Seller’s Possession or Control definition

Seller’s Possession or Control means (i) in the possession of any officer, employee or other Person acting at the direction of Seller, or (ii) in the possession of any other Person from whom Seller has a right to obtain the item in question.
Seller’s Possession or Control means (i) in the possession of any officer, employee or other Person acting at the direction and subject to the control of Seller, or (ii) in the possession of any other Person from whom Seller has the right and practical ability to obtain the item in question as and when may be required under this Agreement (which shall expressly include Hotel Operator and any executive staff employee of Hotel Operator if and to the extent that Seller possesses such right and practical ability); provided, however, any reference in this Agreement to Seller’s Possession or Control of any documents or materials expressly excludes any such documents or materials that are (A) legally privileged or constitute attorney work product, or (B) subject to a confidentiality agreement prohibiting their disclosure by Seller; provided, however, Seller shall use commercially reasonable efforts to obtain a waiver of such confidentiality restriction.
Seller’s Possession or Control means that information or materials are located in files maintained by Seller or its property manager at the property management office serving the Property, or at Seller’s main office.

Examples of Seller’s Possession or Control in a sentence

  • Ranger College is seeking Proposals for the construction of a Rodeo Arena and Stall Barns at Ranger, Texas.

  • Prior to the execution and delivery of this Agreement, Seller has delivered to Purchaser a copy of any and all surveys of the Real Property in Seller’s Possession or Control (if any).

  • Seller shall provide to Purchaser all due diligence materials in Seller’s Possession or Control relating to the Property or the Business including but not limited to all Equipment Leases, Operating Agreements, Plans and Specifications, Mortgage Loan Documents, and those items set forth on Schedule 4.1(c) (all documents and materials provided by Seller to Purchaser pursuant to this Agreement are referred to collectively herein as the “Seller Due Diligence Materials”).

  • To Seller’s actual knowledge, Seller has provided to Purchaser all non-privileged, non-work product, written information in Seller’s Possession or Control with respect to any of the proceedings described in the immediately preceding sentences.

  • Seller has provided to Purchaser such due diligence materials in Seller’s Possession or Control relating to the Property or the Business as have been requested by Purchaser.

  • To Seller’s actual knowledge, Schedule 6 sets forth a correct and complete list of the Licenses and Permits required by any Governmental Authority for the operation of the Hotel as it is currently being operated or the ownership of the Property and Seller has delivered to Purchaser or afforded Purchaser access to a true and complete copy of all such the Licenses and Permits in Seller’s Possession or Control.

  • That the MDI recorded 348.560 kVA and 337.440 kVA in the month Feb./March- 2017 against the sanctioned load of 297 kVA contract demand is also wrong and objectionable.


More Definitions of Seller’s Possession or Control

Seller’s Possession or Control means in the physical possession or control of any officer or employee of any Noble Entity who has primary or day-to-day responsibility for the Business; provided, however, that any reference in this Agreement to Seller’s Possession or Control of any documents or materials expressly excludes the possession or control of any such documents or materials that (i) are legally privileged or constitute attorney work product, (ii) are subject to a confidentiality agreement or to Applicable Law prohibiting their disclosure by any Noble Entity, or (iii) constitute confidential internal assessments, reports, studies, memoranda, notes or other correspondence prepared by or on behalf of any officer or employee of any Noble Entity.
Seller’s Possession or Control means (i) in the physical possession of any officer or employee of any Starwood Entity who has primary responsibility for the Business, or (ii) in the possession of any other Person still engaged by a Starwood Entity from whom such Starwood Entity has a right to obtain the item in question at no cost or expense to Seller other than any de minimis cost of expense or any cost of expense which Purchaser agrees in writing to reimburse; provided, however, that any reference in this Agreement to Seller’s Possession or Control of any documents or materials expressly excludes the possession of any such documents or materials that (A) are legally privileged or constitute attorney work product, (B) are subject to a confidentiality agreement prohibiting their disclosure by any Starwood Entity, or (C) constitute confidential internal assessments, reports, studies, memoranda, notes or other correspondence prepared by or on behalf of any officer or employee of any Starwood Entity.
Seller’s Possession or Control means (i) in the possession of any officer, employee or other Person acting at the direction of Seller, or (ii) in the possession of any other Person from whom Seller has a right to obtain the item in question (which shall expressly include any executive staff employee at the Hotel); provided, however, that any reference in this Agreement to Seller’s Possession or Control of any documents or materials expressly excludes any such documents or materials that are (A) legally privileged or constitute attorney work product, or (B) subject to a confidentiality agreement prohibiting their disclosure by Seller, provided, however, that Seller shall use commercially reasonable efforts to obtain a waiver of such confidentiality restriction.

Related to Seller’s Possession or Control

  • Environmental Problem Property A Mortgaged Property or REO Property that is in violation of any environmental law, rule or regulation.

  • Licensed site remediation professional means an individual

  • Environmentally constrained area means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

  • the Property means the Property more particularly described in Condition 2 of the Conditions of Sale (as defined in 1.6 below);

  • Landlord Personal Property Collateral Access Agreement means a Landlord Waiver and Consent Agreement substantially in the form of Exhibit K with such amendments or modifications as may be approved by Collateral Agent.

  • GENERAL AND SPECIAL CONDITIONS OF CONTRACT means the instructions to Tenderer and General and special conditions of contract pertaining to the work for which above tenders have been called for.

  • Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

  • The Properties means and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof.

  • Land disturbing construction activity means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

  • Residential construction means construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes, and includes real property pursuant to chapter 499B.

  • WTO GPA country construction material means a construction material that—

  • E-Auction Process Information Document means this document including all the appendices hereto, for the purposes of setting out the process for submission of a bid and selection of Successful Bid in accordance with the provisions of the IBC and shall include all supplements, modifications, amendments, alterations or clarifications thereto issued in accordance with the terms hereof.

  • Environmental Affiliate means any agent or employee of any Borrower or any other Relevant Party or any person having a contractual relationship with any Borrower or any other Relevant Party in connection with any Relevant Ship or its operation or the carriage of cargo and/or passengers thereon and/or the provision of goods and/or services on or from any Relevant Ship;

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • Inspection Period means the period beginning on the Effective Date and expiring at 5:00 p.m. eastern time on the forty-fifth day after the Effective Date.

  • Caribbean Basin country construction material means a construction material that—

  • Commence Construction means that an owner or operator has either undertaken a continuous program of construction or has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction.

  • Transition Property means the property right created by a financing order, including without

  • Free Trade Agreement country construction material means a construction material that—

  • Physical Conditions Report means, with respect to the Property, a report prepared by a company satisfactory to Lender regarding the physical condition of the Property, satisfactory in form and substance to Lender in its sole discretion, which report shall, among other things, (a) confirm that the Property and its use complies, in all material respects, with all applicable Legal Requirements (including, without limitation, zoning, subdivision and building laws) and (b) include a copy of a final certificate of occupancy with respect to all Improvements on the Property.

  • Property Owner Association Property means, for each Fiscal Year, any property within the boundaries of IA No. 1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

  • Erection, construction, remodeling, repairing means all types of work done on a particular building or work at the site thereof in the construction or development of the project, including without limitation, erecting, construction, remodeling, repairing, altering, painting, and decorating, the transporting of materials and supplies to or from the building or work done by the employees of the Contractor, Subcontractor, or Agent thereof, and the manufacturing or furnishing of

  • Environmental Notices means notice from any Environmental Authority or by any other person or entity, of possible or alleged noncompliance with or liability under any Environmental Requirement, including without limitation any complaints, citations, demands or requests from any Environmental Authority or from any other person or entity for correction of any violation of any Environmental Requirement or any investigations concerning any violation of any Environmental Requirement.

  • Complex or chronic medical condition means a physical,

  • Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.