Common use of Agreement Not To Be Recorded Clause in Contracts

Agreement Not To Be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Premises. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer. However, the filing of this Agreement in any lawsuit or other proceedings in which such document is relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of the United States Securities and Exchange Commission, be deemed a violation of this Paragraph.

Appears in 1 contract

Samples: Agreement of Sale (Catalyst Semiconductor Inc)

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Agreement Not To Be Recorded. This Agreement Neither this Agreement, nor any ---------------------------- memorandum thereof, nor any assignment thereof (if permitted) shall not be filed of record by or on behalf of Buyer in any office or place of public record. If , and if Buyer fails shall fail to comply with the terms hereof hereby by recording or attempting to record this Agreement or a notice thereofthe same, such act it shall not operate to bind or cloud the title to any of the PremisesReal Property. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker agent or counsel other person acting for Buyer shall should cause or permit this Agreement Agreement, a memorandum thereof, or assignment thereof, or a copy thereof thereof, to be filed in an office or place of public record, SellerSeller may, at its option, option and in addition to Seller’s 's other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer. However, the filing of this Agreement or any memorandum thereof, or any assignment thereof, or of copies of the same, in any lawsuit suit or other proceedings legal proceeding in which such document is documents are relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of the United States Securities and Exchange Commission, be deemed a violation of this Paragraphparagraph.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pierce Leahy Corp)

Agreement Not To Be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public recordrecord other than by Buyer in connection with an action for specific performance hereunder. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PremisesProperty. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of BuyerBuyer entitling Seller to retain the Deposit. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of the United States Securities and Exchange Commission, be deemed a violation of this ParagraphSection.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Vinebrook Homes Trust, Inc.)

Agreement Not To Be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Premises. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an BUSDOCS/1435908.8 office or place of public record, Seller, at its option, and in addition to Seller’s 's other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer. However, the filing of this Agreement in any lawsuit or other proceedings in which such document is relevant or material shall not be deemed to be a violation of this Paragraph. Notwithstanding anything to the contrary set forth in this paragraph, nor Buyer shall any other filing of be entitled to file this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of Agreement with the United States Securities and Exchange CommissionCommission after Closing, be deemed a violation of this Paragraphin the event such disclosure is required or necessary under applicable securities laws or regulations.

Appears in 1 contract

Samples: Agreement of Sale (Berkshire Income Realty Inc)

Agreement Not To Be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PremisesProperty. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of BuyerBuyer entitling Seller to retain the Deposit. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of Section. Notwithstanding anything else in this Agreement, if Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required under laws relating to corporate governanceby law, or under any rules and regulations of the United States including Securities and Exchange CommissionCommission rules and regulations, and the Seller shall not have the right to institute proceedings to remove the same from record and such filing will not be deemed treated as a violation of default, material or otherwise, under this ParagraphAgreement.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Vinebrook Homes Trust, Inc.)

Agreement Not To Be Recorded. This Subject to the provisions of Section 2.3, this Agreement shall not be filed of record by or on behalf of Buyer Purchaser in any office or place of public record. If Buyer Purchaser fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PremisesProperty. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer Purchaser or any agent, broker or counsel acting for Buyer Purchaser shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of BuyerPurchaser. However, the filing of this Agreement or any notice in any lawsuit or other proceedings in which such document is relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of the United States Securities and Exchange Commission, be deemed a violation of this Paragraph.Section. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Purchase and Sale Agreement (Washington Prime Group, L.P.)

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Agreement Not To Be Recorded. This Agreement Neither this Agreement, nor any ---------------------------- memorandum thereof, nor any assignment thereof (if permitted) shall not be filed of record by or on behalf of Buyer in any office or place of public record. If , and if Buyer fails shall fail to comply with the terms hereof hereby by recording or attempting to record this Agreement or a notice thereofthe same, such act it shall not operate to bind or cloud the title to any of the PremisesIncluded Assets. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker agent or counsel other person acting for Buyer shall should cause or permit this Agreement Agreement, a memorandum thereof, or assignment thereof, or a copy thereof thereof, to be filed in an office or place of public record, SellerSeller may, at its option, option and in addition to Seller’s 's other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer. However, the filing of this Agreement or any memorandum thereof, or any assignment thereof, or of copies of the same, in any lawsuit suit or other proceedings legal proceeding in which such document is documents are relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of the United States Securities and Exchange Commission, be deemed a violation of this Paragraphparagraph.

Appears in 1 contract

Samples: Purchase Agreement (Pierce Leahy Corp)

Agreement Not To Be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the PremisesProperty. Seller Sellers shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of BuyerBuyer entitling Sellers to retain the Deposit. However, the filing of this Agreement in any lawsuit or other proceedings between the parties in which such document is relevant or material shall not be deemed to be a violation of this Paragraph, nor shall any other filing of Section. Notwithstanding anything else in this Agreement, if Buyer or its Affiliates may file this Agreement in any office or place of public record to the extent required under laws relating to corporate governanceby law, or under any rules and regulations of the United States including Securities and Exchange CommissionCommission rules and regulations, and the Sellers shall not have the right to institute proceedings to remove the same from record and such filing will not be deemed treated as a violation of default, material or otherwise, under this ParagraphAgreement.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Vinebrook Homes Trust, Inc.)

Agreement Not To Be Recorded. This Agreement shall not be filed of record by or on behalf of Buyer in any office or place of public record. If Buyer fails to comply with the terms hereof by recording or attempting to record this Agreement or a notice thereof, such act shall not operate to bind or cloud the title to the Premises. Seller shall, nevertheless, have the right forthwith to institute appropriate legal proceedings to have the same removed from record. If Buyer or any agent, broker or counsel acting for Buyer shall cause or permit this Agreement or a copy thereof to be filed in an office or place of public record, Seller, at its option, and in addition to Seller’s other rights and remedies, may treat such act as a material default of this Agreement on the part of Buyer. However, the filing of this Agreement in any lawsuit or other proceedings in which such document is relevant or material shall not be deemed to be a violation of this ParagraphSection. Notwithstanding anything to the contrary set forth in this Section, nor Buyer shall any other filing of be entitled, at Buyer’s expense, to file this Agreement, if required under laws relating to corporate governance, or under any rules and regulations of Agreement with the United States Securities and Exchange Commission, be deemed a violation of this Paragraphin the event such disclosure is required or necessary under applicable securities laws or regulations.

Appears in 1 contract

Samples: Agreement of Sale (Berkshire Income Realty Inc)

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