Common use of Breach of Seller’s Warranties prior to Closing Clause in Contracts

Breach of Seller’s Warranties prior to Closing. (a) If at or prior to the Closing, any Buyer’s Representative obtains actual knowledge that any of Seller’s Warranties are untrue, inaccurate or incorrect in any material respect, Buyer shall give Seller written notice thereof within five (5) business days of obtaining such knowledge (but, in any event, prior to the Closing). If at or prior to the Closing, Seller obtains actual knowledge that any of Seller’s Warranties are untrue, inaccurate or incorrect in any material respect, Seller shall give Buyer written notice thereof within five (5) business days of obtaining such knowledge (but, in any event, prior to the Closing). In either such event, Seller shall have the right to cure such misrepresentation or breach and shall be entitled to a reasonable adjournment of the Closing (not to exceed forty-five (45) days) for the purpose of such cure.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Grubb & Ellis Apartment REIT, Inc.), Purchase and Sale Agreement (Grubb & Ellis Apartment REIT, Inc.)

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Breach of Seller’s Warranties prior to Closing. (a) If at or prior to the Closing, any Buyer’s Representative obtains actual knowledge that any of Seller’s Warranties are untrue, inaccurate or incorrect in any material respect, Buyer shall give Seller written notice thereof within five (5) business days Business Days of obtaining such knowledge (but, in any event, prior to the Closing). If at or prior to the Closing, Seller obtains actual knowledge that any of Seller’s Warranties are untrue, inaccurate or incorrect in any material respect, Seller shall give Buyer written notice thereof within five (5) business days Business Days of obtaining such knowledge (but, in any event, prior to the Closing). In either such event, Seller shall have the right to cure such misrepresentation or breach and shall be entitled to a reasonable adjournment of the Closing (not to exceed forty-five thirty (4530) days) for the purpose of such cure.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust II, Inc.)

Breach of Seller’s Warranties prior to Closing. (ai) If at or prior to the Closing, any Buyer’s Representative obtains actual knowledge that any of Seller’s Warranties are is untrue, inaccurate or incorrect in any material respect, Buyer shall give Seller written notice thereof within five (5) business days Business Days of obtaining such knowledge (but, in any event, prior to the Closing). If at or prior to the Closing, Seller obtains actual knowledge that any of Seller’s Warranties are is untrue, inaccurate or incorrect in any material respect, Seller shall give Buyer written notice thereof within five (5) business days Business Days of obtaining such knowledge (but, in any event, prior to the Closing). In either such event, Seller shall have the right to cure such misrepresentation or breach and shall be entitled to a reasonable adjournment of the Closing (not to exceed forty-five thirty (4530) days) for the purpose of such cure. If Seller chooses not to so cure, then Buyer’s rights will be governed by Section 11.2 hereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Breach of Seller’s Warranties prior to Closing. (a) If at or prior to the Closing, any Buyer’s Representative obtains actual knowledge that any of Seller’s Warranties are untrue, inaccurate or incorrect in any material respect, Buyer shall give Seller written notice thereof within five (5) business days of obtaining such knowledge (but, in any event, prior to the Closing). If at or prior to the Closing, Seller obtains actual knowledge that any of Seller’s Warranties are untrue, inaccurate or incorrect in any material respect, Seller shall give Buyer written notice thereof within five (5) business days of obtaining such knowledge (but, in any event, prior to the Closing). In either such event, Seller shall have the right to cure such misrepresentation or breach and shall be entitled to a reasonable adjournment of the Closing (not to exceed forty-five thirty (4530) days) for the purpose of such cure.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cogdell Spencer Inc.)

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Breach of Seller’s Warranties prior to Closing. (ai) If at or prior to the either Closing, any Buyer’s Representative obtains actual knowledge that any of Seller’s Warranties are is untrue, inaccurate or incorrect in any material respect, Buyer shall give Seller written notice thereof within five (5) business days Business Days of obtaining such knowledge (but, in any event, prior to the such Closing). If at or prior to the such Closing, Seller obtains actual knowledge that any of Seller’s Warranties are is untrue, inaccurate or incorrect in any material respect, Seller shall give Buyer written notice thereof within five (5) business days Business Days of obtaining such knowledge (but, in any event, prior to the such Closing). In either such event, Seller shall have the right to cure such misrepresentation or breach and shall be entitled to a reasonable adjournment of the such Closing (not to exceed forty-five thirty (4530) days) for the purpose of such cure. If Seller chooses not to so cure, then Buyer’s rights will be governed by Section 11.2 hereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

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