Common use of Conflicts and Pending Action Clause in Contracts

Conflicts and Pending Action. There is no agreement to which TRT Partner is a party or to TRT Partner’s knowledge binding on TRT Partner which is in conflict with this Agreement. There is no action or proceeding pending or, to TRT Partner’s knowledge, threatened against TRT Partner which challenges or impairs TRT Partner’s ability to execute or perform its obligations under this Agreement or the Partnership Agreement.

Appears in 2 contracts

Sources: Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.), Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.)