Common use of Buyer’s Election Clause in Contracts

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.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc)

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Buyer’s Election. If Seller is unable fails to satisfy all of Seller’s '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.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Krupp Realty LTD Partnership Iv), Purchase and Sale Agreement (Krupp Realty LTD Partnership Vii)

Buyer’s Election. If Seller is unable to satisfy all of the Seller’s 's obligations as set forth in this Agreement, Buyer shall have the right to elect, in its sole discretion, at the Closing, either to waive such failed obligations and to accept the Partnership Interests subject to such title as Seller can deliver to the Property in its then condition unfulfilled obligations and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such title Partnership Interests for such price.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc)

Buyer’s Election. If Seller is unable to satisfy all of Seller’s 's obligations as set forth in this Agreement, Buyer shall have the right to elect, in its sole discretion, at the Closing, to accept the Stock subject to such title as Seller can deliver to the Property in its then condition unfulfilled obligations and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such title for such price.

Appears in 1 contract

Samples: Stock Purchase Agreement (Krupp Realty LTD Partnership Iv)

Buyer’s Election. If Seller is unable to satisfy all of Seller’s '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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Krupp Realty LTD Partnership Vii)

Buyer’s Election. If Seller is unable to satisfy all of Seller’s obligations as set forth in this AgreementAgreement in all material respects, Buyer shall have the right to elect, in its sole discretion, at the applicable 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)

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 by assignment of the Interests and to pay therefor the Purchase Price without reduction or offset, except as expressly provided in Section 1.02, in which case Seller shall convey such title for such price.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

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Buyer’s Election. If In addition to Buyer's other rights herein, if any Seller is unable to satisfy all of Seller’s its 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 Sellers can deliver to all but not less than all of the Property Properties in its their then condition and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such title for such price.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Brookdale Senior Living Inc.)

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 tire 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

Buyer’s Election. If either Seller is unable to satisfy all of such 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 such Seller can deliver to the Property in its then condition and to pay therefor the Purchase Price without reduction or offset, in which case such Seller shall convey such title for such price.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc)

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