Objections to Title. Up until the date that is thirty (30) days from the receipt of a Title Commitment and copies of all material underlying title documents, together with Purchaser’s receipt of and opportunity to inspect such maps, surveys and diagrams of the Titled Properties as are in Seller’s (or its Subsidiaries’) possession and the applicable Express Maps (or the survey, in the case of the Chillicothe Distribution Center) (the “Title Review Period”), Purchaser shall have the right to object to any matter set forth in a Title Commitment which is not a Permitted Exception, by giving written notice to Seller of Purchaser’s objection and the basis (in reasonable detail) for Purchaser’s position that such matter is not a Permitted Exception (any such matter that is not a Permitted Exception, a “Title Defect”). Purchaser shall also have the right to object to any title exceptions created or suffered by Seller (or its Subsidiaries), or first made known to Purchaser, between the date of the applicable Title Commitment obtained by Purchaser and the date of Closing, which is not a Permitted Exception, by written notice to Seller on or before the Closing Date. Purchaser shall not be entitled to object to any Liens or other title exceptions (and the same shall not constitute Title Defects or any breach of Seller’s representations hereunder, but shall instead be deemed to be Permitted Exceptions) (i) over which the Title Company is willing to insure (without additional cost to Purchaser or where Seller elects to pay such cost for Purchaser’s account), (ii) against which the Title Company is willing to provide affirmative insurance (without additional cost to Purchaser or where Seller elects to pay such cost for Purchaser’s account), or (iii) which will be extinguished upon the transfer of the Property. Seller shall have the right, but not the obligation, to cure or remove at or prior to Closing, any Title Defects; provided, however, that Seller will cause any deed to secure debt, any deed of trust, any mortgage or any monetary lien encumbering any Titled Property to be satisfied or otherwise released on or before the Closing. In the event that a Title Defect exists and Purchaser gives a timely notice of objection to such Title Defect and Seller fails to cure or remove such exception at or prior to Closing, Purchaser shall have the rights set forth in Section 6.12 hereof (with respect to the Timberlands), in addition to any other applicable rights set forth in this Agreement.
Objections to Title. If Buyer raises a valid written objection to Seller’s title which indicates that the title to the property is unmarketable, Seller may cancel this contract by giving prompt written notice of cancellation to Buyer and Xxxxx’s deposit shall be returned. However, if Xxxxxx is able to cure the title objection on or before the closing date, or if the title objection is insurable and Xxxxx is willing to accept insurable title, then this contract shall continue in force until the closing date, subject to the Seller curing the title objection and/or providing insurable title at Seller’s expense. If Seller fails to cure the title objection on or before the closing date, or, if Buyer is unwilling to accept insurable title, Buyer may cancel this contract by giving prompt written notice of cancellation to Seller and Xxxxx’s deposit shall be returned.
Objections to Title. (a) The obligation of the Surviving Partnership to execute or file the Certificate of Merger is conditioned upon the ability of the Surviving Partnership to obtain title insurance with respect to the Property insuring that, as of the Effective Date, title to the Property is not subject to any liens, encumbrances or other title objections other than the lien of the mortgage securing the Existing Loan, any apartment leases for tenants of the Property and the title exceptions identified in EXHIBIT H attached hereto.
Objections to Title. 9.1 Any objections to or requisitions on the title to the lots which the Purchaser shall be entitled to make, must be stated in writing to the Vendor's solicitors within five (5) working days from the date the Vendor or it’s solicitor notifies the Purchaser or their solicitor of the issue of the title to the lot (time being essential) and in default thereof the same shall be held to be waived and the title to have been absolutely accepted by the Purchaser. In the event of the Vendor being unable or unwilling to remove or comply with any objections or requisitions properly made the Vendor shall be at liberty notwithstanding any intermediate negotiations by notice in writing to the Purchaser to cancel the Agreement in which case the Purchaser shall receive back all moneys paid to the Vendor in accordance with the terms hereof (excluding any interest) but shall have no other claim whatsoever on the Vendor for the expense of investigating the title or for compensation or for any other payment whatsoever.
Objections to Title. Failure of Seller or Purchaser to Perform and Xxxxxx's Lien
Objections to Title. If BUYER raises and delivers to SELLER a valid written objection to SELLER’S title that the title to the property is unmarketable, SELLER shall have five business days to notify BUYER that SELLER will either cure the objection prior to closing or that SELLER is unable or unwilling to cure said objection. In the event SELLER notifies BUYER that SELLER is unable or unwilling to cure said objection, BUYER shall have five days to cancel this agreement upon notice to SELLER and this agreement shall thereupon be deemed canceled, null and void, and all deposits made hereunder shall be returned to BUYER. In the event that BUYER fails to notify SELLER within five business days of receipt of SELLER’S notice that he/she will not cure, BUYER shall be deemed to have waived his/her right to cancel this agreement as a result of said objection to SELLER’S title.
Objections to Title. Failure of Seller or Purchaser to Perform and Vendee’s Lien
Objections to Title. Purchaser shall have until the later of (a) ten (10) business days from and after its receipt of the Title Commitment (and copies of all recorded documents listed in the Title Commitment) or (b) sixty (60) days after the Effective Date, to approve or object to the condition of title disclosed in the Title Commitment or matters of Survey. Purchaser's approval of title and Survey shall be a condition precedent to Purchaser's obligation to close the transaction contemplated by this Agreement, which condition Purchaser reserves the right to waive. If objection to the title or Survey is made, based upon a written opinion of Purchaser, that title or Survey is not in a condition satisfactory to Purchaser, Purchaser, at its option, may either terminate this Agreement and receive back the entire Deposit or give Seller thirty (30) business days from the date it is notified in writing of the particular defects claimed, either (i) to remedy the title or Survey, or (ii) to obtain title insurance as required above, or (iii) to refund the Deposit in full termination of this Agreement, if unable to remedy the title or Survey or obtain title insurance. If the Seller remedies the title or Survey or shall obtain a Title Commitment acceptable to Purchaser within the time specified, and upon waiver or satisfaction of the conditions contained in Xxxxxxxxx 0, Xxxxxxxxx agrees to complete the sale and if Seller is unable to remedy the title or Survey or obtain title insurance within the time specified, the Deposit shall be refunded forthwith in full termination of this Agreement. If Purchaser makes no written objections to Seller within the later of: (a) ten (10) business days after receipt of the last of the Title Commitment and copies of all recorded documents listed in the Title Commitment or (b) sixty (60) days after the Effective Date, Purchaser shall be deemed to have accepted the condition of title disclosed in the Title Commitment and matters of Survey and waived its rights to object to the condition of title and to object to the matters of Survey. Notwithstanding the foregoing, Purchaser, at its sole option, may waive any objections to title and Survey, in writing, and in such event, Purchaser and Seller shall proceed to complete this transaction according to the terms of this Agreement, subject to satisfaction or waiver of all of Purchaser's other conditions precedent contained herein.
Objections to Title. (a) Within five (5) days after the Effective Date, Purchaser will request that Title Company furnish to Purchaser at Purchasers’ expense an ALTA title insurance commitment bearing an effective date subsequent to the date of this Agreement issued by the Title Company covering the Real Property, binding the Title Company to issue a policy of title insurance with standard exceptions, in form approved for use in the State of South Carolina, in favor of Purchaser together with the best available copies of all documents (collectively, the “Title Exception Documents”) identified in such title insurance commitment as exceptions to title (collectively the “Title Commitment”). No later than four (4) business days prior to the expiration of the Due Diligence Period, Purchaser shall notify Seller of any matters identified in the Title Commitment that Purchaser is unwilling to accept (collectively, “Purchaser’s Objections”).
Objections to Title. Purchaser shall have until thirty (30) days after the Effective Date (such date is the “Objection Date”), time being of the essence, to deliver to Seller written notice (the “Objection Notice”) specifying any item or items (other than the Permitted Exceptions) in the Title Commitment, as the case may be, to which Purchaser objects (any such item, an “Objection”). Permitted Exceptions shall not be Objections. If Purchaser fails to deliver an Objection Notice by the Objection Date, then Purchaser shall be deemed to have waived its right to object to any liens, encumbrances, or other matters appearing on the Title Commitment, and the same shall not be deemed Objections and shall be deemed Permitted Exceptions. If Purchaser delivers such Objection Notice by the Objection Date, any lien, encumbrance or other matter appearing on the Title Commitment which is not objected to in such Objection Notice shall not constitute an Objection and shall be deemed a Permitted Exception.
