ACQUISITION OF TITLE. The Vendor has agreed to acquire registered title to the Property from the Subdivider on terms set forth in a separate purchase agreement. In the event of default by the Subdivider in compliance with the requirements therein contained, or in the event the Subdivider exercises its right, by reason of adverse soil conditions affecting the Property, to terminate the purchase agreement as it relates to the Property, or if the Vendor fails to acquire title through no fault of the Vendor, this Agreement of Purchase and Sale shall be considered frustrated in accordance with paragraph 10(e) of the Addendum and all deposit monies shall be repaid to the Purchaser with interest and all parties hereto shall be relieved of any liability or obligation hereunder.
ACQUISITION OF TITLE. The Purchaser acknowledges that the Vendor may not be the registered owner to the Property and the Vendor may have agreed to acquire registered title to the Property from the Subdivider on terms set forth in a separate purchase agreement.
ACQUISITION OF TITLE. The obligations of Landlord and Tenant hereunder are contingent upon the acquisition by Landlord, prior to the commencement date, of fee simple marketable title to the Premises, free and clear of all encumbrances except ad valorem taxes for the current year, utility easements and rights-of-way, and unviolated restrictive covenants, that do not materially affect the value or intended use of the Premises and such other encumbrances as may be approved by Landlord and Tenant and shown on Exhibit "B" to be attached hereto. Tenant agrees to abide by the terms and conditions of all restrictive covenants imposed on the Premises.
ACQUISITION OF TITLE. Upon completion of Closing, Manitex will acquire title to the New Shares together with all rights coupled therewith starting from the Date of Closing.
ACQUISITION OF TITLE. Following acquisition of all or a portion of the Hydrogen Assets by the Mortgagee, its assignee or designee as a result of either foreclosure or acceptance of an assignment in lieu of foreclosure, or by a purchaser at a foreclosure sale, this Lease or a Sublease, as the case may be, shall continue in full force and effect, and the party acquiring title to the Hydrogen Assets shall (a) continue to timely pay any rent then due and payable; and (b) as promptly as reasonably possible, commence the cure of all other Defaults under this Lease or a Sublease, as the case may be, and thereafter diligently process such cure to completion, whereupon Landlord’s right to terminate this Lease based upon such Defaults shall be deemed waived; provided, however, that the Mortgagee or such party acquiring title to the Hydrogen Assets shall not be required to cure those Defaults which are not reasonably susceptible of being cured or performed by such party (“Non-Curable Defaults”). Non-Curable Defaults shall be deemed waived by Landlord upon completion of foreclosure proceedings or acquisition of Tenant’s interest in this Lease or a SubTenant’s interest in the Hydrogen Assets by the Mortgagee or party acquiring title; provided, however, in the event any Default shall be continuing following completion of foreclosure proceedings or acquisition of Tenants’ interest in this Lease or a SubTenant’s interest in the Hydrogen Assets, the acquiring party shall be obligated to then cure any such Default. Any Mortgagee or other party who acquires Tenant’s leasehold interest, pursuant to foreclosure or assignment in lieu of foreclosure shall not be liable to perform the obligations imposed on Tenant by this Lease incurred or accruing after such party no longer has ownership of the Lease and possession of the Leased Premises.
ACQUISITION OF TITLE. A Subsidiary shall not acquire title unless either (a) Remediation has been completed; or (b) before Remediation commences, such Subsidiary has obtained a conditional or actual Clearance acceptable to Subordinated Lender pursuant to Federal CERCLA or a state law that provides "PPA" or similar mechanisms to issue conditional Clearances (a "brownfields" state). Such Clearance may be subject to the completion of Remediation in the manner, and to the extent, described in the Loan Application.
ACQUISITION OF TITLE. As of the Closing Date, BHGD shall have acquired all right, title and interest of GGI in and to the H/C Real Property and the Millsite 29 Parcel, subject only to Permitted Encumbrances.
ACQUISITION OF TITLE. As of the Closing Date, CCCC shall have acquired fee title to the Legends Property and WMCKAC shall have acquired fee title to the Diamond Lil's Property, in each instance subject only to Permitted Encumbrances.
ACQUISITION OF TITLE. Each Shareholder represents and warrants that upon exercise of the Option, the Company will acquire good, valid and marketable title to such Shareholder's Shares, free and clear of all liabilities, claims, liens, options, proxies, charges and encumbrances of any kind whatsoever.
ACQUISITION OF TITLE. Following acquisition of all or a portion of the Solar Assets by the Mortgagee, its assignee or designee as a result of either foreclosure or acceptance of an assignment in lieu of foreclosure, or by a purchaser at a foreclosure sale, this Agreement or a Sublease, as the case may be, shall continue in full force and effect, and the party acquiring title to the Solar Assets shall (a) continue to timely pay any rent then due and payable; and (b) as promptly as reasonably possible, commence the cure of all other Defaults under this Agreement or a Sublease, as the case may be, and thereafter diligently process such cure to completion, whereupon Landlord’s right to terminate this Agreement based upon such Defaults shall be deemed waived; provided, however, that the Mortgagee or such party acquiring title to the Solar Assets shall not be required to cure those Defaults which are not reasonably susceptible of being cured or performed by such party (“Non-Curable Defaults”). Non-Curable Defaults shall be deemed waived by Landlord upon completion of foreclosure proceedings or acquisition of Tenant’s interest in this Agreement or a Sublessee’s interest in the Solar Assets by the Mortgagee or party acquiring title; provided, however, in the event any Default shall be continuing following completion of foreclosure proceedings or acquisition of Tenants’ interest in this Agreement or a Sublessee’s interest in the Solar Assets, the acquiring party shall be obligated to then cure any such Default.
