Approval Notice Sample Clauses
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Approval Notice. The transaction contemplated in this Agreement shall not proceed to Closing unless Buyer delivers to Seller written notice on or before the expiration of the Inspection Period of Buyer’s election to proceed to Closing under this Agreement, provided that Buyer may condition this election upon the cure, in the manner stated in writing by Seller and accepted in writing by Buyer, of any Disapproved Matter that Seller elects to cure (“Approval Notice”). Delivery or nondelivery of the Approval Notice shall occur in Buyer’s sole and absolute discretion, for any reason or no reason. If Buyer timely issues the Approval Notice, then this Agreement will remain in full force and effect and the Parties shall proceed to Closing in accordance with the terms of this Agreement. Further, if Buyer timely issues the Approval Notice, Buyer shall have the right, in its sole discretion and at its sole election, to lease the Property from Seller upon forty-five (45) days written notice to Seller of such election at a base rent rate of Forty-Five Hundred dollars ($4,500.00) per month, on a triple-net (NNN) basis, and from the commencement date specified in the notice through the Closing Date (“Lease”); the Parties agree to use Buyer’s lease form and each Party agrees to negotiate a mutually agreeable Lease based on such form in good faith with the intent of not unreasonably withholding execution of a commercially reasonable lease agreement. Alternatively, Buyer may terminate this Agreement in its sole discretion by giving written notice of such election to Seller on any day prior to and including the final day of the Inspection Period. If Buyer fails to deliver the Approval Notice prior to the expiration of the Inspection Period, Buyer will be deemed to have elected to terminate this Agreement as provided herein. In the event Buyer so terminates, the ▇▇▇▇▇▇▇ Money actually held by Escrow Agent shall be returned forthwith to Buyer, Buyer shall deliver to Seller one copy of each study performed by Buyer (including but not limited to engineering studies, proposed plat, and environmental assessments), if any, and neither Seller nor Buyer shall have any further rights or obligations under or relating to this Agreement, except pursuant to any surviving obligations.
Approval Notice. All sick leave shall be approved by the designated Department representatives. Employees who do not become ill on the job shall call in as required by Department policy before the beginning of their shift when using sick leave.
Approval Notice. Buyer shall have timely given the Approval Notice to Seller in accordance with the provisions of Section 6.7.
Approval Notice. Notwithstanding any timing or notification requirements set forth in the Purchase Agreement, this Addendum, upon full execution and delivery hereof by Buyer and Seller, shall be deemed Buyer’s delivery of an “Approval Notice” to Seller under Article 4 Section G. of the Purchase Agreement, constituting Buyer’s election to proceed with the purchase of the Property in accordance with the terms of the Purchase Agreement.
Approval Notice. Buyer’s notice delivered to Seller (if at all) under Section 4(l) of the Agreement.
Approval Notice. If Buyer determines that it is satisfied with its due diligence, in Buyer’s sole discretion, at any time on or prior to the Satisfaction Date, then Buyer may decide to waive its additional time up to the Satisfaction Date and proceed to Closing by providing written notice to Seller with a copy to the Title Company (an “Approval Notice”). If Buyer does not timely deliver an Approval Notice to Seller, then this Agreement will automatically terminate without the need for any notice, the ▇▇▇▇▇▇▇ Money will be returned to Buyer, and neither Party shall have any further rights or liability to the other Party, except as otherwise expressly provided in this Agreement. If Buyer does timely deliver an Approval Notice, then the ▇▇▇▇▇▇▇ Money shall become non-refundable in favor of Seller (subject to Sections 5, 9, and 17), but shall remain applicable to the Purchase Price.
Approval Notice. This Amendment constitutes Buyer’s Approval Notice under Section 4(c) of the Purchase Agreement and shall be deemed properly delivered and accepted upon its execution and delivery by Seller and Buyer. Buyer has no further right to terminate the Purchase Agreement pursuant to Section 4(c) of the Purchase Agreement, and the Deposit is non-refundable to Buyer except as otherwise expressly provided in the Purchase Agreement.
Approval Notice. DATE ______________________________ ELIGIBLE LOAN ASSET INFORMATION ____See Attached Schedule I______ Approved Exceptions to Eligibility Criteria for Loan Asset ____See Attached Schedule II_____ [Certain Value Adjustment Events] ____See Attached Schedule III_____ M▇▇▇▇▇ S▇▇▇▇▇▇ APPROVAL ____See Attached Schedule I______ • [Date of Approval][1] • Specified Loan Asset: [Yes][No] • Obligor Legal Name • Loan Type • Par Amount • Unfunded Exposure Amount • Tranche Description • Currency (Dollars, CAD, EUR, GBP) • Purchase Price • Maturity Date • Industry Classification • Cut-Off Financial Statement Date • Cut-Off Adj. EBITDA • Cut-Off Total Leverage • Cut-Off Interest Coverage Ratio • Assigned Value by Admin Agent (Cut-Off Date) • Advance Rate • [Approval Good Until][2] • [Approval Conditioned Upon][3] [1] NTD: Not required for Specified Loan Assets. [2] NTD: Not required for Specified Loan Assets. [3] NTD: Not required for Specified Loan Assets. Reference is made to that certain Loan and Servicing Agreement, dated as of April 19, 2024 (as the same may be amended, modified, supplemented, restated or replaced from time to time in accordance with the terms thereof, the "Loan and Servicing Agreement"), by and among Diameter Credit Company Holdings II LLC, as the borrower (together with its successors and assigns in such capacity, the "Borrower"), Diameter Credit Company, as the transferor (together with its successors and assigns in such capacity, the "Transferor"), Diameter Credit Company, as the servicer (together with its successors and assigns in such capacity, the "Servicer"), each of the lenders from time to time party thereto (the "Lenders"), M▇▇▇▇▇ S▇▇▇▇▇▇ Senior Funding, Inc., in its capacity as administrative agent for the Lenders (together with its successors and assigns in such capacity, the "Administrative Agent"), Citibank, N.A., as the collateral agent, the collateral custodian and the account bank, and Siepe, LLC, as the collateral administrator. Capitalized terms used but not defined herein shall have the meanings provided in the Loan and Servicing Agreement. As of the date hereof, the undersigned each certify that (i) all of the information set forth in Annex I attached hereto is true, correct and complete, (ii) each specified Loan Asset set forth in Annex I attached hereto satisfies the conditions set forth in the definition thereof, (iii) no Event of Default or Servicer Default has occurred and is continuing and no Unmatured Event of Default or ...
Approval Notice. B▇▇▇▇’s execution and delivery of this Amendment shall be deemed to be Buyer’s delivery of the Approval Notice as set forth in Section 3(A) of the Purchase Agreement.
Approval Notice. After it has received an Approval Request and any reasonably requested Additional Loan Information, the Administrative Agent shall either deliver an Approval Notice in relation to such Loan, or notify the Servicer in writing that no Approval Notice will be given in relation to such Loan.