Common use of Conflicts and Pending Action Clause in Contracts

Conflicts and Pending Action. There is no agreement to which any Contributor is a party or to Contributor’s knowledge binding on any DCT Party which is in conflict with this Agreement. There is no contingent liability or action or proceeding pending or, to such DCT Party’s knowledge, threatened against any Contributor or the Property except as fully disclosed and identified in Exhibit K, including condemnation or re-zoning proceedings, or against such DCT Party or any of its Affiliate which challenges or impairs such DCT Party’s ability to execute or perform its obligations under this 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.)