Common use of Property Defined Clause in Contracts

Property Defined. The Land, the Improvements, the Personal Property, the Leases, the Contracts and the Intangibles (as each is defined on Exhibit B, other than the Leases and Contracts which are hereinafter defined) are hereinafter referred to collectively as the “Property.” Notwithstanding anything to the contrary contained in this Agreement: (a) Seller reserves the right to (i) retain copies of all digital information and paper copies of all information related to, or associated with, the Property and the Equity Interests; (ii) remove any other digital information located on any computer hardware (without providing copies of the same to Purchaser) if such information relates to other property interests of Seller or its affiliates, or other matters which are unrelated to the Property or the Equity Interests, or otherwise constitutes Non-Disclosure Materials, as defined in Section 3.1 below; and (iii) retain and/or transfer any amounts in bank accounts of Seller, the Company or the Subsidiary and their respective agents and affiliates (other than security deposits held pursuant to Leases), as well as any rents, receivables, refunds or other rights of payment or other consideration, accruing with respect to the Equity Interests prior to Closing and together with any other rights reserved to Seller under this Agreement; (b) Seller makes no representation or warranty (and specifically disclaims all such warranties and representations) as to the transferability of any software licenses or programs loaded on such hardware and Purchaser shall utilize such at its own risk and without any recourse to Seller; and

Appears in 1 contract

Samples: Equity Interest Purchase and Sale Agreement (Creative Media & Community Trust Corp)

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Property Defined. The Land, the Improvements, the Personal Property, the LeasesGround Lease, the Contracts and the Intangibles (as each is defined on Exhibit B, other than the Leases and Contracts which are hereinafter defined) are hereinafter referred to collectively as the “Property.” Notwithstanding anything to the contrary contained in this Agreement: (a) Seller reserves the right to (i) retain copies of all digital information and paper copies of all information related to, or associated with, the Property and the Equity Interests; (ii) remove any other digital information located on any computer hardware (without providing copies of the same to Purchaser) if such information relates to other property interests of Seller or its affiliates, or other matters which are unrelated to the Property or the Equity Interests, or otherwise constitutes Non-Disclosure Materials, as defined in Section 3.1 below; and (iii) retain and/or transfer any amounts in bank accounts of Seller, the Company or the Subsidiary Subsidiaries and their respective agents and affiliates (other than security deposits held pursuant to Leases)affiliates, as well as any rents, receivables, refunds or other rights of payment or other consideration, accruing with respect to the Equity Interests prior to Closing and together with any other rights reserved to Seller under this Agreement; (b) Seller makes no representation or warranty (and specifically disclaims all such warranties and representations) as to the transferability of any software licenses or programs loaded on such hardware and Purchaser shall utilize such at its own risk and without any recourse to Seller; andand (c) all digital information contained on such hardware (whether or not related to the Property) shall be subject to the confidentiality provisions of Section 9.1 hereof, to the extent applicable.

Appears in 1 contract

Samples: Equity Interest (Creative Media & Community Trust Corp)

Property Defined. The Land, the Improvements, the Personal Property, the Leases, the Contracts and the Intangibles (as each is defined on Exhibit B, other than the Leases and Contracts which are hereinafter defined) are hereinafter referred to collectively as the “Property.” Notwithstanding anything to the contrary contained in this Agreement: (a) Seller reserves the right to (i) retain copies of all digital information and paper copies of all information related to, or associated with, the Property and the Equity Interests; (ii) remove any other digital information located on any computer hardware (without providing copies of the same to Purchaser) if such information relates to other property interests of Seller or its affiliates, or other matters which are unrelated to the Property or the Equity Interests, or otherwise constitutes Non-Disclosure Materials, as defined in Section 3.1 below; and (iii) retain and/or transfer any amounts in bank accounts of Seller, the Company or the Subsidiary Subsidiaries and their respective agents and affiliates (other than security deposits held pursuant to Leases), as well as any rents, receivables, refunds or other rights of payment or other consideration, accruing with respect to the Equity Interests prior to Closing and together with any other rights reserved to Seller under this Agreement; (b) Seller makes no representation or warranty (and specifically disclaims all such warranties and representations) as to the transferability of any software licenses or programs loaded on such hardware and Purchaser shall utilize such at its own risk and without any recourse to Seller; and

Appears in 1 contract

Samples: Equity Interest (Creative Media & Community Trust Corp)

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Property Defined. The Land, the Improvements, the Personal Property, the Leases, the Contracts and the Intangibles (as each is defined on Exhibit B, other than the Leases and Contracts which are hereinafter defined) are hereinafter referred to collectively as the “Property.” Notwithstanding anything to the contrary contained in this Agreement: (a) Seller reserves the right to (i) retain copies of all digital information and paper copies of all information related to, or associated with, the Property and the Equity Interests; (ii) remove any other digital information located on any computer hardware (without providing copies of the same to Purchaser) if such information relates to other property interests of Seller or its affiliates, or other matters which are unrelated to the Property or the Equity Interests, or otherwise constitutes Non-Disclosure Materials, as defined in Section 3.1 below; and (iii) retain and/or transfer any amounts in bank accounts of Seller, the Company or the Subsidiary Subsidiaries and their respective agents and affiliates (other than security deposits held pursuant to Leases)affiliates, as well as any rents, receivables, refunds or other rights of payment or other consideration, accruing with respect to the Equity Interests prior to Closing and together with any other rights reserved to Seller under this Agreement; (b) Seller makes no representation or warranty (and specifically disclaims all such warranties and representations) as to the transferability of any software licenses or programs loaded on such hardware and Purchaser shall utilize such at its own risk and without any recourse to Seller; andand (c) all digital information contained on such hardware (whether or not related to the Property) shall be subject to the confidentiality provisions of Section 9.1 hereof, to the extent applicable.

Appears in 1 contract

Samples: Equity Interest Purchase and Sale Agreement (Creative Media & Community Trust Corp)

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