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Contract of Sale

 

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Title:

Contract of Sale

Entities:

Lodgian, Inc.

Date:

2007

Size:

Preview shows 18KB of 101KB total

Price:

$61

ID:

#2707202

 

 

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CONTRACT OF SALE

between

G&I III RESOURCE SQUARE LLC

Seller

and

TRIPLE NET PROPERTIES, LLC

Purchaser

     
Premises:   Building 4
    10735 David Taylor Drive
    Charlotte, North Carolina
Dated:
  January 9, 2007

1

1. Definitions.

2. Subject of Sale.

3. Purchase Price.

4. Deposit Provisions.

5. As-Is

6. Representations.

     
6.1
6.2
6.3
6.4
6.5
  Sellers Representations
Knowledge
Update and Survival
Liability for Misrepresentations.
Purchasers Representations

7. Ongoing Operations.

     
7.1
7.2
7.3
7.4
7.5
7.6
  Leasing Practice.
Personal Property and Equipment
Employees
Development Rights
Tax Protest Proceedings
Operation and Maintenance

8. Title.

     
8.1
8.2
8.3
  Title Commitment
Status of Title
Non-Permitted Title Objections.

9. Closing.

     
9.1
9.2
9.3
9.4
  Closing Date and Location
Closing Expenses.
Closing Deliveries.
Apportionments and Reimbursements

10. Default.

  10.1   Purchasers Default  

  10.2   Sellers Default  

11. Risk of Loss.

  11.1   Condemnation.  

  11.2   Destruction or Damage  

12. Purchasers Review Period.

13. Miscellaneous.

     
13.1
13.2
13.3
13.4
13.5
13.6
13.7
13.8
13.9
13.10
13.11
13.12
13.13
13.14
13.15
13.16
13.17
13.18
13.19
13.20
13.21
13.22
  Broker
Assignment of this Contract
Attorneys Fees
Notices
Further Assurances
Confidentiality.
Survival and Merger
Recording
Successors and Assigns
Entire Agreement
Waiver and Modifications
Captions and Titles
Construction
Non-Business Days
Governing Law and Jurisdiction
Counterparts
No Third Party Benefits
Submission not an Offer
Severability
Insurance
Proposed Tax Free Exchange
SNDAs
 
   
Schedule A
Schedule B
Schedule C
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H
  Description of Property
Subject To Provisions
List of Space Leases
Service Contracts
Pending Litigation
Operating Statements
Property Information
Leasing Commission Agreements and Construction Contracts
 
   
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
  Form of Special Warranty Deed to the Premises
Form of Assignment of the Space Leases
Form of Assignment of the Service Contracts
Form of Assignment of Licenses, Permits, Guarantees and Warranties
Form of Notice to the Space Tenants
Form of Notice of Assignment of the Service Contracts
Form of Tenant Estoppel Certificate
Form of Bill of Sale
Access Agreement
Form of Title Certificate
Form of Sellers Estoppel
Form of Assumption Agreement

Exhibit 13 Form of Assignment of Leasing Commission Agreements and Construction Contracts

     
Exhibit 14
Exhibit 15
  Chicago Title Insurance Company Wire Transfer Instructions
Form of Audit Letter

2

CONTRACT (this Contract) made this 9 day of January, 2007 by and between G&I III RESOURCE SQUARE LLC, a Delaware limited liability company, having an address at c/o DRA Advisors LLC, 220 East 42nd Street, New York, New York 10017 (Seller) and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company, having an address at 1551 N. Tustin Avenue, Suite 200, Santa Ana, CA 92705 (Purchaser).

W I T N E S S E T H :

WHEREAS, upon the terms and conditions hereinafter set forth, Seller agrees to sell and convey fee title to that certain parcel of land described on Schedule A annexed hereto with the improvements erected thereon (which parcel of land and the improvements erected thereon are herein referred to collectively as the Property) to Purchaser and Purchaser agrees to purchase the Property.

NOW, THEREFORE, intending to be legally bound hereby, the parties agree as follows:

  1.   Definitions.

The terms defined in this Article shall for all purposes of this Contract have the meanings herein specified unless the context requires otherwise.

1.1 Additional Deposit shall have the meaning ascribed to it in Section 3.2.

1.2 Additional Rents shall have the meaning ascribed to it in Section 9.4(a).

1.3 Broker shall have the meaning ascribed to it in Section 13.1.

1.4 Business Day shall mean any day other than a Saturday, Sunday or day on which the banks in New York are authorized or permitted to be closed.

1.5 Casualty shall have the meaning ascribed to it in Section 11.2.

1.6 Casualty Termination Event shall have the meaning ascribed to it in Section 11.2.

1.7 Closing shall have the meaning ascribed to it in Section 9.1.

1.8 Closing Date shall have the meaning ascribed to it in Section 9.1.

1.9 Contract shall have the meaning ascribed to it in the introductory paragraph.

1.10 Deposit shall have the meaning ascribed to it in Section 3.2.

1.11 Escrowee shall have the meaning ascribed to it in Section 3.1.

1.12 Estoppel Certificate(s) shall have the meaning ascribed to it in Section 9.3(a)(xiii).

1.13 Estoppel Default shall have the meaning ascribed to it in Section 9.3(a)(xiii).

1.14 Estoppel Tenants shall have the meaning ascribed to it in Section 9.3(a)(xiii).

1.15 Evaluation Material shall have the meaning ascribed to it in Section 13.6(a).

1.16 Exchange shall have the meaning ascribed to it in Section 13.20.

1.17 Existing Space Leases shall have the meaning ascribed to it in Section 6.1(d).

1.18 Existing Space Tenants shall have the meaning ascribed to it in Section 6.1(f).

1.19 Initial Deposit shall have the meaning ascribed to it in Section 3.1.

1.20 Major Tenants shall have the meaning ascribed to it in Section 9.3(a)(xiii).

1.21 Maximum Representation Expense shall have the meaning ascribed to it in Section 6.4(b).

1.22 Maximum Title Expense shall have the meaning ascribed to it in Section 8.3(b).

1.23 New Lease(s) shall have the meaning ascribed to it in Section 7.1(a).

1.24 Non-Permitted Title Objections shall have the meaning ascribed to it in Section 8.3(a).

1.25 Outside Termination Date shall have the meaning ascribed to it in Section 12.1.

1.26 Permitted Exceptions shall have the meaning ascribed to it in Section 8.2.

1.27 Preliminary Proration Statement shall have the meaning ascribed to it in Section 9.4(a)(i).

1.28 Premises shall have the meaning ascribed it in Section 2.2.

1.29 Property shall have the meaning ascribed to it in the WHEREAS paragraph in this Contract.

1.30 Purchase Price shall have the meaning ascribed to it in Section 3.

1.31 Purchaser shall have the meaning ascribed to it in the introductory paragraph.

1.32 Purchasers Review Period shall have the meaning ascribed to it in Section 12.1.

1.33 Purchasers 2006 Actual Operating Expenses shall have the meaning ascribed to it in Section 9.4(b).

     
1.34
Section 13.6(b).
1.35

 

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