Delay in Closing. In the event that the purchaser fails to take title to the Premises within fifteen (15) days after the issuance of the Permanent Certificate of Occupancy, Purchaser shall pay to Seller the sum of $ per day for each and every day from the date that the Permanent Certificate of Occupancy was issued to and including the date of closing.
Delay in Closing. The loan will not be closed if, at the loan closing, the seller (in a sale transaction) or the bor- rower (in a nonpurchase money loan situation) indicates that construction, repair, or remodeling has been com- menced or completed on the property, or related materials or services have been delivered to or performed on the property within the time limit speci- fied in the affidavit, unless a State Supplement provides otherwise. The closing agent will notify the approval official, who will determine if the work of improvement could result in a lien prior to the agency lien. The State Of- fice will, with the advice and concur- rence of OGC, provide in a State Sup- plement the period of time to be used in completing the affidavit.
Delay in Closing. Authority to Close If Escrow Agent cannot close the Escrow on or before the Scheduled Closing Date, it will nevertheless close when all conditions have been satisfied or waived, notwithstanding that one or more of such conditions was not timely performed, unless after the Scheduled Closing Date and prior to the close of the delayed Escrow, Escrow Agent receives a written notice to terminate the Escrow and this Agreement from a party who, at the time such notice is delivered, is not in default. Neither (i) the exercise of the right of termination, (ii) delay in the exercise of the right of termination, nor (iii) the return of monies and documents, shall affect the right of the party giving notice of termination to pursue legal or equitable remedies for the other party's breach of this Agreement. Nor shall (i) the giving of such notice, (ii) the failure to object to termination of the Escrow, or (iii) the return of monies and documents affect the right of the other party to pursue legal or equitable remedies for the breach of the party who gives notice.
Delay in Closing. In the event the Closing does not take place by August 31, 2008, Lender has the right to terminate its obligations and forbearance hereunder and in the documents related hereto by written notice to the other parties hereto.
Delay in Closing. Provided that the Purchaser is not in default of its obligations hereunder, if the Closing has not occurred by September 2, 2008, Seller will not ship to its customers any holiday themed product during the month of September 2008 and Seller will provide Purchaser with reasonable access to the Seller’s customer orders, including by providing to the Purchaser item level detail stating the product title of all customer orders shipped during such month or any other reasonable information that Purchaser requests to ensure that Seller has not shipped, or is not shipping, any holiday themed products to the Seller’s customers during the month of September 2008. Notwithstanding the foregoing, Seller may ship the Xxxxx Xxxx Christmas album to its customers on the release date for such album, provided that Seller agrees to limit its shipments to no more than [1,000] units during the month of September 2008.
Delay in Closing. In the event that this Agreement has not been terminated and the Closing shall not have occurred by the later of (i) December 1, 2009 and (ii) the fifth (5th) business day following the satisfaction or waiver of all of the conditions set forth in Section 2.1 (other than those that by their terms are to be satisfied or waived at the Closing and the condition set forth in Section 2.1(f)), and the failure to so close is not caused in whole or in part by Seller, Purchasers agree to reimburse Seller for Seller’s costs to carry on Seller’s X.xx engineering portion of the Business in substantially the same manner as presently conducted from such date until such time that the Closing shall occur or this Agreement is terminated. Seller and Purchasers agree that Purchasers shall pay to Seller a monthly amount equal to $306,243 based on twenty one (21) full-time Specified Employees at an established man rate per month of $14,583. Upon the earlier of the Closing or the termination of this Agreement, Seller shall provide an invoice to Purchasers setting forth the aggregate amount of the fees due to Seller through such date under this Section 9.3, with the monthly amount for the month in which the Closing occurs or this Agreement is terminated being pro rated based upon the number of days that have elapsed during such month from the commencement of Purchasers’ reimbursement obligation under this Section 9.3 until the Closing Date or the date of the termination of this Agreement, and Purchasers shall pay the invoice upon receipt. Article 10
Delay in Closing. By HNB or Mercantile Sub if the Merger shall not have been consummated on or before December 31, 2007;
Delay in Closing. Purchaser acknowledges that Seller has certain recurring overhead costs related to the overall development and its outstanding construction loan. In the event of failure of Purchaser to actually close on the Scheduled Closing Date, and without in any way limiting Seller’s rights and remedies under Section XV as a result of a default by Purchaser, Purchaser agrees to pay, in addition to all other amounts due, a late charge of one percent (1%) per month (based on the amount of the Purchase Price), prorated on a thirty (30) day basis, to accrue commencing on the Scheduled Closing Date and continuing until all payments required under this Agreement, together with such late charges, are paid. Seller’s failure to exercise any right or remedy under this Agreement shall not constitute a waiver of any of such defaults or of any of such rights, including without limitation, the right to cancel this Agreement, and will not constitute a modification of this Agreement.
Delay in Closing. In the event that the Closing occurs after the date of this Agreement, the parties agree that that no further interest shall accrue under the Note during the period between the signing of this Agreement and the Closing.
Delay in Closing. By Royal Palm or Mercantile Sub if the Merger shall not have been consummated on or before December 31, 2006;
