Rejected Sites. Purchaser identified Sites #326, #1084, #1338 and #1356 as Rejected Sites. Purchaser stated the Inspection Defect for Sites #326, #1084, and #1356 to be “insufficient dealer security under Land Contract.” Purchaser stated the Inspection Defect for Site #1338 to be “Land Contract has matured and dealer is in default. Potential claim asserted by attorney for dealer.” Notwithstanding anything to the contrary in the Asset Purchase Agreement (including but not limited to the Seller’s right to cure Inspection Defects set forth in section 1.4(a)), (i) the Asset Purchase Agreement is hereby amended to exclude all Assets associated with Sites #326, #1084, #1338 and #1356; and (ii) the purchase prices allocated to Sites #326, #1084, #1338 and #1356 on Schedule 1.3(a) shall be reduced to $0.00 (an aggregate $8,810,848 reduction) resulting in a corresponding $8,810.848 reduction of the total Purchase Price set forth in Section 1.3(a) and an aggregate reduction of $6,743,702 to the amount allocated to Land Contracts/Promissory Note on Schedule 1.3(d) and an aggregate reduction of $2,067,145 to the amount allocated to Supply Contracts on Schedule 1.3(d).
Rejected Sites. (1) At least 15 days prior to Closing, CCIC and Buyer shall provide notice to Powertel and Sellers as to whether Buyer desires to purchase any Assets that are Defective Sites or Incomplete Sites; any such sites which Buyer desires to purchase shall be deemed to be Accepted Sites and shall be deemed to be removed from Schedule 1.2 or 1.3, as the case may be, and added to Schedule 1.1, and the Closing Certificate may be modified by Powertel and Sellers to qualify or omit the representations and warranties of Powertel and the Sellers with respect to the applicable Defect with no adjustment to the Purchase Price. Such sites shall be transferred and conveyed at the Closing subject to both the Defect and the Permitted Encumbrances. (Notwithstanding any notice to Powertel and Sellers that Buyer desires to purchase any Assets that are Defective Sites or Incomplete Sites, for a period of five days after its receipt of such notice, Powertel and Sellers shall have the right to notify CCIC and Buyer that they have elected to not sell a site (i) which contains, or which Powertel and Sellers reasonably believe may contain, an Environmental Condition that Powertel and Sellers desire to correct at their cost, or (ii) in the case of a failure to obtain a Required Consent or other material consent or otherwise if in Powertel's and Sellers' reasonable judgment such Defect would adversely affect under the Master Lease Powertel's or Sellers' use, occupancy or operation of the Defective Site in any material way; any such site not sold shall be deemed to be a Rejected Site. CCIC and Buyer shall have the right to dispute in good faith an election by Powertel and Sellers to not sell a site for one of such reasons and to invoke the procedures described in Section 10.2 of this Agreement.)
Rejected Sites. (a) At least thirty (30) days prior to Closing, ATLP shall provide notice to Target and Target Stockholder as to whether ATLP desires to purchase any Target Assets that are Defective Sites; any such sites which ATLP desires to purchase shall be deemed to be accepted by ATLP ("Accepted Sites") and shall be deemed to be removed from the adjustments to the Purchase Price in Section 3.1(a), and the certificate to be delivered by Target and the Target Stockholder pursuant to Section 8.2(c) may be modified by Target and the Target Stockholder to qualify or omit the representations and warranties of Target and the Target Stockholder with respect to the applicable Defect, with no adjustment to the Purchase Price. Such Accepted Sites shall be transferred and conveyed at the Closing subject to both the applicable Defect and any Permitted Liens.
Rejected Sites. If any Site proposed by Consultant for the Construction of a Restaurant is rejected by Owner, such Site may be developed, owned and operated by Consultant, an Affiliate of Consultant or a franchisee of an Affiliate of Consultant, notwithstanding any provision of this Agreement, the Development Agreement or the Management Agreement. If any Site proposed by Owner for the Construction of a Restaurant is rejected by Consultant, such Site shall not be developed as a Restaurant.
Rejected Sites. The parties hereto acknowledge and agree that the -------------- following Tower Sites are Rejected Sites under the Agreement: (i) Pine Mountain (I-GA-072-0008); (ii) Greenway (A-GA-060-0023); (iii) U.S. 278 (J-GA-025-998); (iv) Prattville (B-AL-001-149); (v) Shiloh (N0581); (vi) Heck Road (AN0017A); and (vii) Temple (AS0329C).
Rejected Sites. At Closing, the aggregate value of the Sites and Supply Sites transferred shall constitute at least 70% of the Purchase Price allocated to the Sites and Supply Sites on Schedule 1.3(a).
