Common use of Operation of Contributed Assets Clause in Contracts

Operation of Contributed Assets. Between the date hereof and the Closing Date, the Contributor will take such action as may be necessary to cause the Partnership (A) operate its business only in the usual, regular, and ordinary manner consistent with such entity’s prior practice and (B) maintain its books of account and records in the usual, regular, and ordinary manner, in accordance with sound accounting principles applied on a basis consistent with the basis used in keeping its books in prior years. Except as otherwise permitted hereby, from the date hereof until the Closing Date, the Contributor shall not take any action or fail to take any action the result of which would (1) have a material adverse effect on the Contributed Assets, the Contributor’s Assets, the Properties, the Hotels, or the Acquiror’s ability to continue the operation thereof after the Closing Date in substantially the same manner as presently conducted or (2) would cause any of the representations and warranties contained in this Section 2.2 to be untrue as of the Closing Date.

Appears in 3 contracts

Samples: Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP)

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Operation of Contributed Assets. Between the date hereof and the Closing Date, the Contributor will take such action as may be necessary to cause the Partnership Company to (A) operate its business only in the usual, regular, and ordinary manner consistent with such entity’s prior practice and (B) maintain its books of account and records in the usual, regular, and ordinary manner, in accordance with sound accounting principles applied on a basis consistent with the basis used in keeping its books in prior years. Except as otherwise permitted hereby, from the date hereof until the Closing Date, the Contributor shall not take any action or fail to take any action the result of which would (1) have a material adverse effect on the Contributed Assets, the Contributor’s AssetsProperty, the Properties, the HotelsHotel, or the Acquiror’s ability to continue the operation thereof after the Closing Date in substantially the same manner as presently conducted or (2) would cause any of the representations and warranties contained in this Section 2.2 to be untrue as of the Closing Date.

Appears in 3 contracts

Samples: Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP)

Operation of Contributed Assets. Between the date hereof and the Closing Date, the Contributor will take such action as may be necessary to cause the Partnership Managing Member and the Company to (Ai) operate its business the Real Property and their respective businesses only in the usual, regular, and ordinary manner consistent with such entity’s prior practice and (Bii) maintain its their books of account and records in the usual, regular, and ordinary manner, in accordance with sound accounting principles applied on a basis consistent with the basis used in keeping its books in prior years. Except as otherwise permitted hereby, from From the date hereof until the Closing Date, neither the Contributor Contributor, the Managing Member nor the Company shall not take any action or fail to take any action the result of which would (1A) have a material adverse effect on the Contributed Assets, the Contributor’s AssetsProperty, the Properties, the Hotels, Company or the AcquirorAcquirer’s ability to continue the operation thereof after the Closing Date in substantially the same manner as presently conducted or (2B) would cause any of the representations and warranties contained in this Section 2.2 to be untrue as of the Closing Date.

Appears in 2 contracts

Samples: Contribution Agreement (Summit Hotel Properties, Inc.), Contribution Agreement (Summit Hotel OP, LP)

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Operation of Contributed Assets. Between the date hereof and the Closing Date, the Contributor will take such action as may be necessary to and will cause the Partnership to (A) operate its business only in the usual, regular, and ordinary manner consistent with such entity’s 's prior practice and (B) maintain its books of account and records in the usual, regular, and ordinary manner, in accordance with sound accounting principles applied on a basis consistent with the basis used in keeping its books in prior years. Except as otherwise permitted hereby, from From the date hereof until the Closing Date, the Contributor shall not and shall cause the Partnership not to, take any action or fail to take any action the result of which would (1) have a material adverse effect on the Contributed Assets, the Contributor’s AssetsProject, the Properties, the Hotels, Partnership or the Acquiror’s Acquirer's ability to continue the operation thereof after the Closing Date in substantially the same manner as presently conducted or (2) would cause any of the representations and warranties contained in this Section 2.2 to be untrue as of the Closing Date.

Appears in 1 contract

Samples: Contribution Agreement (Highland Hospitality Corp)

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