Common use of Simultaneous Closing Clause in Contracts

Simultaneous Closing. Subject to the provisions of SECTION -------------------- 4.1.9, in respect to the termination of the 2525 Agreement and the Tract A Agreement, the Closing of the transaction contemplated hereby shall be contingent upon the simultaneous closing of the Additional Properties pursuant to the terms and conditions of the Additional Property Agreements. Notwithstanding the foregoing, in the event (a) any of the Additional Property Agreements are terminated as a result of a Seller default, or in accordance with ARTICLE IX of the Additional Property Agreements, Buyer shall have the option, in its sole discretion, to terminate this Agreement and the Xxxxxxx Money shall be returned to Buyer or Buyer may waive the simultaneous closing condition and consummate the transaction contemplated herein and (b) the Tract A Agreement or the 2525 Agreement is terminated by Buyer or applicable Other Seller pursuant to SECTION 2.1(c) thereof, Buyer shall have the right to terminate this Agreement, in its sole discretion, in which event the Xxxxxxx Money shall be returned to Buyer or Buyer may consummate the transaction contemplated herein without regard to such termination.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md), Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

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Simultaneous Closing. Subject to the provisions of SECTION -------------------- 4.1.9, in respect to the termination of the 2525 Agreement and the Tract A Agreement, the The Closing of the transaction contemplated hereby shall be contingent -------------------- upon the simultaneous closing of the Additional Properties Properties, pursuant to the terms and conditions of the Additional Property Agreements. Notwithstanding the foregoing, in the event (a) any of the Additional Property Agreements are terminated as a result of a Seller default, or in accordance with ARTICLE IX of the Additional Property Agreements, Buyer shall have the option, in its sole discretion, to terminate this Agreement and the Xxxxxxx Money shall be returned to Buyer or Buyer may waive the simultaneous closing condition and consummate the transaction contemplated herein and (b) the Tract A Agreement or the 2525 Agreement is terminated by Buyer or applicable Other Seller Xxxxxx Investors pursuant to SECTION 2.1(c) thereof, Buyer shall have the right to terminate this Agreement, in its sole discretion, in which event the Xxxxxxx Money shall be returned to Buyer or Buyer may consummate the transaction contemplated herein without regard to such termination.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

Simultaneous Closing. Subject to the provisions of SECTION -------------------- 4.1.9, in respect to the termination of the 2525 Agreement and the Tract A Agreement, the Closing of the transaction contemplated hereby shall be contingent upon the simultaneous closing of the Additional Properties pursuant to the terms and conditions of the Additional Property Agreements. Notwithstanding the foregoing, in the event (a) any of the Additional Property Agreements are terminated as a result of a Seller default, or in accordance with ARTICLE IX of the Additional Property Agreements, Buyer shall have the option, in its sole discretion, to terminate this Agreement and the Xxxxxxx Money shall be returned to Buyer or Buyer may waive the simultaneous closing condition and consummate the transaction contemplated herein and (b) the Tract A Agreement or the 2525 Agreement is terminated by Buyer or applicable Other Seller pursuant to SECTION 2.1(c2.1(C) thereof, Buyer shall have the right to terminate this Agreement, in its sole discretion, in which event the Xxxxxxx Money shall be returned to Buyer or Buyer may consummate the transaction contemplated herein without regard to such termination.

Appears in 1 contract

Samples: Agreement of Purchase (Prentiss Properties Trust/Md)

Simultaneous Closing. Subject to the provisions of -------------------- SECTION -------------------- 4.1.9, in respect to the termination of the 2525 Agreement and the Tract A Agreement, the Closing of the transaction contemplated hereby shall be contingent upon the simultaneous closing of the Additional Properties pursuant to the terms and conditions of the Additional Property Agreements. Notwithstanding the foregoing, in the event (a) any of the Additional Property Agreements are terminated as a result of a Seller default, or in accordance with ARTICLE IX of the Additional Property Agreements, Buyer shall have the option, in its sole discretion, to terminate this Agreement and the Xxxxxxx Money shall be returned to Buyer or Buyer may waive the simultaneous closing condition and consummate the transaction contemplated herein and (b) the Tract A Agreement or the 2525 Agreement is terminated by Buyer or applicable Other Seller pursuant to SECTION 2.1(c) thereof, Buyer shall have the right to terminate this Agreement, in its sole discretion, in which event the Xxxxxxx Money shall be returned to Buyer or Buyer may consummate the transaction contemplated herein without regard to such termination.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

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Simultaneous Closing. Subject to the provisions of -------------------- SECTION -------------------- 4.1.9, in respect to the termination of the 2525 Agreement and the Tract A Agreement, the Closing of the transaction contemplated hereby shall be contingent upon the simultaneous closing of the Additional Properties pursuant to the terms and conditions of the Additional Property Agreements. Notwithstanding the foregoing, in the event (a) any of the Additional Property Agreements are terminated as a result of a Seller default, or in accordance with ARTICLE IX of the Additional Property Agreements, Buyer shall have the option, in its sole discretion, to terminate this Agreement and the Xxxxxxx Money shall be returned to Buyer or Buyer may waive the simultaneous closing condition and consummate the transaction contemplated herein and (b) the Tract A Agreement or the 2525 Agreement is terminated by Buyer or applicable Other Seller pursuant to SECTION 2.1(c2.1(C) thereof, Buyer shall have the right to terminate this Agreement, in its sole discretion, in which event the Xxxxxxx Money shall be returned to Buyer or Buyer may consummate the transaction contemplated herein without regard to such termination.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

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