Capital Expenditures Prior to Closing. Notwithstanding anything to the contrary contained herein, Seller and its Affiliates may (without Buyer’s consent) make and undertake any work contemplated by Capital Expenditures described on Schedule 6.11 of the Seller Disclosure Schedule (collectively, the “Pre-Approved Capital Expenditures”), together with the Approved Capital Expenditures. Buyer will at Closing pay to Seller the documented amount expended by Seller or its Affiliates on account of all Pre-Approved Capital Expenditures and any Approved Capital Expenditures made after the date hereof and prior to the Closing, and Buyer will assume responsibility for and release Seller from liability for all such Capital Expenditures.
Appears in 2 contracts
Samples: Purchase Agreement (Saks Inc), Purchase Agreement (Bon Ton Stores Inc)
Capital Expenditures Prior to Closing. Notwithstanding anything to the contrary contained herein, Seller and its Affiliates may (without Buyer’s consent) make and undertake any work contemplated by the Capital Expenditures described on Schedule 6.11 of the Seller Disclosure Schedule (collectively, the “Pre-Approved Capital Expenditures”), together with in addition to the Approved Capital Expenditures. Buyer will at Closing pay to Seller the documented amount expended by Seller or its Affiliates on account of all Pre-Approved Capital Expenditures and any Approved Capital Expenditures made after the date hereof and prior to the Closing, and Buyer will assume responsibility for and release Seller from liability for all such Capital Expendituresexpenditures.
Appears in 1 contract
Samples: Stock Purchase Agreement (Saks Inc)
Capital Expenditures Prior to Closing. Notwithstanding anything to the contrary contained herein, Seller and its Affiliates may (without Buyer’s consent) make and undertake any work contemplated by the Capital Expenditures described on Schedule 6.11 of the Seller Disclosure Schedule (collectively, the “"Pre-Approved Capital Expenditures”"), together with in addition to the Approved Capital Expenditures. Buyer will at Closing pay to Seller the documented amount expended by Seller or its Affiliates on account of all Pre-Approved Capital Expenditures and any Approved Capital Expenditures made after the date hereof and prior to the Closing, and Buyer will assume responsibility for and release Seller from liability for all such Capital Expendituresexpenditures.
Appears in 1 contract
Samples: Stock Purchase Agreement (Belk Inc)