has all of the rights of the "Investor" and a member of the "Investor Group" under the Stockholders' Agreement, including without limitation such rights provided in Sections 2 and 3 thereof and (y) that for all purposes of the Registration Rights Agreement (i) Buyer is a "Series B Investor" and a "Preferred Stock Investor" (each as defined in the Registration Rights Agreement), (ii) the Shares are "Registrable Securities" and "Series B Investor Shares" (each as defined in the Registration Rights Agreement) and (iii) Buyer has all of the rights of a "Series B Investor" and "Preferred Stock Investor" under the Registration Rights Agreement, including without limitation such rights provided in Sections 2.1, 2.2, 2.3, 2.4 and 2.5 thereof.
Sellers Covenants and Agreements
