Seller’s Pre-Closing Covenants. Seller agrees as follows with respect to the period from the Effective Date until the Closing Date: 1. Seller shall not commit or permit waste upon the Property. 2. Seller shall not (and shall not permit its affiliates or representatives to), directly or indirectly, solicit or entertain offers from, negotiate with or in any manner encourage, discuss, accept or consider any proposal of any party, other than Buyer, relating to the acquisition of the Property from Seller, in whole or in part. Without limiting the foregoing, Seller and its affiliates and representatives shall not solicit, entertain, negotiate or enter into any letter of intent, contract (including any contingent or so-called “back-up” contract) or option with any party other than Buyer. 3. Seller will not engage in any practice, take any action, or enter into any transaction outside the ordinary course of business with respect to the Property. Without limiting the generality of the foregoing, Seller shall not: a. Sell, lease, transfer or otherwise dispose of, or mortgage or pledge, or impose or suffer to be imposed any lien on, any of the Property, except in the ordinary course of business consistent with past practice; b. Cancel any debts owed to or claims held by Seller (including the settlement of any claims or litigation) or incur additional debt for borrowed money, or incur any obligation or liability (fixed, contingent or otherwise), in each case, other than in the ordinary course of business consistent with past practice; x. Xxxxx or accelerate payment of any account payable or other liability of the business related to the Property beyond or in advance of its due date or the date when such liability would have been paid in the ordinary course of business consistent with past practice; 4. Seller shall not enter into any Contract pertaining to the Property which cannot be terminated at or prior to Closing. Except for any Contract that Buyer expressly elects to assume at Closing, Seller shall be responsible for terminating all Contracts as of the Closing Date, including the payment of any early termination fees or other charges in connection with such termination. 5. Seller shall cooperate with Buyer in obtaining all permits and licenses required by all applicable governmental authorities to operate the Property as a mobile home park. 6. Seller will not apply for or agree to any change in the zoning or the assessed value or other tax treatment of the Property. Buyer(s) Initials: /s/ AM Seller(s) Initials: /s/ SB
Appears in 1 contract
Samples: Purchase and Sale Agreement (Manufactured Housing Properties Inc.)
Seller’s Pre-Closing Covenants. Seller agrees as follows with respect to the period from the Effective Date until the Closing Date:
1. Seller shall not commit or permit waste upon the Property.
2. Seller shall not (and shall not permit its affiliates or representatives to)not, directly directly, or indirectly, solicit or entertain offers from, negotiate with or in any manner encourage, discuss, accept accept, or consider any proposal of any partyperson, other than Buyer, relating to the acquisition of the Property from Seller, in whole or in part. Without limiting the foregoing, Seller and its affiliates and representatives shall not solicit, entertain, negotiate or enter into any letter of intent, contract (including any contingent or so-called “back-up” contract) or option with any party other than Buyer.
3. Seller will not engage in any practice, take any action, or enter into any transaction outside the ordinary course of business with respect to the Property. Without limiting the generality of the foregoing, Seller shall not:
a. Sell, lease, transfer or otherwise dispose of, or mortgage or pledge, or impose or suffer to be imposed any lien on, any of the Property, except in the ordinary course of business consistent with past practice;
b. Cancel any debts owed to or claims held by Seller (including the settlement of any claims or litigation) or incur additional debt for borrowed money, or incur any obligation or liability (fixed, contingent contingent, or otherwise), in each case, other than in the ordinary course of business consistent with past practice;
x. Xxxxx or accelerate payment of any account payable or other liability of the business related to the Property beyond or in advance of its due date or the date when such liability would have been paid in the ordinary course of business consistent with past practice;
4. Seller shall not enter into any Contract pertaining to the Property which cannot be terminated at or prior to Closing. Except for any Contract that Buyer expressly elects to assume at Closing, Seller shall be responsible for terminating all Contracts as of the Closing Date, including the payment of any early termination fees or other charges in connection with such termination.
5. Seller shall cooperate with Buyer in obtaining all permits and licenses required by all applicable governmental authorities to operate the Property as a mobile home park.
6. Seller will not apply for or agree to any change in the zoning or the assessed value or other tax treatment of the Property. Buyer(s) Initials: /s/ AM Seller(s) Initials: /s/ SB.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Manufactured Housing Properties Inc.)
Seller’s Pre-Closing Covenants. Seller agrees as follows with respect to the period from the Effective Date until the Closing Date:
1. Seller shall not commit or permit waste upon the Property.
2. Seller shall not (and shall not permit its affiliates or representatives to), directly or indirectly, solicit or entertain offers from, negotiate with or in any manner encourage, discuss, accept or consider any proposal of any party, other than Buyer, relating to the acquisition of the Property from Seller, in whole or in part. Without limiting the foregoing, Seller and its affiliates and representatives shall not solicit, entertain, negotiate or enter into any letter of intent, contract (including any contingent or so-called “back-up” contract) or option with any party other than Buyer.. Buyer(s) Initials: /s/ AM Seller(s) Initials:/s/ BK
3. Seller will not engage in any practice, take any action, or enter into any transaction outside the ordinary course of business with respect to the Property. Without limiting the generality of the foregoing, Seller shall not:
a. Sell, lease, transfer or otherwise dispose of, or mortgage or pledge, or impose or suffer to be imposed any lien on, any of the Property, except in the ordinary course of business consistent with past practice;
b. Cancel any debts owed to or claims held by Seller (including the settlement of any claims or litigation) or incur additional debt for borrowed money, or incur any obligation or liability (fixed, contingent or otherwise), in each case, other than in the ordinary course of business consistent with past practice;
x. Xxxxx or accelerate payment of any account payable or other liability of the business related to the Property beyond or in advance of its due date or the date when such liability would have been paid in the ordinary course of business consistent with past practice;
4. Seller shall not enter into any Contract pertaining to the Property which cannot be terminated at or prior to Closing. Except for any Contract that Buyer expressly elects to assume at Closing, Seller shall be responsible for terminating all Contracts as of the Closing Date, including the payment of any early termination fees or other charges in connection with such termination.
5. Seller shall cooperate with Buyer in obtaining all permits and licenses required by all applicable governmental authorities to operate the Property as a mobile home park.
6. Seller will not apply for or agree to any change in the zoning or the assessed value or other tax treatment of the Property. Buyer(s) Initials: /s/ AM Seller(s) Initials: /s/ SB.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Manufactured Housing Properties Inc.)
Seller’s Pre-Closing Covenants. Seller agrees as follows with respect to the period from the Effective Date until the Closing Date:
1. Seller shall not commit or permit waste upon the Property.
2. Seller shall not (and shall not permit its affiliates or representatives to), directly or indirectly, solicit or entertain offers from, negotiate with or in any manner encourage, discuss, accept or consider any proposal of any party, other than Buyer, relating to the acquisition of the Property from Seller, in whole or in part. Without limiting the foregoing, Seller and its affiliates and representatives shall not solicit, entertain, negotiate or enter into any letter of intent, contract (including any contingent or so-called “back-up” contract) or option with any party other than Buyer.
3. Seller will not engage in any practice, take any action, or enter into any transaction outside the ordinary course of business with respect to the Property. Without limiting the generality of the foregoing, Seller shall not:
a. Sell, lease, transfer or otherwise dispose of, or mortgage or pledge, or impose or suffer to be imposed any lien on, any of the Property, except in the ordinary course of business consistent with past practice;
b. Cancel any debts owed to or claims held by Seller (including the settlement of any claims or litigation) or incur additional debt for borrowed money, or incur any obligation or liability (fixed, contingent or otherwise), in each case, other than in the ordinary course of business consistent with past practice;
x. Xxxxx or accelerate payment of any account payable or other liability of the business related to the Property beyond or in advance of its due date or the date when such liability would have been paid in the ordinary course of business consistent with past practice;
4. Seller shall not enter into any Contract pertaining to the Property which cannot be terminated at or prior to Closing. Except for any Contract that Buyer expressly elects to assume at Closing, Seller shall be responsible for terminating all Contracts as of the Closing Date, including the payment of any early termination fees or other charges in connection with such termination.
5. Seller shall cooperate with Buyer in obtaining all permits and licenses required by all applicable governmental authorities to operate the Property as a mobile home park.
6. Seller will not apply for or agree to any change in the zoning or the assessed value or other tax treatment of the Property. Buyer(s) Initials: /s/ AM Seller(s) Initials: /s/ SB.
Appears in 1 contract
Samples: Assignment of Purchase and Sale Agreement (Manufactured Housing Properties Inc.)
Seller’s Pre-Closing Covenants. Seller agrees as follows with respect to the period from the Effective Date until the Closing Date:
1. Seller shall not commit or permit waste upon the Property.
2. Seller shall not (and shall not permit its affiliates or representatives to)not, directly or indirectly, solicit or entertain offers from, negotiate with or in any manner encourage, discuss, accept or consider any proposal of any partyperson, other than Buyer, relating to the acquisition of the Property from Seller, in whole or in part. Without limiting the foregoing, Seller and its affiliates and representatives shall not solicit, entertain, negotiate or enter into any letter of intent, contract (including any contingent or so-called “back-up” contract) or option with any party other than Buyer.
3. Seller will not engage in any practice, take any action, or enter into any transaction outside the ordinary course of business with respect to the Property. Without limiting the generality of the foregoing, Seller shall not:
a. Sell, lease, transfer or otherwise dispose of, or mortgage or pledge, or impose or suffer to be imposed any lien on, any of the Property, except in the ordinary course of business consistent with past practice;
b. Cancel any debts owed to or claims held by Seller (including the settlement of any claims or litigation) or incur additional debt for borrowed money, or incur any obligation or liability (fixed, contingent or otherwise), in each case, other than in the ordinary course of business consistent with past practice;
x. c. Xxxxx or accelerate payment of any account payable or other liability of the business related to the Property beyond or in advance of its due date or the date when such liability would have been paid in the ordinary course of business consistent with past practice;
4. Seller shall not enter into any Contract pertaining to the Property which cannot be terminated at or prior to Closing. Except for any Contract that Buyer expressly elects to assume at Closing, Seller shall be responsible for terminating all Contracts as of the Closing Date, including the payment of any early termination fees or other charges in connection with such termination.
5. Seller shall cooperate with Buyer in obtaining all permits and licenses required by all applicable governmental authorities to operate the Property as a mobile home park.
6. Seller will not apply for or agree to any change in the zoning or the assessed value or other tax treatment of the Property. Buyer(s) Initials: /s/ AM Seller(s) Initials: /s/ SB.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Manufactured Housing Properties Inc.)
Seller’s Pre-Closing Covenants. Seller agrees as follows with respect to the period from the Effective Date until the Closing Date:
1. Seller shall not commit or permit waste upon the Property.
2. Seller shall not (and shall not permit its affiliates or representatives to)not, directly or indirectly, solicit or entertain offers from, negotiate with or in any manner encourage, discuss, accept or consider any proposal of any partyperson, other than Buyer, relating to the acquisition of the Property from Seller, in whole or in part. Without limiting the foregoing, Seller and its affiliates and representatives shall not solicit, entertain, negotiate or enter into any letter of intent, contract (including any contingent or so-called “back-up” contract) or option with any party other than Buyer.
3. Seller will not engage in any practice, take any action, or enter into any transaction outside the ordinary course of business with respect to the Property. Without limiting the generality of the foregoing, Seller shall not:
a. Sell, lease, transfer or otherwise dispose of, or mortgage or pledge, or impose or suffer to be imposed any lien on, any of the Property, except in the ordinary course of business consistent with past practice;
b. Cancel any debts owed to or claims held by Seller (including the settlement of any claims or litigation) or incur additional debt for borrowed money, or incur any obligation or liability (fixed, contingent or otherwise), in each case, other than in the ordinary course of business consistent with past practice;
x. c. Xxxxx or xr accelerate payment of any account payable or other liability of the business related to the Property beyond or in advance of its due date or the date when such liability would have been paid in the ordinary course of business consistent with past practice;
4. Seller shall not enter into any Contract pertaining to the Property which cannot be terminated at or prior to Closing. Except for any Contract that Buyer expressly elects to assume at Closing, Seller shall be responsible for terminating all Contracts as of the Closing Date, including the payment of any early termination fees or other charges in connection with such termination.
5. Seller shall cooperate with Buyer in obtaining all permits and licenses required by all applicable governmental authorities to operate the Property as a mobile home park.
6. Seller will not apply for or agree to any change in the zoning or the assessed value or other tax treatment of the Property. Buyer(s) Initials: /s/ AM Seller(s) Initials: /s/ SB.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Manufactured Housing Properties Inc.)