Failure of Seller Closing Condition. If any Seller Closing Condition is not satisfied at Closing, then Seller shall have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the Parties shall have no further rights or obligations under this Agreement, except those that expressly survive termination, or (ii) waive such Seller Closing Condition and proceed to Closing.
Appears in 4 contracts
Samples: Settlement and Release Agreement, Purchase and Sale Agreement, Settlement and Release Agreement
Failure of Seller Closing Condition. If Except as expressly provided in Section 9.4, if any of the Seller Closing Condition Conditions is not satisfied at Closing, then Seller shall have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the Xxxxxxx Money shall be disbursed to Seller in accordance with Section 3.2.3, and the Parties shall have no further rights or obligations under this Agreement, except those that which expressly survive such termination, or (ii) waive such any of the Seller Closing Condition and proceed Conditions at or prior to Closing.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Chesapeake Lodging Trust), Purchase and Sale Agreement (Chesapeake Lodging Trust)
Failure of Seller Closing Condition. If Except as expressly provided in Section 9.4, if any of the Seller Closing Condition Conditions is not satisfied at Closing, then Seller shall have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the Xxxxxxx Money shall be disbursed to Seller in accordance with Section 3.2.3, and the Parties shall have no further rights or obligations under this 45 Agreement, except those that which expressly survive such termination, or (ii) waive such any of the Seller Closing Condition and proceed Conditions at or prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Pebblebrook Hotel Trust)
Failure of Seller Closing Condition. If Except as expressly provided in Section 9.4, if any of the Seller Closing Condition Conditions is not satisfied at Closing, then Seller shall have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the Parties shall have no further rights or obligations under this Agreement, except those that which expressly survive such termination, or (ii) waive such any of the Seller Closing Condition and proceed Conditions at or prior to Closing, in which case the Closing shall be consummated.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Clearview Hotel Trust, Inc.)
Failure of Seller Closing Condition. If Except as expressly provided in Section 9.4, if any of the Seller Closing Condition Conditions is not satisfied at Closing, then Seller shall shall, as Seller’s sole and exclusive remedy, have the right right, by providing written notice to the Purchaser, to (i) terminate this Agreement by providing written notice to PurchaserAgreement, in which case the Xxxxxxx Money shall be disbursed to Seller in accordance with Section 3.2.3, and the Parties shall have no further rights or obligations under this Agreement, except those that which expressly survive such termination, or (ii) waive such any of the Seller Closing Condition and proceed Conditions at or prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Carey Watermark Investors Inc)
Failure of Seller Closing Condition. If Except as expressly provided in Section 9.4, if any of the Seller Closing Condition Conditions is not satisfied at Closing, then Seller shall have the right to (i) terminate this Agreement by providing written notice to Purchaser, in which case the Xxxxxxx Money Deposit shall be disbursed to Seller in accordance with Section 3.2.3, and the Parties shall have no further rights or obligations under this Agreement, except those that which expressly survive such termination, or (ii) waive such any of the Seller Closing Condition and proceed Conditions at or prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Highland Hospitality Corp)
