Common use of New Contracts Clause in Contracts

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 8 contracts

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Ii Inc), Purchase and Sale Agreement (TNP Strategic Retail Trust, Inc.), Purchase and Sale Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 7 contracts

Samples: Agreement of Purchase and Sale (Preferred Apartment Communities Inc), Agreement of Purchase and Sale (Brooks Automation Inc), Agreement of Purchase and Sale (Homes for America Holdings Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 5 contracts

Samples: Purchase and Sale Agreement, Agreement of Purchase and Sale, Purchase and Sale Agreement

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Berkshire Income Realty, Inc.), Purchase and Sale Agreement (Berkshire Income Realty, Inc.), Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property Premises subsequent to the Closing, Closing except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior ' notice.

Appears in 3 contracts

Samples: Agreement for the Sale (Cedar Income Fund LTD /Md/), Agreement (Cedar Income Fund LTD /Md/), Agreement (Cedar Income Fund LTD /Md/)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc), Agreement of Purchase and Sale (Wells Mid-Horizon Value-Added Fund I LLC), Agreement of Purchase and Sale (Amerivest Properties Inc)

New Contracts. Except as provided in Section SECTION 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc), Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into or amend or modify any contract or license agreement that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Berkshire Income Realty Inc), Agreement of Purchase and Sale (Berkshire Income Realty Inc)

New Contracts. Except as provided in Section 6.1.46.1.5, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice; provided that Seller will not enter into any such contract after the expiration of the Inspection Period without the prior written consent of Purchaser, which shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without terminated on or before the payment of any termination penalty on not more than 30 days’ prior noticeClosing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Industrial Properties Reit Inc)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller ---------------- will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Wells Real Estate Investment Trust Inc)

New Contracts. Except as provided in Section 6.1.46.1(d), Seller will not enter into any contract that will could be an obligation affecting the Property subsequent to the Closing, except contracts unless (1) Seller obtains Purchaser’s prior written approval (which approval may be withheld in Purchaser’s sole and absolute discretion) or (2) such contract is of the type that is entered into in the ordinary course of business that are and is terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Asbury Automotive Group Inc)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tejas Inc)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any new contract that will be an obligation affecting the Property Properties subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Plymouth Industrial REIT Inc.)

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New Contracts. Except as provided in Section 6.1.4Subsection 4.1.4, Seller will not enter into into, amend or terminate any contract that will be an obligation affecting the Property subsequent to after the Closing, except contracts entered into into, amended or terminated in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Netreit)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting binding on the Property or Purchaser subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carrington Laboratories Inc /Tx/)

New Contracts. Except as provided in Section 6.1.4, Subsection 6.1.4 Seller will shall not enter into or amend any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Universal Insurance Holdings, Inc.)

New Contracts. Except as provided in Section 6.1.4Subsection 6.1.3, no Seller will not enter into any contract that will be an obligation affecting such Seller’s portion of the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)

New Contracts. Except as provided in Section 6.1.46.1.5, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except Advance Bookings and contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

New Contracts. Except as provided in Section Subsection 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days' prior notice, and which shall be terminated by Seller at Closing at no cost to Purchaser, unless assumed by Purchaser at Purchaser's election made in writing to Seller at least ten (10) days prior to Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Industrial Properties Reit Inc)

New Contracts. Except as provided in Section 6.1.46.5, from the Effective Date through Closing, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 thirty (30) days’ prior noticenotice and contracts required for compliance with applicable law. Seller shall furnish to Purchaser copies of any such new contracts promptly after Seller’s execution and delivery thereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not no more than 30 thirty (30) days’ prior notice.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Terreno Realty Corp)

New Contracts. Except as provided in Section 6.1.4, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days’ prior noticeor before Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

New Contracts. Except as provided in Section 6.1.4, Seller Sellers will not enter into any contract that will be an obligation affecting the Property subsequent to the Closing, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than 30 days' prior notice.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

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