Additional Contingencies Clause Samples

Additional Contingencies. This Agreement and the obligations of the parties hereunder are further expressly contingent upon the satisfaction of the following conditions which must occur contemporaneously on the Closing Date: (i) the parties shall close title to real property located at ▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ (the “30 Knightsbridge Property”) whereby Assignor shall sell and Assignee shall purchase said real property, and Assignee shall lease-back a portion of the property to Assignor, in accordance with the terms and conditions of that certain Agreement of Purchase and Sale (the “30 Knightsbridge Contract”) agreed to by the parties and executed contemporaneously with this Agreement; (ii) the parties shall close title to real property located at ▇▇▇▇▇▇ Plaza II, 412 Mt. ▇▇▇▇▇▇ Avenue, ▇▇▇▇▇▇ Township, New Jersey and that certain parcel containing approximately 25 acres commonly known as ▇▇▇ ▇▇, ▇▇▇▇▇ 23.02 (collectively, the “▇▇▇▇▇▇ Plaza II Property”) whereby Assignor shall sell and Assignee shall purchase said real property, and Assignee shall lease-back the property to Assignor, in accordance with the terms and conditions of that certain Agreement of Purchase and Sale (the “▇▇▇▇▇▇ Plaza II Contract”) agreed to by the parties and executed contemporaneously with this Agreement; (iii) the parties shall execute a lease amendment pursuant to which Assignor shall extend its lease for a ten year term with respect to real property located at ▇▇▇▇▇▇ Plaza I, 340 Mt. ▇▇▇▇▇▇ Avenue, ▇▇▇▇▇▇ Township, New Jersey (the “▇▇▇▇▇▇ Plaza I Property”) which lease amendment shall be in the form of lease amendment approved by the parties and attached hereto as Exhibit H; (iv) Assignee’s obligation to close this transaction shall be subject to its evaluation of the Properties and the Leases. Assignee’s rights and obligations with respect to this evaluation shall be identical to those contained in Article V of the 30 Knightsbridge Contract and the ▇▇▇▇▇▇ Plaza II Contract, which article is incorporated herein by reference. Assignee shall have the right to terminate this Agreement to the same extent as provided in said Article V and will lose such right if it is not exercised within the Evaluation Period, as defined therein; and (v) All of the Leases must remain in full force and effect as of the Closing, and nothing shall have occurred, such as casualty or condemnation, which, upon notice or the passage of time, or both, would result in the termination of a Lease.; provided, however, tha...

Additional Contingencies. If by reason of the adoption after the Effective Date of any applicable law, treaty, rule or regulation, or any interpretation or administration after the Effective Date of any applicable law, treaty, rule or regulation by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any request or directive of such authority (whether or not having the force of law), the ability of the Agent to establish the Prime Rate shall be limited or restricted (other than by limitations or restrictions affecting the charging of interest generally), the Agent shall promptly provide notice thereof to the Borrowers and the Banks. Thereafter, the Company, the Agent and the Banks shall negotiate with a view to agreeing to a mutually acceptable alternative basis to make and maintain Floating Rate Loans. If an alternative basis is agreed upon within 30 days after the date of such notice, it shall apply in accordance with the terms of such agreement. If such alternative basis is not agreed upon within such 30-day period, the Borrowers shall on the 31st day after such notice is given repay in full the then-outstanding principal amount of each Floating Rate Loan so affected together with accrued interest thereon (computed at the rate applicable to such Floating Rate Loans immediately preceding the imposition of such limitations or restrictions for the period after such imposition) and, during the continuance of such circumstances, the Borrowers shall not be entitled to request Floating Rate Loans so affected pursuant to Section 3.1 or continuations of or conversions to Floating Rate Loans so affected pursuant to Section 3.5.

Additional Contingencies. This Agreement is contingent upon (i) Buyer’s obtaining a commitment for financing in an amount and upon terms satisfactory to Buyer in its sole discretion; and (ii) Buyer's obtaining any required governmental permits, approvals or consents relating to the operation of the Business.

Additional Contingencies. Buyer's obligation to purchase the Property is subject to Buyer's satisfaction or waiver, in writing, of the following conditions precedent, in Buyer's sole and absolute discretion, on or before the dates described below:

Additional Contingencies. This Contract is further contingent upon the following: (a) Purchaser obtaining all requisite regulatory, administrative, or governmental authorizations and consents, and confirmation of all necessary public utilities and necessary permits; (b) absence of pending or threatened litigation, investigations or other matters affecting the Property; (c) confirmation that the representations and warranties of the parties are true and accurate in all respects; (d) Purchaser obtaining suitable financing to fund the Purchase Price; (e) approval of the sale of the Property by the City of ▇▇▇▇▇ by ordinance; (f) the Parks Approval; (g) the Zoning Approval; and (h) confirmation of acceptable amendment(s) to railroad setback suitable to Purchaser's needs to build the multifamily residential project as depicted in the tentative site plan attached hereto as Exhibit “E” (collectively “Contingencies”). For the avoidance of doubt, ▇▇▇▇▇▇ and Purchaser agree that if any Contingencies are not satisfied by closing, then, in addition to any remedies Purchaser has hereunder in the event the failure to satisfy such Contingency is also a Seller Default, Purchaser shall be entitled to terminate this agreement and receive a full refund of the Deposit upon notice to escrow agent.

Additional Contingencies. This Lease contemplates that the form of SNDA and list of Title Exceptions will be attached as exhibits to the Lease. Since neither are available as of the Effective Date and the parties, nonetheless, desire to proceed with the execution of the Lease without such exhibits, the parties have executed this Lease with the understanding that Landlord will provide to Tenant a survey, a proposed list of Title Exceptions and a form of SNDA on or before September 10, 2009. Tenant shall thereafter have until the date that is five (5) business days following receipt of all such items from Landlord to review and approve, in writing, each such item, which approval shall not be unreasonably withheld, conditioned or delayed. Following Tenant’s written approval of each of the Title Exceptions, survey and SNDA, the items will be initialed by the parties hereto and incorporated into this Lease as the applicable exhibits hereto. If Tenant does not approve either or both of said forms of exhibits, Tenant may, on or before September 30, 2009, terminate the Lease upon not less than five (5) days written notice to Landlord, and in which event, all further rights and obligations of the parties hereunder will terminate except that Landlord shall, to the extent applicable, reassign the Option Agreement to Tenant or, if title to the Land has been previously conveyed to Landlord, convey the Land to Tenant and, in any such event, Landlord shall be responsible for all transfer taxes associated with such assignment and/or conveyance.

Additional Contingencies. This Contract is further contingent upon:

Additional Contingencies. Notwithstanding the foregoing, Purchaser’s obligation to purchase the Property is contingent on the following contingencies being satisfied prior to the closing: F) In the event the above listed contingencies are not satisfied by the closing, Purchaser shall upon its request to terminate this Contract be entitled to a return of the ▇▇▇▇▇▇▇ Money.

Additional Contingencies. 17 5.5 Indemnification. . . . . . . . . . . . . . . . . . . . . . . .18 5.6