Application of the Deposit. (i) Upon the termination of this Agreement pursuant to Sections 10.1(a), (b), (c), (d), (e) or (f), the Deposit, together with interest earned thereon, shall be paid to Buyer.
Application of the Deposit. The Deposit shall be non-refundable and the property of Seller only if, when, and after Bedford delivers to Seller and Escrow Holder all of the following: (i) the Title Notice (defined in Section 4.3), (ii) the Estoppel Notice (defined in Section 11.1.4), and (iii) the Inspection Approval Notice (defined in Section 6.3). If any of the Title Notice, the Estoppel Notice or the Inspection Approval Notice is not timely delivered by Bedford, this Agreement shall be terminated according to its terms and the Deposit returned to Bedford. If the sale of the Property is consummated, the Deposit shall be applied toward the Purchase Price. Until the expiration of the Inspection Period, Escrow Holder shall release the Deposit to Bedford upon the sole instruction of Bedford with notice to Seller, and upon such release, this Agreement is terminated.
Application of the Deposit. (i) Upon the termination of this Agreement pursuant to Section 6.1(b) or (d) hereof, and if (x) at or prior to such termination (A) all Gaming Approvals shall not have been obtained or (B) the waiting period under the HSR Act shall have not expired or been terminated (or any Governmental Entity having jurisdiction over federal antitrust or competition Laws of the United States shall have commenced an investigation, proceeding or other action which is continuing at the time of such termination of this Agreement, or an injunction shall have been obtained, on the basis of antitrust or competition Laws of the United States in respect of the transactions contemplated by the Agreement), the Deposit, together with any interest earned thereon, shall be paid to Seller and if (y) at or prior to such termination (A) all Gaming Approvals shall have been obtained and not revoked and (B) the waiting period under the HSR Act shall have expired or been terminated (and no Governmental Entity having jurisdiction over federal antitrust or competition Laws of the United States shall have commenced an investigation, proceeding or other action which is continuing at the time of such termination of this Agreement, and no injunction shall have been obtained, on the basis of antitrust or competition Laws of the United States in respect of the transactions contemplated by the Agreement), the Deposit, together with interest earned thereon, shall be paid in equal amounts to Buyer, on the one hand and Seller, on the other hand; provided, however, that Buyer shall be paid the Deposit if Seller’s failure to perform its obligations under the Agreement was the primary cause of the reason for the termination set forth in Section 6.1(d) hereof.
Application of the Deposit. (i) Upon the termination of this Agreement (i) by the Buyer or the Sellers pursuant to Section 7.1(b) or (ii) by the Buyer or the Sellers pursuant to Section 7.1(c), the Deposit, together with interest earned thereon, shall be paid to the Sellers. The payment to Sellers of the Deposit pursuant to this Section 7.2(b) shall constitute liquidated damages, in full settlement of any damages of any kind or nature that the Sellers or the Company may suffer or allege to suffer as a result thereof, it being understood and agreed that the amount of liquidated damages represents the parties’ reasonable estimate of actual damages and does not constitute a penalty, and the Sellers and the Company shall be precluded from exercising any other right or remedy available under this Agreement, applicable Law or otherwise. Notwithstanding the foregoing, nothing in this Section 7.2(b)(i) shall affect any Buyer Party’s indemnity and reimbursement obligations pursuant to Section 5.4 or Section 5.12, and Sellers’ and the Company’s rights to be indemnified or reimbursed in accordance therewith.
Application of the Deposit. (a) In the event the Parties terminate this Agreement pursuant to Sections 8.1(a), or 8.1(f), then Seller shall promptly, and in any event within three (3) Business Days, pay to Buyer as Buyer’s sole and exclusive remedy, the Deposit, as liquidated damages and not as a penalty, which the Parties acknowledge and agree is reasonable under the circumstances.
Application of the Deposit. (a) The Deposit must be retained by the Stakeholder pending the Completion or the termination of this document. On Completion, the Deposit becomes the absolute property of the party entitled to receive the Deposit and the Stakeholder must pay the Deposit to that party. If this document is discharged otherwise than by Completion, the Stakeholder must pay the Deposit to the person entitled to receive the Deposit.
Application of the Deposit. (i) Upon (x) the termination of this Agreement (A) by the Sellers or Buyer pursuant to Section 7.1(c), Section 7.1(d) (if such Order is relating to Gaming Laws or HSR) or, if the transactions contemplated hereby have not been consummated on or prior to the Outside Date and, at the time of such termination all of the conditions set forth in Article VI of this Agreement shall have been satisfied or waived (other than those conditions that by their terms are to be satisfied at Closing) other than (1) the condition set forth in Section 6.1(b) (and Section 6.1(a) solely to the extent relating to Section 6.1(b)) or (2) the condition set forth in Section 6.1(c), solely with respect to Gaming Approvals (and Section 6.1(a) solely to the extent relating to Gaming Approvals), pursuant to Section 7.1(b) or (B) by the Sellers pursuant to Section 7.1(f), or (y) the Closing, the Deposit (other than interest earned thereon, which shall be paid to Buyer), shall be paid to the Sellers (except, in the case of clause (B), to the extent that Sellers elect not to receive the Deposit as described pursuant to Section 7.2(c)(ii)).
Application of the Deposit. 8.3.1 The Deposit, together with any interest earned thereon, shall be returned to Buyer if this Agreement is terminated either:
Application of the Deposit. At the time of the final Closing of the Properties, including, but not limited to Substitute Properties, the Deposit shall be applied to the Purchase Price. If the Closing does not occur in accordance with the terms hereof, the Deposit shall be held and delivered as hereinafter provided.
Application of the Deposit. In the event the Closing on the Damascus Property is deferred until the Third Closing Date, then an amount equal to $2,500,000 of the Deposit under the Purchase Agreement (posted as contemplated in Section 4 of the Second Amendment) shall continue to be held in escrow by the Escrow Agent to be applied and credited toward the portion of the Purchase Price for the Closing on the Damascus Property. All other provisions regarding the application, payment, return and/or forfeiture of the Deposit in the Agreement shall be remain unchanged.
