Common use of Final Closing Statement Clause in Contracts

Final Closing Statement. No later than 135 Days after Closing, Buyer shall prepare and deliver to Sellers a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on Buyer's post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred and on relevant items of revenue or expense discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers shall be deemed to have accepted the Final Statement as prepared by Buyer, except for such items as to which Sellers specifically object (including the basis for such objection) in a written notice given to Buyer within 30 Days after Buyer delivers the Final Statement to Sellers.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale (Capital Lodging), Domain Name Assignment Agreement (Capital Lodging)

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Final Closing Statement. No later than 135 Days sixty (60) days after Closing, Buyer Purchaser shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on Buyer's the Hotel’s operating reports for the month immediately preceding Closing and the month in which Closing occurred, on Purchaser’s own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on other relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers Seller shall be deemed to have accepted agreed to the Final Statement as prepared by BuyerPurchaser, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer Purchaser (“Seller’s Objection Notice”) within 30 Days sixty (60) days after Buyer Purchaser delivers the Final Statement to SellersSeller (“Seller’s Objection Period”).

Appears in 1 contract

Samples: Purchase and Sale Agreement (IMH Financial Corp)

Final Closing Statement. No later than 135 Days ninety (90) days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the Hotel’s operating reports for the month immediately preceding Closing the month in which Closing occurred, on Buyer's ’s own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers Seller shall be deemed have agreed to have accepted the Final Statement as prepared by Buyer, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer within 30 Days sixty (60) days after Buyer delivers the Final Statement to SellersSeller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Chesapeake Lodging Trust)

Final Closing Statement. No later than 135 Days 90 days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the final bills, the Hotel’s operating reports for the month immediately preceding Closing and the month in which Closing occurred, on Buyer's ’s own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on other relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers The Final Statement shall be deemed to have accepted the Final Statement as prepared by Buyerbinding and conclusive on Buyer and on Seller, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer within 30 Days 60 days after Buyer delivers the Final Statement to SellersSeller, and except for items which by their nature cannot otherwise be determined within such 60 day period, such as Real Estate Taxes.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Chesapeake Lodging Trust)

Final Closing Statement. No later than 135 Days 90 days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final StatementFINAL STATEMENT"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the Hotel's operating reports for the month immediately preceding Closing and the month in which Closing occurred, on Buyer's own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on other relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers The Final Statement shall be deemed to have accepted the Final Statement as prepared by Buyerbinding and conclusive on Buyer and, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer within 30 Days days after Buyer delivers the Final Statement to SellersSeller, on Seller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (CNL Hospitality Properties Inc)

Final Closing Statement. No later than 135 Days one hundred eighty (180) days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the Hotel’s operating reports for the month immediately preceding Closing the month in which Closing occurred, on Buyer's ’s own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers Seller shall be deemed have agreed to have accepted the Final Statement as prepared by Buyer, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer within 30 Days thirty (30) days after Buyer delivers the Final Statement to SellersSeller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Apple REIT Seven, Inc.)

Final Closing Statement. No later than 135 Days 90 days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the Hotel’s operating reports for the month immediately preceding Closing and the month in which Closing occurred, on Buyer's post-’s own post Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on other relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers Seller shall be deemed to have accepted agreed to the Final Statement as prepared by Buyer, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer within 30 Days 60 days after Buyer delivers the Final Statement to SellersSeller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Pebblebrook Hotel Trust)

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Final Closing Statement. No later than 135 Days after Closing, Buyer shall prepare and deliver to Sellers a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on Buyer's ’s post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred and on relevant items of revenue or expense discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers shall be deemed to have accepted the Final Statement as prepared by Buyer, except for such items as to which Sellers specifically object (including the basis for such objection) in a written notice given to Buyer within 30 Days after Buyer delivers the Final Statement to Sellers.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Capital Lodging)

Final Closing Statement. No later than 135 Days ninety (90) days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the Hotel’s operating reports for the month immediately preceding Closing and the month in which Closing occurred, on Buyer's ’s own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on other relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers Seller shall be deemed to have accepted agreed to the Final Statement as prepared by Buyer, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer (“Seller’s Objection Notice”) within 30 Days ninety (90) days after Buyer delivers the Final Statement to SellersSeller (“Seller’s Objection Period”).

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Ashford Hospitality Prime, Inc.)

Final Closing Statement. No later than 135 Days sixty (60) days after Closing, Buyer shall prepare and deliver to Sellers Seller a final Closing statement (the "Final Statement"), which shall correct the estimates and (if necessary) other amounts used in the Preliminary Statement, based on the Hotel’s operating reports for the month immediately preceding Closing the month in which Closing occurred, on Buyer's ’s own post-Closing examination of the books and records of the Hotels for the applicable periods during which Closing occurred Hotel and on relevant items of revenue or expense facts discovered after Closing (including, without limitation, Hotel Payables first identified after Closing). Sellers Seller shall be deemed have agreed to have accepted the Final Statement as prepared by Buyer, except for such items as to which Sellers Seller specifically object (including the basis for such objection) objects in a written notice given to Buyer within 30 Days thirty (30) days after Buyer delivers the Final Statement to SellersSeller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Highland Hospitality Corp)

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