Examples of Buyer Default Termination in a sentence
A termination pursuant to clause (i) of this Section 8.4 is referred to herein as a "Buyer Default Termination".
If this Agreement or the transactions contemplated herein are terminated other than for a termination which constitutes a Buyer Default Termination, the Seller shall instruct the Escrow Agent to, and the Escrow Agent shall, within two (2) Business Days after such instruction, return to the Buyer the Deposit by wire transfer of immediately available funds to the account designated in writing.
In the event the Deposit becomes payable to the Seller by reason of a Buyer Default Termination, the Escrow Agent shall, within two (2) Business Days after receiving notice of such Buyer Default Termination from Seller, disburse the Deposit to an account designated by the Seller by wire transfer of immediately available funds to be retained by the Seller for its own account.
If this Agreement is terminated pursuant to Section 8.4 by reason of a Buyer Default Termination, then neither the Sellers nor any of their respective Affiliates or representatives shall have any Liability hereunder to the Buyer, and the sole and exclusive remedy of either Seller and any of its Affiliates shall be strictly limited to retention of the Acquired Assets and the Buyer’s forfeiture of any right to payment of cash in an amount equal to the Deposit.
In the event the Deposit becomes nonrefundable by reason of a Buyer Default Termination, and without limiting Seller’s remedies under the circumstances, Escrow Holder shall immediately disburse the Deposit and all interest accrued thereon to Seller to be retained by Seller for its own account.
In the event the Deposit becomes non-refundable by reason of a Buyer Default Termination, the provisions of Section 1.8 below shall apply.
Accordingly, in the event all or any portion of the Property are sold to any person other than the Buyer pursuant to a higher or better offer approved by the Bankruptcy Court, without a Buyer Default Termination having occurred, then Buyer shall have no further liability hereunder to Seller and (a) the Escrow Agent shall deliver the Deposit and all interest accrued thereon to the Buyer, and (b) the Seller shall pay to the Buyer a fee equal to $650,000 (the "Break-up Fee").
If this Agreement is terminated for any reason other than a Buyer Default Termination, the Escrow Holder shall return to Buyer the Deposit (and any interest accrued thereon) upon receipt of notice by Buyer to the Escrow Holder.
If this Agreement is terminated for any reason other than by reason of a Buyer Default Termination, the Escrow Holder shall return to Buyer the Deposit (together with all interest accrued thereon), but less Buyer’s one-half (1/2) share of the Escrow Holder’s escrow fees and charges, within five (5) business days from the date this Agreement is terminated.
The Deposit shall only become nonrefundable upon the earlier of (x) the Closing Date or (y) the termination of this Agreement pursuant to Section 7.1(d) (a "Buyer Default Termination").