Common use of Transaction Characterization Clause in Contracts

Transaction Characterization. (a) The parties intend that (I) all components of the Transaction shall be considered a single integrated transaction and shall not be severable; and (ii) the Lease shall constitute a single master lease of all, but not less than all, of the Properties, and is a unitary, unseverable instrument pertaining to all, but not less than all, of the Properties, and none of the Lease or Lessee's rights, obligations or duties may be divided or otherwise allocated by Lessee among the Properties.

Appears in 1 contract

Samples: Purchase and Sale Agreement (LIVE VENTURES Inc)

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Transaction Characterization. (a) The parties intend that (Ii) all components of the Transaction shall be considered a single integrated transaction and shall not be severable; and (ii) the Lease Leases shall constitute a single one (1) or more master lease leases of all, but not less than all, all of the Properties, and is a unitary, unseverable instrument pertaining to all, but not less than all, of the Properties, and none of the Lease Leases or Lessee's ’s rights, obligations or duties may be divided or otherwise allocated by Lessee among the Properties, except as contemplated by the Leases.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Lubys Inc)

Transaction Characterization. (a) The parties intend that (Ii) all components of the Transaction shall be considered a single integrated transaction and shall not be severable; and (ii) the Lease shall constitute a single master lease of all, but not less than all, of the Properties, unless the parties otherwise agree as provided for herein, and is a unitary, unseverable instrument pertaining to all, but not less than all, of the Properties, and none of the Lease or Lessee's ’s rights, obligations or duties may be divided or otherwise allocated by Lessee among the Properties.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Synalloy Corp)

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Transaction Characterization. (a) The parties intend that (Ii) all components of the Transaction shall be considered a single integrated transaction and shall not be severable; and (ii) the each Lease Agreement shall constitute a single master lease of all, but not less than all, of the PropertiesProperties covered thereby, and is each Lease Agreement shall be a unitary, unseverable instrument pertaining to all, but not less than all, of the PropertiesProperties covered thereby, and none of the each Lease Agreement or Lessee's ’s rights, obligations or duties may be divided or otherwise allocated by Lessee among the PropertiesProperties covered thereby.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Corinthian Colleges Inc)

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