Conditions Precedent to the Obligation of Seller to Close. The obligation of the Seller to close pursuant to the terms of this Agreement is subject to the satisfaction, on or prior to the Closing, of each of the following conditions, unless waived by Seller in writing:
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:
Conditions Precedent to the Obligation of Seller to Close. 9 9.01 Representations, Warranties and Covenants 9
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell the applicable Aircraft pursuant to this Agreement is subject to the fulfillment on or prior to the applicable Closing of the following conditions, any one or more of which may be waived by it in writing:
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to assign the Assigned Property to Purchaser pursuant to this Agreement and the Purchase Agreement Assignment is subject to the fulfillment on or prior to Delivery of the following conditions, any one or more of which may be waived by Seller in writing:
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell the Property or to otherwise effect the transactions contemplated by this Agreement on the Closing Date is subject, at the option of Seller, to the satisfaction or fulfillment, on or prior to the Closing Date, of all the following conditions precedent to the Closing.
Conditions Precedent to the Obligation of Seller to Close. 23 8.1 Accuracy of Representations and Warranties. 23 TABLE OF CONTENTS (cont’d) Page 8.2 Performance of Agreements 24 8.3 Delivery of Closing Documents. 24 ARTICLE IX CLOSING 24 9.1 Closing Date and Place. 24 9.2 Deliveries of Seller 24 9.3 Deliveries of Buyer 26 9.4 Closing Costs 26 ARTICLE X INDEMNIFICATION 26 10.1 General 26 10.2 Indemnification by Seller 27 10.3 Indemnification by Buyer 27 10.4 Administration of Indemnification 27 ARTICLE XI DEFAULT AND TERMINATION 29 11.1 Right of Termination 29 11.2 Remedies upon Default. 29 11.3 Specific Performance 30 11.4 Obligations Upon Termination 30 11.5 Termination Notice 30 11.6 Sole and Exclusive Remedy 30 ARTICLE XII MISCELLANEOUS 31 12.1 Further Actions 31 12.2 Notices 31 12.3 Entire Agreement 32 12.4 Binding Effect; Benefits 32 12.5 Assignment 32 12.6 Governing Law 32 12.7 Amendments and Waivers 33 12.8 Joint and Several 33 12.9 Severability 33 12.10 Headings 33 12.11 Counterparts 33 12.12 References 33 12.13 Seller Disclosure Letter 33 12.14 Attorneys’ Fees 33 12.15 Section 1031 Exchange/Tax Planning 34 12.16 Casualty 34 12.17 Condemnation 34 12.18 Radon Gas 35 12.19 Limited Liability 35 12.20 Survival of Defined Terms 35 12.21 Time of Essence 35 TABLE OF CONTENTS (cont’d) Page
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell the EX-L Assets and the obligation of Seller to take such other actions required to be taken by Seller at the Closing are subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by Seller in whole or in part):
Conditions Precedent to the Obligation of Seller to Close. The obligations of the Seller to sell the Shares shall be subject to the following conditions precedent:
Conditions Precedent to the Obligation of Seller to Close. 27 8.1 Accuracy of Representations and Warranties 27 8.2 Performance of Agreements 27 8.3 Delivery of Closing Documents 27
