Application of Deposit. If the sale of the Property pursuant to this Agreement is consummated, the Deposit and all accrued interest shall be credited against the Purchase Price. If the sale of the Property pursuant to this Agreement is not consummated as a result of (i) a default by Seller, (ii) termination of this Agreement pursuant to Section 3.2 or Section 3.4, or (iii) failure of an express condition for the benefit of Buyer, the Deposit shall be returned to Buyer.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Electronics for Imaging Inc), Purchase and Sale Agreement (Gilead Sciences Inc)
Application of Deposit. If the sale of the Property pursuant to this Agreement is consummated, the Deposit and all accrued interest shall be credited against the Purchase Price. If the sale of the Property pursuant to this Agreement is not consummated as a result of (i) a default by Seller, (ii) termination of this Agreement pursuant to Section 3.2 Sections 3.2, 3.4, 4.3.1, 4.3.2, 5.12 or Section 3.412, or (iii) failure of an express condition for the benefit of Buyer, the Deposit shall be returned to BuyerBuyer (other than as set forth in Section 4.3.2).
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Gilead Sciences Inc), Purchase and Sale Agreement (Electronics for Imaging Inc)
