Common use of Accuracy of Seller’s Representations and Warranties Clause in Contracts

Accuracy of Seller’s Representations and Warranties. As a condition to the obligations of Purchaser to close hereunder, each of Seller's representations and warranties set forth in Section 9 below shall be true and correct as of the Closing, as modified by any "Pre-Closing Disclosures" (as defined in Section 9(B) below). Notwithstanding the foregoing, if Seller makes any Pre-Closing Disclosure to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: (i) the Closing; or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C), then such representations and warranties shall be deemed modified to conform them to the Pre-Closing Disclosure.

Appears in 1 contract

Samples: Purchase and Sale Agreement (First Capital Insured Real Estate Limited Partnership)

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Accuracy of Seller’s Representations and Warranties. As a condition to the obligations of Purchaser to close hereunder, Seller shall have fully performed its material obligations under this Agreement and each of Seller's representations and warranties set forth in Section 9 below shall be true and correct as of the Closing, as modified by any "Pre-Closing Disclosures" Disclosures (as defined in Section 9(B) below). Notwithstanding the foregoing, if Seller makes any Pre-Closing Disclosure to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: (i) of the Closing; , or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C), then such representations and warranties shall be deemed modified to conform them to the Pre-Closing Disclosure.

Appears in 1 contract

Samples: Purchase and Sale Agreement (First Capital Institutional Real Estate LTD 3)

Accuracy of Seller’s Representations and Warranties. As a condition to the obligations of Purchaser Purchaser's obligation to close hereunder, each of Seller's representations and warranties set forth in Section 9 below shall be true and correct as of the date hereof and as of Closing, as modified by any "Pre-Closing Disclosures" (as defined in Section 9(B) below). Notwithstanding the foregoing, if Seller makes any Pre-Closing Disclosure to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Exxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: of (i) the Closing; , or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C), then such representations and warranties shall be deemed modified to conform them to the Pre-Closing Disclosure.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Price Reit Inc)

Accuracy of Seller’s Representations and Warranties. As a condition to the obligations of Purchaser Purchaser's obligation to close hereunder, each of Seller's representations and warranties set forth in Section 9 below shall be true and correct as of the Closing, as modified by any "Pre-Closing Disclosures" (as defined in Section 9(B) below). Notwithstanding the foregoing, if Seller makes any Pre-Closing Disclosure to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: of (i) the Closing; , or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C), then such representations and warranties shall be deemed modified to conform them to the Pre-Closing Disclosure.

Appears in 1 contract

Samples: Real Estate Sale Agreement (First Capital Income Properties LTD Series Ix)

Accuracy of Seller’s Representations and Warranties. As a condition to the obligations of Purchaser Purchaser's obligation to close hereunder, each of Seller's representations and warranties set forth in Section 9 below shall be true and correct as of the date hereof and as of Closing, as modified by any "Pre-Closing Disclosures" (as defined in Section 9(B) below). Notwithstanding the foregoing, if Seller makes any Pre-Closing Disclosure to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: of (i) the Closing; , or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C), then such representations and warranties shall be deemed modified to conform them to the Pre-Closing Disclosure.

Appears in 1 contract

Samples: Real Estate Sale Agreement (First Capital Institutional Real Estate LTD 2)

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Accuracy of Seller’s Representations and Warranties. As It shall be a condition precedent to the obligations of Purchaser Purchaser's obligation to close hereunder, the purchase and sale transaction contemplated in this Agreement that each of Seller's representations and warranties set forth in Section 9 9(A) below shall be true and correct in all material respects as of the Closing, as modified by any "Pre-Closing Disclosures" Disclosures (as defined in Section 9(B) below). Notwithstanding In the foregoing, if event that Seller makes any Pre-Closing Disclosure Disclosures to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: (i) the Closing; of Closing or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C), then such representations and warranties shall be deemed modified to conform them to the Pre-Closing DisclosureDisclosures. The provisions of this Section 8(C) shall survive the Closing and delivery of the Deed or sooner termination of this Agreement.

Appears in 1 contract

Samples: Real Estate Sale Agreement (First Capital Income & Growth Fund Series Xii)

Accuracy of Seller’s Representations and Warranties. As a condition to the obligations of Purchaser to close hereunder, each of Seller's representations and warranties set forth in Section 9 below shall be true and correct as of the Closing, as modified by any "Pre-Closing Disclosures" Disclosures (as defined in Section 9(B) 9.2 below). Notwithstanding the foregoing, if Seller makes any Pre-Closing Disclosure to Purchaser, Purchaser shall have the right to terminate this Agreement and receive the return of the Xxxxxxx Money by delivering written notice thereof to Seller on or before the earlier of: (i) of the Closing; , or (ii) the fifth (5th) business day after Purchaser receives written notice of such Pre-Closing Disclosure. If Purchaser does not terminate this Agreement pursuant to its rights under this Section 8(C)8.3, then such representations and warranties shall be deemed modified to conform them to the Pre-Closing Disclosure.

Appears in 1 contract

Samples: Real Estate Sale Agreement (First Capital Income Properties LTD Series Xi)

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