Acquisition Contracts Clause Samples

Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Acquisition Fund. Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof.

Acquisition Contracts. Operating Agreement by and between ▇▇▇▇▇▇ Operating Co., L.L.C and Chesapeake Exploration, L.L.C. dated August 21, 2012.

Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition and installation of the Equipment with moneys from the Acquisition Fund. Lessee represents that the estimated costs of the Energy Conservation Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Energy Conservation Equipment, and the operation and maintenance thereof.

Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition and installation of the Renewable Energy Equipment, with moneys available in the Acquisition Fund. Lessee represents that the estimated costs of the Renewable Energy Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition, installation or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Renewable Energy Equipment, and the operation and maintenance thereof.

Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment and the payment of the Project Costs, with moneys available in the Escrow Account. Lessee represents that the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. The Escrow Agent shall have no duty to monitor or enforce Lessee’s compliance with the foregoing covenant.

Acquisition Contracts. Schedule 2.07 contains a true, correct and complete list of all contracts and agreements to which Penn Square is a party relating to the acquisition or purchase of real property (the "Acquisition Contracts"). True, correct and complete copies of the Acquisition Contracts have been delivered or made available to the Operating Partnership. Schedule 2.07 accurately sets forth for each Acquisition Contract the name of the other party(ies) thereto and any amendments or modifications with respect thereto. Each Acquisition Contract is in full force and effect and embodies the entire agreement between the parties thereto. Penn Square has satisfied in full or provided for all its liabilities and obligations thereunder requiring performance prior to the date hereof in all material respects. Penn Square is not in default in any material respect under any Acquisition Contract, nor, to the knowledge of Penn Square, are there any existing conditions which, with the passage of time or the giving of notice or both, would constitute a default in any material respect under any Acquisition Contract. To the best knowledge of Penn Square, no other party to any such Acquisition Contract is in default in any material respect thereunder, nor does any condition exist which, with the passage of time or the giving of notice or both, would constitute a default in any material respect on the part of any other party under any Acquisition Contract.

Acquisition Contracts. The Company and its Subsidiaries (as applicable) will be the purchaser and/or assignee under those certain agreements listed on Schedule 3(w)(i)(1) (the “Acquisition Contracts”), pursuant to which the Company and its Subsidiaries (as applicable) will acquire their respective interests in the Real Property. The Company has or will deliver true, accurate and complete copies of the Acquisition Contracts to the Buyers. The Acquisition Contracts have not been terminated, amended, assigned or modified in any manner. None of the Company and its Subsidiaries (as applicable) or their respective counterparties to the Acquisition Contracts (each an “Acquisition Seller” and, collectively, the “Acquisition Sellers”) are in default under the terms and conditions of the Acquisition Contracts, as applicable. The Acquisition Sellers’ respective representations and warranties contained in the Acquisition Contracts, as applicable, are true, correct and complete. The Company’s and its Subsidiaries’ (as applicable) respective rights in and to the Acquisition Contracts are free from any Liens or any assignments not otherwise disclosed herein.

Acquisition Contracts. True and complete copies of the Acquisition Contracts have been delivered to the Administrative Agent, together with all amendments thereto. With respect to the Acquisition Contracts, (i) the representations and warranties set forth therein by the Borrower are true and correct in all material respects as of the Effective Date, and to the Borrower’s knowledge, the representations and warranties made by Vendors (as defined therein) are true and correct in all material respects as of the Effective Date and (ii) none of the Borrower or, to the Borrower’s knowledge, Vendors are in default in any material respect under any obligation set forth in the Acquisition Contracts. The Acquisition Contracts are in full force and effect and no consent or approval by any shareholders of the Borrower, any governmental entity or any other Person is required to consummate the transactions contemplated thereby that has not been obtained by the Borrower or the Vendors as therein defined. On the Effective Date, all conditions precedent under the Acquisition Contracts to the parties’ obligations to consummate the Canadian Acquisition have been satisfied in all material respects, and concurrently with the initial funding of Loans hereunder, the Canadian Acquisition shall have been consummated in material compliance with applicable requirements of law.

Acquisition Contracts. Each Acquisition Contract has closed and good, marketable and indefeasible fee simple title to the Acquisition Properties has been conveyed to the Partnership, subject only to the Permitted Exceptions, or, with respect to any Acquisition Contract that has not so closed, the seller is not in default thereunder and neither Branch nor Regency has reason to believe that (i) any seller is in material breach of any representations, warranties or covenants in an Acquisition Contract or (ii) may default in its obligations thereunder.