|
"Knowledge of the Individuals" and phrases of similar import means the
<br />knowledge of Jeffery Andra, Maria Jindra and Dodd Jindra, after reasonable due inqui ry.
<br />"Knowledge of the Seller" and phrases of similar import means the knowledge of
<br />Jeffery Jindra and Maria Jindra, after reasonable due inquiry.
<br />"Law" means any federal, state, local, municipal, foreign, international, or
<br />multinational law or any constitution, statute, treaty, code, ordinance, principle of common law
<br />or other laws (including any rule, regulation, plan, injunction, judgment, order, decree, ruling or
<br />charge thereunder or related thereto).
<br />"Lender" means U.S. Bank N.A., or its successors or assigns, which holds the
<br />Mortgage on the Owned Real Property.
<br />"Liabilities" means any and all losses, debts, damages, obligations, payments,
<br />costs and expenses, bonds, indemnities and similar obligations, guarantees, make whole
<br />agreements and similar obligations, and other liabilities of whatever kind and nature, including
<br />all contractual obligations, whether absolute or contingent, inchoate or otherwise, primary or
<br />secondary, direct or indirect, absolute or contingent, matured or unmatured, liquidated or
<br />unliquidated, accrued or unaccrued, known or unknown, whenever arising, and including those
<br />arising under any Law, threatened or contemplated action (including the costs and expenses of
<br />demands, assessments, judgments, settlements and compromises relating thereto and attorneys'
<br />fees and any and all costs and expenses whatsoever incurred in investigating, preparing or
<br />defending against any such actions), order or consent decree of any Governmental Authority or
<br />any award of any arbitrator or mediator of any kind.
<br />"Liens" means any lien, security interest, mortgage, charge or similar
<br />encumbrance.
<br />"Material Adverse Effect" means any change, circumstance or effect that has, or
<br />would reasonably be expected to have, a material adverse effect on the condition (financial or
<br />otherwise) of the Purchased Assets or the ability of Seller or the Individuals to consummate the
<br />Transactions on a timely basis (other than any event or condition (a) resulting from general
<br />regulatory, social, political or economic or financial market conditions or changes, including acts
<br />of war, pandemic, sabotage or terrorism, military actions or the escalation thereof, (b) arising out
<br />of the Transactions or the public announcement thereof, or (c) directly caused by the Buyer or
<br />any of its Affiliates).
<br />"Mortgage" means the Deed of Trust from Jeffery M. Jindm and Maria L. Jindra
<br />to the Public Trustee of El Paso County for the use of the Lender that secures indebtedness owed
<br />by Mr. and Mrs. Jindra related to the Owned Real Property.
<br />applicable.
<br />"Option" has the meaning described in Section 2.1 _
<br />"Option Term" means the Initial Option Tenn and the Second Option Terns, as
<br />4
<br />
|