Common use of Disposition of Deposit Clause in Contracts

Disposition of Deposit. Seller and Buyer instruct Escrow Agent to place the Deposit in a federally insured interest-bearing account. The Deposit will be applied as follows: (a) if Buyer terminates this Agreement in any situation where Buyer is permitted or deemed to do so under this Agreement (including without limitation any failure of a condition precedent under Section 13 below), subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid to Buyer, and neither of the Parties will have any further liability or obligation under this Agreement, except with respect to any obligations which are expressly stated in this Agreement to survive a termination prior to Closing (the “Surviving Obligations”); (b) if Seller terminates this Agreement as the result of an uncured default by Buyer as provided in Section 21(b) below, subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid to Seller; and (c) if escrow Purchase and Sale Agreement [Concept]--[City, State] EAST\76951995.6 closes, the Deposit will be credited to Buyer, applied against the Purchase Price and paid to Seller at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

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Disposition of Deposit. Seller and Buyer instruct Escrow Agent to place the Deposit in a federally insured interest-bearing account. The Deposit will be applied as follows: (a) if Buyer terminates this Agreement as to all of the Properties in any situation where Buyer is permitted or deemed to do so under this Agreement (including without limitation any failure of a condition precedent under Section 13 below), subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid immediately to Buyer, and Master Purchase and Sale Agreement Walgreens—4 Pack neither of the Parties will have any further liability or obligation under this Agreement, except with respect to any obligations which are expressly stated in this Agreement to survive a termination prior to Closing (the “Surviving Obligations”); (b) if Buyer terminates this Agreement as to less than all of the Properties in any situation where Buyer is permitted or deemed to do so under this Agreement (including without limitation any failure of a condition precedent under Section 13 below), the Deposit with respect to each “Removed Property” (as defined in Section 5(c) below) will be paid immediately to Buyer, and neither of the Parties will have any further liability or obligation under this Agreement with respect to such Removed Properties, except with respect to any Surviving Obligations; (c) if Seller terminates this Agreement as the result of an uncured default by Buyer as provided in Section 21(b) below, subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid to Seller; and (cd) if escrow Purchase and Sale Agreement [Concept]--[City, State] EAST\76951995.6 closes, the Deposit will be credited to Buyer, applied against the Purchase Price and paid to Seller at Closing.

Appears in 1 contract

Samples: Master Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

Disposition of Deposit. Seller and Buyer instruct Escrow Agent to place the Deposit in a federally insured interest-bearing account. The Deposit will be applied as follows: (a) if Buyer terminates this Agreement in any situation where Buyer is permitted or deemed to do so under this Agreement (including which permitted terminations shall include without limitation a termination by Buyer for any failure of a condition precedent under Section 13 below or for an uncured default by Seller as provided in Section 21(a) below), subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid immediately to Buyer, and neither of the Parties will have any further liability or obligation under this Agreement, except with respect to any obligations which are expressly stated in this Agreement to survive a termination prior to Closing (the “Surviving Obligations”); (b) if Seller terminates this Agreement as the result of an uncured default by Buyer as provided in Section 21(b) below, subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid to Master Purchase and Sale Agreement MT – Louisville, Kentucky; Rockford, Illinois Seller, and neither of the Parties will have any further liability or obligation under this Agreement except for any Surviving Obligations; and (c) if escrow Purchase and Sale Agreement [Concept]--[City, State] EAST\76951995.6 closesClosing occurs, the Deposit will be credited to Buyer, applied against the Purchase Price and paid to Seller at Closing.

Appears in 1 contract

Samples: Master Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.)

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Disposition of Deposit. Seller and Buyer instruct Escrow Agent to place the Deposit in a federally insured interest-bearing account. The Deposit will be applied as follows: (a) if Buyer terminates this Agreement in any situation where Buyer is permitted or deemed to do so under this Agreement (including which permitted terminations shall include without limitation a termination by Buyer for any failure of a condition precedent under Section 13 below or for an uncured default by Seller as provided in Section 21(a) below), subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid immediately to Buyer, and neither of the Parties will have any further liability or obligation under this Agreement, except with respect to any obligations which are expressly stated in this Agreement to survive a termination prior to Closing (the “Surviving Obligations”); (b) if Seller terminates this Agreement as the result of an uncured default by Buyer as provided in Section 21(b) below, subject to the applicable provisions of the Escrow Instructions, the Deposit will be paid to Seller, and neither of the Parties will have any further liability or obligation under this Agreement except for any Surviving Obligations; and (c) if escrow Purchase and Sale Agreement [Concept]--[City, State] EAST\76951995.6 closesClosing occurs, the Deposit will be credited to Buyer, applied against the Purchase Price and paid to Seller at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT III), Inc.)

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