Common use of Final Adjustment After Closing Clause in Contracts

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 13 contracts

Samples: Purchase and Sale Agreement (Tuesday Morning Corp/De), Purchase and Sale Agreement, Agreement of Purchase and Sale

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Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 8 contracts

Samples: Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Final Adjustment After Closing. If In the event that final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1Paragraph 6.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 5 contracts

Samples: Agreement of Purchase and Sale (Asset Capital Corporation, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section Sections 8.1, 8.3 and 8.5, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 5 contracts

Samples: Partnership Interests Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Member Interest Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, including Taxes, then Purchaser and Seller agree to allocate reprorate such items on a fair and equitable basis based upon final bills as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Final Adjustment After Closing. If In the event that final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.16.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations The provisions of this Section 6.2 shall survive the Closing.

Appears in 3 contracts

Samples: www.sec.gov, Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.), sec.report

Final Adjustment After Closing. If In the event that final bills are not available or cannot be issued for any charge prior to Closing for any item being prorated under Section 8.1Closing, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are availableset forth herein, with final adjustment and any payment due to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment Other than as set forth herein, all prorations shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closingfinal.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Cornerstone Core Properties REIT, Inc.), Agreement of Purchase and Sale (Cornerstone Core Properties REIT, Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment adjustments to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment adjustments shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (McAfee Corp.), Purchase and Sale Agreement (Piedmont Office Realty Trust, Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of delivery of written notice. All such rights and obligations shall survive the Closing.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc), Agreement of Purchase and Sale (Amerivest Properties Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section SECTION 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc), Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, . then Purchaser Buyer and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.,

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Universal Insurance Holdings, Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 60 days of written noticefollowing the Closing Date. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Final Adjustment After Closing. If final bills are not available or ------------------------------ cannot be issued prior to Closing for any item being prorated under Section 8.18(a), then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment adjustments to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment adjustments shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.Closing (i) (j)

Appears in 1 contract

Samples: Purchase and Sale Agreement (Proton Energy Systems Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.110.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Industrial Properties Reit Inc)

Final Adjustment After Closing. If In the event that final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1this Article 7, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations This section shall survive the Closing and shall not merge into any documents of conveyance delivered at Closing.

Appears in 1 contract

Samples: Industrial Property Trust Inc.

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the ClosingClosing for a period of one (1) year.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Plymouth Industrial REIT Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller Sellers agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

Final Adjustment After Closing. If In the event that final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1this Article 7, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Dividend Capital Trust Inc

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser Buyer and Seller Sellers agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing; provided, however, such final adjustment shall be made by the date which is six (6) months after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Industrial Property Trust Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section SECTION 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hittite Microwave Corp)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the ClosingClosing for a period of six months, except that the parties obligation to adjust any tax proration shall survive the Closing for a period of one (1) year.

Appears in 1 contract

Samples: Purchase and Sale Agreement (NTS Realty Holdings Lp)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser Buyer and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (X Rite Inc)

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Final Adjustment After Closing. If In the event that final bills are ------------------------------ not available or cannot be issued prior to Closing for any item being prorated under Section 8.1Paragraph 6.1, then Purchaser and Seller agree to allocate such items on a ------------- fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (First Capital Insured Real Estate Limited Partnership)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1hereunder, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (TNP Strategic Retail Trust, Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and the applicable Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of delivery of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Amerivest Properties Inc)

Final Adjustment After Closing. If In the event that final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.19.1, then Purchaser and Seller City agree to allocate such items on a fair and equitable basis as soon as such invoices or bills are available, with final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written noticenotice of such final adjustments. All such rights and obligations This Section 9.3 shall survive the ClosingClosing for nine (9) months.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing, but not later than thirty (30) days after such final bills are available. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Industrial Properties Reit Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.. 8.5 [Intentionally Omitted] 8.6

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Kronos Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser Buyer and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing; provided, however, such final adjustment shall be made by the date which is three (3) months after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (X Rite Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.14.5, then Purchaser Buyer and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Real Estate Sales Agreement (National Commerce Corp)

Final Adjustment After Closing. If final bills are not available or cancan not be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tejas Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate adjust the proration of such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the ClosingClosing when such bills are available. Payments due in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations shall survive the Closing; provided, that all prorations will be final within two hundred forty (240) days after Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hines Real Estate Investment Trust Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, including Taxes, then Purchaser and Seller Sellers agree to allocate reprorate such items on a fair and equitable basis based upon final bills as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the ClosingClosing but in any event by the end of the calendar year in which Closing occurs. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. All such rights and obligations of this Section 8.3 shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Preferred Apartment Communities Inc)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.10 or if the parties find that an error has been made with respect to the prorations performed at Closing, then then, in either case, Purchaser and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plymouth Industrial REIT Inc.)

Final Adjustment After Closing. If final bills are not available or cannot be issued prior to Closing for any item being prorated under Section 8.1, then Purchaser Buyer and Seller agree to allocate such items on a fair and equitable basis as soon as such bills are available, final adjustment to be made as soon as reasonably possible after the Closing; provided, however, such final adjustment shall be made by the date which is 6 months after the Closing. Payments in connection with the final adjustment shall be due within thirty (30) 30 days of written notice. All such rights and obligations shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (KBS Real Estate Investment Trust, Inc.)

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