Buyer’s Election. If Seller is unable to satisfy all of Seller’s obligations as set forth in this Agreement, Buyer shall have the right to elect, in its sole discretion, at the Closing, to accept such title as Seller can deliver to the Property in its then condition and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such title for such price.
Buyer’s Election. If Seller is unable to satisfy any of the conditions under Section 9.01 hereof which is in the control of Seller, Buyer shall have the right to elect, in its sole discretion, at the Closing, either to waive such condition or conditions and to accept the Partnership Interests subject to such unfulfilled obligations and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such Partnership Interests for such price, or to terminate this Agreement and receive the return of the Deposit. Buyer agrees that Seller’s failure to satisfy any of the conditions set forth in Sections 9.01(d), 9.01(e), 9.01(f) or 9.01(h) hereof shall only give rise to the election by Buyer under this Section 12.01 and shall not be deemed a default by Seller under Section 12.02 hereof.
Buyer’s Election. Buyer must elect one of the following options and give written notice to Seller of such election within (i) fifteen (15) days after the insurance adjuster's written determination in the case of a Casualty, or (ii) thirty (30) days after Buyer's receipt of Seller's notice of Condemnation in the case of a Condemnation:
Buyer’s Election. The Buyer shall have the right, in its sole discretion, to elect to purchase no less than US$[ ] million worth of Shares or Company Class A Ordinary Shares under either Section 1.01 or Section 1.02.
Buyer’s Election. Buyer hereby initials the applicable statement of the following: [initial here] Buyer elects to obtain Buyer’s Loan from the Preferred Lender; OR [initial here] Buyer elects to obtain Buyer’s Loan from (‘Buyer’s Lender”) subject to the provisions of clause (b) below; OR [initial here] Buyer will not require third-party financing in order to purchase the Property and hereby represents to Seller that Buyer now owns and holds sufficient cash, and will continue to own and hold the same, in order to pay the Total Purchase Price and other fees and costs for which Buyer is liable in cash at close of Escrow. If Buyer is unable to provide to Seller evidence satisfactory to Seller of such cash holdings within three (3) business days of the Acceptance Date, then this Agreement shall terminate automatically and shall be null and void without any further notice or demand on the part of Seller.
Buyer’s Election. 19 12.2. Seller's Default........................................19
Buyer’s Election. The BUYER shall have the election, at either the original TO ACCEPT TITLE or any extended time for performance, to accept such title as the SELLER can deliver to the Premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title.
Buyer’s Election. At Industrialex's election, Industrialex, the Company, and the Shareholders agree to make an election under Section 338(h)(10) of the Code (and any corresponding elections under state, local, or foreign tax law) (collectively, a "Section 338(h)(10) Election") with respect to the transactions contemplated by this Agreement.
Buyer’s Election in its sole and absolute discretion, not to make a Margin Call at any time there is a Margin Deficit shall not in any way limit or impair its right to make a Margin Call at any time a Margin Deficit exists.
Buyer’s Election. If Seller is unable to give title or to make conveyance. or to satisfy all of Seller's closing obligations as set forth in this Agreement, Buyer shall notify Seller in writing on or prior to Closing specifying in detail the nature of Seller's default. Seller, in its sole discretion, may, but shall not be obligated to, extend the Closing for a period not to exceed thirty (30) days during which period Seller may attempt to cure any such default described in Buyer's notice. If Seller either elects, in its sole discretion, not to attempt to cure such default or Seller extends the Closing but is unable to cure such default, Buyer shall have the right to elect, in its sole discretion, at the Closing or the extended Closing, if applicable, to accept such title as Seller can deliver to the Property in its then condition and to pay therefor the Purchase Price without reduction or offset, in which case Seller shall convey such title for such price. ;
