Restrictive covenants are created by deed and may «run with the land,» binding
all subsequent purchasers of the land, or may be «personal» and binding only between the original seller and Buyer.
If drafted correctly as a «restrictive covenant» it will not only bind the people who originally agreed to the terms, but also
subsequent purchasers of either or both of the properties involved.
Restrictive covenants are created by deed and may «run with the land,» binding
all subsequent purchasers of the land, or may be «personal» and binding only between the original seller and buyer.
Remaining plan coverage may be transferred to
the subsequent purchaser of the vehicle at the time of vehicle sale.
If the borrower defaults, the assignment of lease and rentals gives the lender the right to receive rents from the tenants and to transfer the leases to
a subsequent purchaser of the property.
Last but not least, the Court rejected Mr. Krishnamoorthy's argument that section 9 (1) of the ESA should be interpreted as (i) deeming the employment contract between an employee and an employer to be binding on
a subsequent purchaser of that employer's assets, and (ii) requiring the purchaser of a business» assets to offer employment to employees of that business on the same terms as their original contracts.
The Court held that the ESA does not deem the employment contract between an employee and an employer to bind
a subsequent purchaser of some of that employer's assets.
[31] Section 9 (1) of the ESA does not deem the employment contract between an employee and an employer to bind
a subsequent purchaser of some of that employer's assets as was the case here.
Not exact matches
The first involves the sale
of an asset to a
purchaser on a deferred basis and the
subsequent sale involves sale
of the asset to a third party on a cash basis.
If the Company grants registration rights, information rights, rights
of first offer, price - based antidilution protection, protective voting provisions or other similar rights to new investors in a
subsequent financing involving the sale
of additional series
of Preferred Stock, the Company will use reasonable efforts to extend such rights to the
Purchasers on the same basis granted to new investors.
As to the quality
of the work, that would be up to the
purchaser who buys a particular book and the
subsequent review they leave.
With respect to a consumer credit sale, the seller may not give or offer to give a rebate or discount, or otherwise pay or offer to pay value to the buyer, as an inducement for a sale in consideration
of the buyer giving to the seller the names
of prospective
purchasers, or otherwise aiding the seller in making a sale to another person, if the earning
of the rebate, discount, or other value is contingent upon the occurrence
of an event
subsequent to the time the buyer agrees to buy.
Enter EA's Project 10 Dollar, designed to artificially deflate the worth
of your goods by only giving the original
purchaser access to the full game and any
subsequent second - hand owner having to cough up ten dollars for the same.
Acting for
purchasers of a sports business in obtaining a freezing injunction and
subsequent proceedings in circumstances where the financial and contractual documentation supporting the acquisition was fabricated.
In
subsequent cases, plaintiffs evolved three techniques
of avoiding Chadha: (a) combining direct and indirect
purchasers into one class; (b) relying on causes
of action that may not require proof
of loss, in order to invoke aggregate assessment
of damages; and (c) leading economic evidence regarding pass on.
[10] In
subsequent interlocutory decisions in class actions, Ontario courts have approved attempts to avoid the problem
of proving pass - on by combining direct and indirect
purchasers in the same class.
The U.S. Supreme Court has held that a patent owner's sale
of a patented product exhausts its ability to bring infringement claims against the
purchaser, or
subsequent owners,
of the product.
If an employer sells a business or a part
of a business and the
purchaser employs an employee
of the seller, the employment
of the employee shall be deemed not to have been terminated or severed for the purposes
of this Act and his or her employment with the seller shall be deemed to have been employment with the
purchaser for the purpose
of any
subsequent calculation
of the employee's length or period
of employment.
However, if the seller allows the
purchaser to pay the purchase price off over a period
of time, the output tax and input tax
of the parties is calculated by multiplying the tax fraction at the original time
of supply by the amount
of each
subsequent payment, as and when those payments are made.
Subsequent to that the parties signed the Agreement
of Purchase and Sale (prepared by the
purchasers) without any zoning requirement.
A Rhode Island federal court has considered a real estate brokerage's liability for violations
of federal lead - based requirements in a lawsuit brought by home
purchaser and
subsequent lessees
of home.
Subsequent to his signing
of the agreement, the
Purchaser learned that the agreement contained information that the restaurant was losing money, which he alleged was different than what the Seller orally had represented to him.
If you are acting for a buyer / assignor or a
subsequent buyer / assignee
of a contract that provides that «the vendor is entitled to any profit resulting from an assignment
of the contract by the
purchaser or any
subsequent assignee», and there is any question as to whether the assignment is for a «profit», you should advise your client to seek independent legal advice on: