Kimco Clause Samples

Kimco. The Company represents and warrants that (a) immediately after giving effect to the Merger, and treating any indebtedness which becomes an obligation of the Company or a Subsidiary as a result of the Merger as having been incurred by the Company or such Subsidiary at the time of the Merger, and (b) immediately after giving effect to the Conveyance and treating any indebtedness which becomes an obligation of Kimco or a subsidiary of Kimco as a result of the Conveyance as having been incurred by Kimco or such Subsidiary at the time of the Conveyance, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Kimco. (subject to Inland's commercially reasonable approval and cooperation) shall hereinafter complete negotiations concerning the Grant of Easement contemplated by the 99