Common use of Failure of Conditions Precedent Clause in Contracts

Failure of Conditions Precedent. If any of the conditions precedent stated in Article 6 have not occurred or been satisfied on or before the Date of Closing, Purchaser or Seller may: (a) terminate this Agreement by written notice to the appropriate party on or before the Date of Closing, in which event the appropriate party shall be entitled to receive disbursement of the Deposit or (b) to waive such conditions precedent and proceed to Closing.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Heritage Insurance Holdings, LLC), Purchase and Sale Agreement (Heritage Insurance Holdings, LLC)

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Failure of Conditions Precedent. If any of the conditions precedent stated in Article 6 have not occurred or been satisfied on or before the Date of ClosingClosing Date, Purchaser or Seller may: (a) terminate this Agreement by written notice to the appropriate party on or before the Date of ClosingClosing Date, in which event the appropriate party shall be entitled to receive disbursement of the Deposit Deposit, or (b) to waive such conditions precedent and proceed to Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (TNP Strategic Retail Trust, Inc.)

Failure of Conditions Precedent. If any of the conditions precedent stated in Article 6 have not occurred or been satisfied on or before the Date of ClosingClosing Date, Purchaser or Seller Seller, as applicable, may: (a) terminate this Agreement by written notice to the appropriate party on or before the Date of ClosingClosing Date, in which event the appropriate party shall be entitled to receive disbursement of the Deposit Deposit, or (b) to waive such conditions precedent and proceed to Closing; provided that if the failure to satisfy a condition arises from a default by a party hereto, the other party may pursue its rights under Section 10.2 or 10.3, as applicable.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ideanomics, Inc.)

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Failure of Conditions Precedent. If any of the conditions precedent stated in Article 6 have not occurred or been satisfied on or before the Date of Closing, Purchaser or Seller may: (a) terminate this Agreement by written notice to the appropriate party on or before the Date of Closing, in which event the appropriate party shall be entitled to receive disbursement a full refund of the Deposit or (b) to waive such conditions precedent and proceed to Closing.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (KBS Strategic Opportunity REIT, Inc.)

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