Seller’s Reply definition
Examples of Seller’s Reply in a sentence
However, if Seller is unwilling or unable to cure Purchaser’s objections as indicated in Seller’s Reply, then Purchaser, within seven (7) days of the receipt of Seller’s Reply, may elect to either (a) terminate this Agreement and receive a refund of the Escrow Deposit, or (b) proceed with the Closing without any reduction in the Purchase Price.
A Sale may then be concluded by ADESA in accordance with the instructions contained in the Seller’s Reply without further reference to the Seller.
Seller shall be obligated to cure, at or prior to Closing, any After-Occurring Encumbrance that is caused or permitted by Seller, otherwise, the provisions of Section 2.02 shall apply to any amendment by Purchaser of its Title Notice to reflect After-Occurring Encumbrances as well as to Seller’s obligation to provide a Seller’s Reply Notice with respect to such amendment.
Where the Offer to Purchase is less than the Reserve Price, or where the Seller has not set a Reserve Price, ADESA shall (via telephone, email or other agreed electronic means including via the Services (application/Website)) inform the Seller of the Offers to Purchase received in respect of the Vehicle, and a Sale to a Buyer will be concluded by ADESA after receipt of, and in accordance with, the Seller’s Reply.
In the event that Seller fails to provide a Seller’s Reply Notice within such ten (10)-day period, Seller shall be deemed to have agreed not to cure any of such title or Survey matters set forth in the Title Notice.
ADESA may in its absolute discretion inform the Seller of Offers to Purchase which are below the Reserve Price/Fixed Price and the Seller may consider such offers and provide a Seller’s Reply which may be an Acceptance, refusal or counter offer in respect of such Offers to Purchase below the Reserve Price/Fixed Price.
Seller shall be obligated to comply with the terms of Seller’s Reply and Seller’s Response with respect to the Title Commitment; provided, however, Seller has disclosed to Purchaser that Seller has not caused the filtration units and filter inserts at the Property to be inspected and maintained in accordance with the Master Covenant and Agreement Regarding On-Site BMP Maintenance recorded as against the Property on December 14, 2004 as Document 04 3220985 (“BMP Maintenance Covenant”).
Purchaser issued a response letter dated July 29, 2009 (“Purchaser’s Revised Notice”, a copy of which is attached hereto as Exhibit E-3) setting forth Purchaser’s remaining Unpermitted Exceptions (“Purchaser’s Updated Title Objections”) based upon Seller’s Reply and the Title Commitment.
Subject to Purchaser’s rights under ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇ has approved all of the title exceptions set forth in Schedule B of the Title Commitment as described in subparagraph (iii) above as modified by Purchaser’s Notice, Purchaser’s Revised Notice, Seller’s Reply and Seller’s Response and agrees, subject to Purchaser’s rights under Paragraph 20 hereof, to take title to the Property subject to those Unpermitted Exceptions as modified by Seller’s Reply and Seller’s Response.