Example ContractsClausesPreliminary Injunctions
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Preliminary Plan. After the Space Plan has been approved by Landlord, Tenant shall cause Tenant’s Architect to prepare and submit for Landlord’s approval preliminary plans showing locations of all proposed improvements, including partitions, cabinetry, equipment, fixtures, telephone and telecommunications facilities, and computer and electronic data facilities and shall specify the location of any proposed structural floor penetrations, the location and extent of floor loading in excess of Building capacity, if any, and the location and description of any special plumbing requirements, any special HVAC requirements, and any special electrical requirements (the “Preliminary Plans”). Landlord may request clarification or more specific drawings for special use items not included in the Preliminary Plans. Landlord shall approve or disapprove the Preliminary Plans by written notice given to Tenant within fifteen (15) Business Days after receipt of the Preliminary Plans. Landlord shall not unreasonably withhold its approval of the Preliminary Plans, provided that, without limiting the generality of the foregoing, Landlord shall be entitled to withhold its consent to the Preliminary Plans for any of the reasons specified in [Section 2.2.1] above, or if in Landlord’s good faith judgment, the Preliminary Plans are inconsistent with, or do not conform to, the Approved Space Plan. If Landlord disapproves the Preliminary Plans, Landlord shall return the Preliminary Plans to Tenant with a statement of Landlord’s reasons for disapproval, or specifying any required corrections and/or revisions. Landlord shall approve or disapprove of any revisions to the Preliminary Plans by written notice given to Tenant within five (5) Business Days after receipt of such revisions. This procedure shall be repeated until Landlord approves the Preliminary Plans (as so approved, the “Approved Preliminary Plans”).

PRELIMINARY STATEMENT. The is a party to the Term Loan Agreement (as further amended, restated or otherwise modified from time to time, the “Loan Agreement”) described in Item 1 of [Schedule 1] attached hereto (“[Schedule 1]”). Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings ascribed thereto in the Loan Agreement.

No Injunctions. No statute, rule, regulation, order, decree, ruling or injunction shall have been enacted, entered, promulgated, endorsed or threatened or is pending by or before any governmental authority of competent jurisdiction which in any material respect restricts, prohibits or threatens to restrict or prohibit the consummation of any of the transactions contemplated herein.

No Injunctions. No Governmental Entity of competent jurisdiction shall have obtained, enacted, issued, promulgated, enforced or entered any law, order, executive order, stay, decree, judgment or injunction (whether preliminary, temporary or permanent) or statute, rule or regulation that is in effect and that has the effect of making the Merger illegal or otherwise prohibiting consummation of the Merger or the other transactions contemplated by this Agreement.

No Injunctions. No temporary restraining Order, preliminary or permanent injunction issued by any court of competent jurisdiction preventing or prohibiting the consummation of the transactions contemplated by this Agreement shall be in effect.

Preliminary Total Development Cost Estimate. Based upon the ’s Work described in [Schedule 1] and the Improvement Allowance (defined below) for the Improvements, has prepared an estimate of the Total Development Costs (as defined in [Exhibit J]) for the Premises (the “Preliminary Total Development Cost Estimate”), which is set forth on [Schedule 3] attached hereto and includes detailed hard and soft cost budgets for the ’s Work and the Improvement Allowance.

SECTION # Conditions to Obligations of JKDG. The obligation of JKDG to effect the Acquisition is further subject to satisfaction or waiver of the following conditions:

The Company agrees that damages may be an inadequate remedy for any breach of the terms and provisions of this Section 8 and that Investor shall, whether or not it is pursuing any remedies at law, be entitled to equitable relief in the form of a preliminary or permanent injunctions, without having to post any bond or other security, upon any breach or threatened breach of any such terms or provisions.

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Unless otherwise provided herein or in the Confirmation Order, all injunctions or stays in effect in the Chapter 11 Cases (pursuant to sections 105 or 362 of the Bankruptcy Code or any order of the Bankruptcy Court) and existing on the Confirmation Date (excluding any injunctions or stays contained in the Plan or the Confirmation Order) shall remain in full force and effect until the Effective Date. All injunctions or stays contained in the Plan or the Confirmation Order shall remain in full force and effect in accordance with their terms.

Incorporation of Preliminary Statements and Acknowledgement; Definitions. The preliminary statements set forth above by this reference hereto are hereby incorporated into this Agreement. Terms used as defined terms herein and not otherwise defined shall have the meanings provided therefor in the Purchase Agreement. In addition, the following terms shall have the following meanings:

Section # Remedies. Employee acknowledges and agrees that in the event that Employee breaches any of the covenants in this [Article V], the Employer will suffer immediate and irreparable harm and injury for which the Employer will have no adequate remedy at law. Accordingly, in the event that Employee breaches any of the covenants in [Article V], the Employer shall be absolutely entitled to obtain equitable relief, including without limitation temporary restraining orders, preliminary injunctions, permanent injunctions, and specific performance. The foregoing remedies and relief shall be cumulative and in addition to any other remedies available to the Employer. In addition to the other remedies in this Article to which the Employer may be entitled, the Employer shall receive attorneys’ fees and any other expenses incident to its maintenance of any action to enforce its rights under this Agreement.

Specific Enforcement. The Parties acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the Parties shall be entitled to seek one or more preliminary and final injunctions to prevent or cure breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which any of them may be entitled by law or equity.

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a letter from counsel of the Seller substantially to the effect that # nothing has come to such counsel’s attention that would lead such counsel to believe that the agreed upon sections of the Preliminary Prospectus, the Prospectus, the Preliminary Offering Circular, the Final Offering Circular, the AMA Plaza Preliminary Loan-Specific Offering Circular, the 225 Bush Street Preliminary Loan-Specific Offering Circular, the AMA Plaza Final Loan-Specific Offering Circular or the 225 Bush Street Final Loan-Specific Offering Circular (each as defined in the Indemnification Agreement), as of the date thereof or as of the Closing Date (or, in the case of the Preliminary Prospectus, the Preliminary Offering Circular, the AMA Plaza Preliminary Loan-Specific Offering Circular or the 225 Bush Street Preliminary Loan-Specific Offering Circular, solely as of the time of sale) contained or contain, as applicable, with respect to the Seller or the Mortgage Loans, any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements therein relating to the Seller or the Mortgage Loans, in the light of the circumstances under which they were made, not misleading and

is in compliance with all applicable Laws, writs, injunctions and orders; and

13 Preliminary Closing Statement

a member of the family of any of the foregoing in excess of 10% of the aggregate unpaid principal balance of all # Preliminary Eligible Portfolio Loans plus # Preliminary Eligible Split-Funded Loans;

Preliminary Base Rent..................................................................................................... Exhibit B

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