Buyer’s Election. If Seller is unable to satisfy all of Seller’s obligations as set forth in this Agreement, Buyer shall have the right to elect, in its sole discretion, at the Closing, to accept such title as Seller can deliver to the Property in its then condition and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such title for such price.
Buyer’s Election. If Seller is unable to satisfy any of the conditions under Section 9.01 hereof which is in the control of Seller, Buyer shall have the right to elect, in its sole discretion, at the Closing, either to waive such condition or conditions and to accept the Partnership Interests subject to such unfulfilled obligations and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such Partnership Interests for such price, or to terminate this Agreement and receive the return of the Deposit. Buyer agrees that Seller’s failure to satisfy any of the conditions set forth in Sections 9.01(d), 9.01(e), 9.01(f) or 9.01(h) hereof shall only give rise to the election by Buyer under this Section 12.01 and shall not be deemed a default by Seller under Section 12.02 hereof.
Buyer’s Election. Buyer must elect one of the following options and give written notice to Seller of such election within (i) fifteen (15) days after the insurance adjuster’s written determination in the case of a Casualty, or (ii) thirty (30) days after Buyer’s receipt of Seller’s notice of Condemnation in the case of a Condemnation:
Buyer’s Election. The Buyer shall have the right, in its sole discretion, to elect to purchase no less than US$[ ] million worth of Shares or Company Class A Ordinary Shares under either Section 1.01 or Section 1.02.
Buyer’s Election. In the event that the parties fail to reach ---------------- agreement on an equitable adjustment of the Purchase Price within the thirty (30) days provided in Section 8.1.3, then Buyer shall have the election, exercisable by notice to Seller within fifteen (15) days immediately following the expiration of the thirty (30) day period, to either (a) proceed with the consummation of the transaction at Closing, with a reduction in the Purchase Price consistent with Seller's last offer communicated to Buyer, in which event Seller shall assign over or deliver to Buyer at Closing all condemnation proceeds or insurance proceeds which the Seller receives, or to which Seller becomes entitled by virtue of the Events of Loss, less any costs and expenses reasonably incurred by Seller in obtaining such condemnation proceeds or insurance proceeds, or (b) terminate this Agreement, in which event this Agreement shall terminate and neither Party shall thereafter have any obligation or liability to the other by reason of this Agreement. If Buyer fails to make the election within the fifteen (15) day period, Buyer will be deemed to have made the election to proceed with the Closing.
Buyer’s Election. Buyer hereby initials the applicable statement of the following: [initial here] Buyer elects to obtain Buyer’s Loan from the Preferred Lender; OR [initial here] Buyer elects to obtain Buyer’s Loan from (‘Buyer’s Lender”) subject to the provisions of clause (b) below; OR [initial here] Buyer will not require third-party financing in order to purchase the Property and hereby represents to Seller that Buyer now owns and holds sufficient cash, and will continue to own and hold the same, in order to pay the Total Purchase Price and other fees and costs for which Buyer is liable in cash at close of Escrow. If Buyer is unable to provide to Seller evidence satisfactory to Seller of such cash holdings within three (3) business days of the Acceptance Date, then this Agreement shall terminate automatically and shall be null and void without any further notice or demand on the part of Seller.
Buyer’s Election. The BUYER shall have the election, at either the original TO ACCEPT TITLE or any extended time for performance, to accept such title as the SELLER can deliver to the Premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title.
Buyer’s Election. If Seller fails or is unable to satisfy any of the foregoing conditions and such failure is not the result of any act or omission of Seller, Buyer, at Buyer's option, may either:
Buyer’s Election not to deliver a Margin Call notice at any time there is a Margin Deficit shall not waive the Margin Deficit or in any way limit or impair Buyer’s right to deliver a Margin Call notice at any time when the same or any other Margin Deficit exists (and the conditions to the delivery of such Margin Call notice under Section 4.01(a) above are satisfied). Buyer’s rights under this Section 4.01 are in addition to and not in lieu of any other rights of Buyer under the Repurchase Documents or Requirements of Law.
Buyer’s Election. In the event that Buyers make an election under this Section prior to Closing, Buyers may elect, by notice to Seller delivered on or before the Closing Date, to have all or a portion of the Assets conveyed to a qualified intermediary or an exchange accommodation titleholder (as such term is defined in Rec. Proc. 2000-37 issued effective September 15, 2000).
