Title Matters; Buyer’s Objections; Seller’s Right to Cure. At least five (5) business days prior to the expiration of the Due Diligence Period, Buyer shall either approve the title exceptions shown on the PTR (which, for purposes hereof, shall include any matters shown on the 2005 Survey, a copy of which is included in the Due Diligence Documents) or notify Seller in writing of Buyer's objection to any title exceptions. If Buyer does not timely provide any such notification, Buyer shall be deemed to have disapproved all title exceptions, this Agreement shall terminate, and the First Deposit shall be returned to Buyer. If Buyer timely provides notice of objections, Seller then shall have three (3) business days in which to notify Buyer whether Seller will remove any such objectionable title exceptions. If Seller does not agree to remove the objectionable title exceptions to Buyer's satisfaction on or at the Closing, Buyer shall have the option to waive such objectionable title exceptions and proceed to Closing, or to terminate this Agreement prior to the end of the Due Diligence Period. If Buyer gives the Approval Notice pursuant to Section 4(h), Buyer shall be deemed to have elected to waive such objectionable title exceptions.

Title Matters; Buyer’s Objections; Seller’s Right to Cure. At Closing, Buyer will accept title to the Property subject to the following matters: (i) the lien for current real property taxes not yet due and payable relating to the period after Closing; (ii) all matters of record, including exceptions listed in the PTR (except as objected to by Buyer and not subsequently waived as provided in this Section 4(e) below); (iii) matters disclosed by the Survey (except as objected to by Buyer and not subsequently waived as provided in this Section 4(e) below); (iv) the rights of the tenant under the Lease (as a tenant only); (v) zoning regulations and ordinances, building restrictions and regulations of governmental agencies having jurisdiction over the Property; (vi) the lien of any assessment which is or may become payable in annual installments of which any installment is then a charge or a lien, provided that apportionment thereof is made as provided in this Agreement; and (vii) matters created by, through or under Buyer. All of the foregoing shall be, collectively, the “Permitted Exceptions.” Buyer may obtain, at its sole cost and expense, an updated survey of the Property (the “Updated Survey”). Upon the latter of two (2) business days following (i) Buyer’s receipt of the Updated Survey, or (ii) the Effective Date, Buyer shall deliver or cause to be delivered a copy of the Updated Survey to Seller; provided, however, that such a failure will not be deemed to be a default by Buyer. In the event Buyer objects to any exceptions to title that appear in the PTR or any matters disclosed by the Updated Survey, Buyer shall, on or before the date that is ten (10) business days following Buyer’s receipt of the Updated Survey, but in no event later than twenty (20) days after the Effective Date, deliver a title objection letter to Seller and Title Company identifying any such objections (the “Title Objection Letter”). Any title exceptions listed in the PTR or any matters disclosed in the Updated Survey that are not timely objected to in the Title Objection Letter shall be deemed approved by Buyer. In the event Buyer timely delivers the Title Objection Letter, Seller shall have until three (3) business days after receipt of the Title Objection Letter within which to agree to eliminate or satisfy any such identified objections. Seller shall have no obligation to so eliminate or satisfy any such unacceptable exceptions or matters or to incur any cost or expense in connection therewith. In the event that Seller has not agreed to e...

Title Matters; Buyer’s Objections; Seller’s Right to Cure. (i) Buyer hereby confirms receipt of (a) the existing survey of the Real Property, if any (the "Survey"), and (b) a preliminary title report for the Real Property issued by the Title Company and copies of or hyperlinks to all documents referenced as exceptions therein (the "PTR"). Buyer may obtain, at its sole cost and expense, an updated survey of the Property (the "Updated Survey"). Within two (2) Business Days after Buyer's receipt of the Updated Survey, Buyer shall deliver a copy of the same to Seller and the Title Company.

Title Matters; Buyer’s Objections; Seller’s Right to Cure

Related to Title Matters; Buyer’s Objections; Seller’s Right to Cure

Conditions to Seller’s Obligation to Close The obligation of the Seller to convey the Property to the Purchaser is subject to the satisfaction of the following conditions precedent on and as of the Closing Date:
Conditions to Buyer’s Obligation to Close ‌ The obligations of Buyer to effect the transactions contemplated in this Agreement are subject to the satisfaction or waiver by Buyer on or prior to the Closing Date of each of the following conditions:
Seller's Conditions to Closing The obligations of the Seller under this Agreement shall be subject to the satisfaction, on or prior to the Closing Date, of the following conditions:
Conditions to Seller’s Obligations The obligations of Seller to consummate the transactions contemplated by this Agreement are subject to the satisfaction of the following conditions on or before the Closing Date:
Seller’s Obligations at Closing At Closing, Seller shall:
Conditions to Seller’s Obligation Seller's obligation to consummate the transactions to be performed by it in connection with the Closing is subject to satisfaction of the following conditions:
Conditions To Seller's Obligation To Sell Seller's obligation to sell the Debentures is conditioned upon:
Seller’s Obligations at the Closing At the Closing, Seller shall deliver to Purchaser the following:
CONDITIONS PRECEDENT TO SELLER'S OBLIGATION TO CLOSE Sellers' obligation to sell the Shares and to take the other actions required to be taken by Sellers at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by Sellers, in whole or in part):
Seller’s Conditions Precedent to Closing The obligation of Seller to consummate the transactions contemplated by this Agreement shall be subject to fulfillment at or prior to the Closing of the following conditions, any one or more of which may be waived in writing by Seller:

Title Matters; Buyer’s Objections; Seller’s Right to Cure Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses

Related to Title Matters; Buyer’s Objections; Seller’s Right to Cure