Common use of Seller Conditions Clause in Contracts

Seller Conditions. Seller's obligation to sell each Aircraft to Purchaser shall be subject to fulfilment of the Seller Conditions Precedent on or before the Final Delivery Date for such Aircraft (except to the extent that Seller agrees in writing in its absolute discretion to waive or defer any such condition). The Seller Conditions Precedent have been inserted for Seller's benefit and may be waived in writing, in whole or in part and with or without conditions, by Seller. If any of the Seller Conditions Precedent for any Aircraft remain outstanding on the Final Delivery Date for such Aircraft and are not waived or deferred in writing by Seller, Seller may at any time after close of business in New York on the Final Delivery Date for such Aircraft terminate its obligation to sell such Aircraft by notice to Purchaser, whereupon the rights and obligations of the parties hereunder with respect to such Aircraft shall cease and be discharged without further liability on the part of either Seller or Purchaser (except that Seller and Purchaser shall cooperate as may be necessary to cause a portion of the Deposit equal to [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] for each relevant Aircraft to be returned to Purchaser by the Escrow Company).

Appears in 2 contracts

Samples: Aircraft Sale (Global Aircraft Solutions, Inc.), Aircraft Sale & Purchase Agreement (Global Aircraft Solutions, Inc.)

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Seller Conditions. Seller's obligation to sell each the Aircraft to Purchaser shall be subject to fulfilment of the Seller Conditions Precedent on or before the Final Delivery Date for such Aircraft (except to the extent that Seller agrees in writing in its absolute discretion to waive or defer any such condition). The Seller Conditions Precedent have been inserted for Seller's benefit and may be waived in writing, in whole or in part and with or without conditions, by SellerSeller without prejudicing its right to receive fulfilment of such conditions, in whole or in part, at any later time. If any of the Seller Conditions Precedent for any Aircraft remain outstanding on the Final Delivery Date for such Aircraft and are not waived or deferred in writing by Seller, Seller may at any time after close of business in New York on the Final Delivery Date for such Aircraft terminate its obligation to sell such the Aircraft by notice to Purchaser, whereupon the rights and obligations of the parties hereunder with respect to such Aircraft shall cease and be discharged without further liability on the part of either Seller or Purchaser (except that Seller and Purchaser shall cooperate as may be necessary to cause a portion of the Deposit equal to [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] for each relevant Aircraft to be returned to Purchaser by the Escrow Company)Purchaser.

Appears in 2 contracts

Samples: Execution Version (Global Aircraft Solutions, Inc.), Aircraft Sale (Global Aircraft Solutions, Inc.)

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Seller Conditions. Seller's ’s obligation to sell each the Aircraft to Purchaser shall be subject to fulfilment of the Seller Conditions Precedent on or before the Final Delivery Date for such Aircraft (except to the extent that Seller agrees in writing in its absolute discretion to waive or defer any such condition). The Seller Conditions Precedent have been inserted for Seller's ’s benefit and may be waived in writing, in whole or in part and with or without conditions, by SellerSeller without prejudicing its right to receive fulfilment of such conditions, in whole or in part, at any later time. If any of the Seller Conditions Precedent for any Aircraft remain outstanding on the Final Delivery Date for such Aircraft and are not waived or deferred in writing by Seller, Seller may at any time after close of business in New York on the Final Delivery Date for such Aircraft terminate its obligation to sell such the Aircraft by notice to Purchaser, whereupon . Whereupon the rights and obligations of the parties hereunder with respect to such Aircraft shall cease and be discharged without further liability on the part of either Seller or Purchaser (except Purchaser, save that where the failure to provide the Seller and Purchaser shall cooperate as may be necessary to cause a portion Conditions Precedent occurs through no fault of the Purchaser Seller shall refund the Purchaser Deposit equal to [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] for each relevant Aircraft to be returned to Purchaser by the Escrow Company)within five (5) Business Days of such notice.

Appears in 1 contract

Samples: Aircraft Sale & Purchase Agreement (Air T Inc)

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