SELLER'S REPRESENTATION AND AGREEMENTS Sample Clauses

SELLER'S REPRESENTATION AND AGREEMENTS. (a) Seller represents and warrants as of this date that: (i) Except for the Lease Agreement in existence between AEI Income & Growth Fund XXI Limited Partnership, AEI Net Lease Income & Growth Fund XX Limited Partnership and Net Lease Income & Growth Fund 84-A Limited Partnership (as "Landlord") and Champps Americana, Inc. ("Tenant"), dated April 21, 1997 and amended on December 31, 1997, and that Guarantee of Lease in existance between AEI Income & Growth Fund XXI Limited Partnership, AEI Net Lease Income & Growth Fund XX Limited Partnership and Net Lease Income & Growth Fund 84-A (as "Lessor") and Champps Americana, Inc. (as "Guarantor") dated April 21, 1997, Seller is not aware of any leases or guarantee of leases of the Property. The above referenced lease agreement has a right of first refusal in favor of the Tenant as set forth in Article 34 of said lease agreement, which right will apply to any attempted disposition of Property by Buyer after this transaction. (ii) It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property. (iii) Except as previously disclosed to Buyer and as permitted in paragraph (b) below, Seller is not aware of any contracts Seller has executed that would be binding on Buyer after the closing date. (b) Provided that Buyer performs its obligations when required, Seller agrees that it will not enter into any new contracts that would materially affect the Property and be binding on Buyer after the Closing Date without Buyer's prior consent, which will not be unreasonably withheld. However, Buyer acknowledges that Seller retains the right both prior to and after the Closing Date to freely transfer all or a portion of Seller's remaining undivided interest in the Entire Property, provided such sale shall not encumber the Property being purchased by Buyer in violation of the terms hereof or the contemplated Co-Tenancy Agreement.

SELLER'S REPRESENTATION AND AGREEMENTS. Seller represents and warrants as of this date that:

SELLER'S REPRESENTATION AND AGREEMENTS. (a) Seller represents and warrants as of this date that: (i) Except for the Lease Agreement in existence between Seller (as Lessor) and Garden Ridge, L.P.(as Tenant), dated July 13, 2000 (the "Lease"), Seller is not aware of any leases of the Property. (ii) It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property. (iii) Except as previously disclosed to Buyer and as permitted in paragraph (b) below, Seller is not aware of any contracts Seller has executed that would be binding on Buyer after the closing date. (b) Provided that Buyer performs its obligations when required, Seller agrees that it will not enter into any new contracts that would materially affect the Property and be binding on Buyer after the Closing Date without Buyer's prior consent, which will not be unreasonably withheld.

SELLER'S REPRESENTATION AND AGREEMENTS. Seller represents and warrants as of this date that: (i) The Property is not subject to any leases. (ii) It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property that have not been disclosed to Buyer. (iii) It is not aware of any contracts affecting this Property and potentially or actually binding on Buyer after the closing date. (iv) Seller has all requisite power and authority to consummate the transaction contemplated by this Agreement and has by proper proceedings duly authorized the execution and delivery of this Agreement and the consummation of the transaction contemplated hereby.

SELLER'S REPRESENTATION AND AGREEMENTS. (a) Seller represents and warrants as of this date that: (i) Except for the Lease Agreement (as set forth in the Purchase Agreement Data Sheet) Seller is not aware of any leases of the Property. (ii) It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property. (iii) Except as previously disclosed to Buyer and as permitted in paragraph (b) below, Seller is not aware of any contracts Seller has executed that would be binding on Buyer after the closing date. (b) Provided that Buyer performs its obligations when required, Seller agrees that it will not enter into any new contracts that would materially affect the Property and be binding on Buyer after the Closing Date without Buyer's prior consent, which will not be unreasonably withheld. However, Buyer acknowledges that Seller retains the right both prior to and after the Closing Date to freely transfer all or a portion of Seller's remaining undivided interest in the Entire Property, provided such sale shall not encumber the Property being purchased by Buyer in violation of the terms hereof or the contemplated Co-Tenancy Agreement.

SELLER'S REPRESENTATION AND AGREEMENTS. Seller represents and warrants as of this date that: (i) The Property is subject to a Net Lease Agreement as follows: (a) Net Lease Agreement entered into March 1, 1991 by and between Seller and Jem Care, Inc., which has been amended from time to time. This lease has recently expired but was extended to March 31, 2003 by way of a series of letter agreements. (ii) It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property that have not been disclosed to Buyer. (iii) It is not aware of any contracts affecting this Property and potentially or actually binding on Buyer after the closing date. (iv) Seller has all requisite power and authority to consummate the transaction contemplated by this Agreement and has by proper proceedings duly authorized the execution and delivery of this Agreement and the consummation of the transaction contemplated hereby.

SELLER'S REPRESENTATION AND AGREEMENTS. (A) Seller represents and warrants as of this date that: 1. It is not aware of any pending litigation (other than the UCC Filings mentioned in paragraph 12(A)) or condemnation proceedings against the Property or Seller's interest in the Property. 2. Except as previously disclosed to Buyer and as permitted in paragraph (b) below, Seller is not aware of any contracts Seller has executed that would be binding on Seller after the closing date. (B) Provided that Buyer performs its obligations as required, Seller agrees that it will not enter into any new contracts that would materially affect the Property and be binding on Seller after the Closing Date without Buyer's prior consent, which will not be unreasonably withheld.

SELLER'S REPRESENTATION AND AGREEMENTS. Seller represents and warrants as of this date that: (i) It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property. (ii) It is not aware of any contracts affecting this Property and potentially or actually binding on Buyer after the closing date except (a.) that certain Waiver signed September 30, 1997 by Seller in favor of the Franchise Finance Division of Green Tree Financial Servicing Corporation ("Green Tree") and (b.) the Net Lease Agreement effective November 21, 1995 between Huntington Restaurants Group, Inc. and AEI Net Lease Income & Growth Fund XX Limited Partnership as may have been amended in writing from time to time. (iii) Seller has all requisite power and authority to consummate the transaction contemplated by this Agreement and has by proper proceedings duly authorized the execution and delivery of this Agreement and the consummation of the transaction contemplated hereby.

SELLER'S REPRESENTATION AND AGREEMENTS. (A) Seller represents and warrants as of this date that: 1. Except for the Net Lease Agreement, and the Amendment to the Net Lease Agreement in existence between Rick Mellicker ("Lessxx") xxx Xxxxxren's World Inc. ("Lessee") both dated November 25, 1987 and the Assignment of Lease dated 11/25/087 by Rick Mellicker to AEI Xxxx Xxxxxx Xxnd XVI Limited Partnership and the Assignment of Lease dated 12/8/087 between AEI Real Estate Fund XVI Limited Partnership ("Assignor") and AEI Real Estate Fund 85-B Limited Partnership ("Assignee"), (the "Lease"), Seller is not aware of any leases of the Property. 2. If the Lease contains a Right of First Refusal to the benefit of the Lessee for the duration of the Lease, including any renewal terms, then Seller's obligations hereunder are contingent upon Seller successfully obtaining Lessee's waiver of such right of first refusal with respect to this transaction. 3. It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property.

SELLER'S REPRESENTATION AND AGREEMENTS. (A) Seller represents and warrants as of this date that: 1. Except for the Lease Agreement in existence between Seller (as Lessor) and Buyer ("Lessee"), dated November 25, 1998, Seller is not aware of any leases of the Property. If the Buyer desires to terminate the Lease, Buyer may do so only after closing of the transaction contemplated herein; in the event Buyer shall assign its interest herein as set forth below in paragraph 11(A)2, Buyer shall make separate arrangements with the Assignee to such effect. 2. Seller agrees to consent to the assignment of Buyer's purchase rights hereunder to the Assignee simultaneously with closing, and to deed the property directly to such Assignee at Buyer's direction. 3. It is not aware of any pending litigation or condemnation proceedings against the Property or Seller's interest in the Property. 4. Seller is not aware of any contracts Seller has executed that would be binding on Seller after the closing date. (B) Provided that Buyer performs its obligations as required, Seller agrees that it will not enter into any new contracts that would materially affect the Property and be binding on Seller after the Closing Date without Buyer's prior consent, which will not be unreasonably withheld.