Approval by Buyer. Buyer shall have the right to review and approve, in its sole, absolute and subjective discretion, during the Term all aspects of the Property, including but not limited to, (i) the Due Diligence Materials, (ii) the physical and environmental condition of the Real Property, including, without limitation, the condition of the Improvements, the condition of the soil at the Real Property, the condition of the ground water at the Real Property, and the presence or absence of any hazardous materials at the Real Property, (iii) the financial condition of the Property, including, without limitation, the feasibility, convertibility, desirability and suitability of the Property for Buyer's intended use and purposes, (iv) the legal condition of the Property, including, without limitation, the Property's compliance or non-compliance with all statutes, ordinances, codes, regulations, decrees, orders and laws applicable to the Property, (v) the Service Contracts, if any, being assumed by Buyer, (vi) the existence or non-existence of any governmental or quasi-governmental entitlements, if any, affecting the Property or any portion of the Property, (vii) any dimensions or specifications of the Real Property or any part thereof, (viii) the zoning, building and land use restrictions applicable to the Real Property or any portion thereof, (ix) the Estoppel Certificates, and (x) all other matters which Buyer deems relevant to its purchase of the Property. In the event that Buyer elects to exercise the Option in accordance with the provisions of Section 1.4, Buyer shall be deemed to have approved all aspects of the Property, including, without limitation, the matters summarized in this Section 7.8. The deemed approval by Buyer pursuant to the provisions of this Section 7.8, shall not be construed to lessen or otherwise modify Seller's obligations pursuant to Seller's representations and warranties as set forth in Section 12.2. If Buyer elects not to timely exercise the Option, then as provided in Section 1.5, this Agreement shall terminate, all rights and obligations hereunder of each party shall be at an end (except those matters which are specifically stated in this Agreement to survive the termination), and each party shall bear its own costs incurred hereunder. Notwithstanding the failure of Buyer to timely exercise the Option, the Option Payment shall be retained by Seller, except as otherwise provided in this Agreement. If Buyer timely exercises the Option, in accordanc...
Approval by Buyer. Buyer shall have, on a timely basis approved or waived the conditions to Buyer’s performance, as described in Article 5 above.
Approval by Buyer. Within the period specified hereinbelow for each condition precedent, Buyer shall give written notice to Seller and Escrow Holder stating, with respect to each such condition precedent, whether, in Buyer’s sole and absolute discretion, such condition is approved or disapproved by Buyer or is waived by Buyer. With respect to any such condition which is not approved by Buyer and would be reasonably susceptible to cure by Seller, Buyer shall specify in such notice in reasonable detail the reason therefor. In the event that Buyer fails timely to give such notice with respect to any such condition, such condition shall be deemed to be satisfied.
Approval by Buyer. Issuer shall promptly forward to Buyer, and Buyer shall promptly review and consult with Issuer regarding all term sheets, draft commitment letters and draft financing documents regarding the Loan. So long as any such document is (i) from a Lender which is not a party to any of the Contracts or any future contract pursuant to which Issuer obtains the use of rights of way for optical fiber, and (ii) is on terms which are either substantially the some or more favorable to Issuer than those in the term sheet attached as Schedule 3.4(c), Issuer may execute a non-binding commitment letter without Buyer's consent, so long as it forwards a copy to Buyer immediately after execution. Any deviation from either (i) or (ii) above shall require Buyer's prior written consent, which Buyer may withhold in its sole and absolute discretion.
Approval by Buyer. All actions, proceedings, instruments and documents required to perform this Agreement or incident thereto, and all other legal matters (including assurances as to the due organization, existence, good standing, corporate power and qualification to do business of Seller; the authorization, power and authority of Seller to execute, deliver and perform this Agreement; the absence of any violation by Seller of its articles of incorporation, by-laws or contractual obligations or its violation of any applicable laws, regulations or orders; and the absence of any litigation involving Seller with respect to the Restaurants), shall have been approved by Buyer and its counsel, which approval shall not be unreasonably withheld.
Approval by Buyer. Buyer shall have the right to review and approve, in its sole, absolute and subjective discretion, during the Term all aspects of the Property, including but not limited to, (i) the Due Diligence Materials, (ii) the physical and environmental condition of the Real Property, including, without limitation, the condition of the Improvements, the condition of the soil at the Real Property, the condition of the ground water at the Real Property, and the presence or absence of any hazardous materials at the Real Property, (iii) the financial condition of the Property, including, without limitation, the feasibility, convertibility, desirability and suitability of the Property for Buyer's intended use and purposes, (iv) the legal condition of the Property, including, without limitation, the Property's compliance or non-compliance with all statutes, ordinances, codes, regulations, decrees, orders and laws applicable to the Property, (v) the Service Contracts, if any, being assumed by Buyer, (vi) the existence or non-existence of any governmental or quasi-governmental entitlements, if any, affecting the Property or any portion of the Property, (vii) any dimensions or specifications of the Real Property or any part thereof, (viii) the zoning, building and land use restrictions applicable to the Real Property or any portion thereof, (ix) the Estoppel Certificates, and (x) all other matters which Buyer deems relevant to its purchase of the Property. In the
