Buyer’s Acknowledgements. Buyer(s) acknowledges that (A) Buyer(s) has examined the Property and make this offer in good faith, (B) Buyer(s) has the opportunity to obtain additional inspections, (C) Seller(s) has not made any representations concerning the Property upon which Buyer(s) has relied, except as specifically set forth in this Agreement, or in writing, and (D) unpaid water, sewer or lawn mowing bills may become a future lien against the Property, (E) authorizes Broker/Agent or Representative to discuss information regarding the purchase of this property with any financial institution, title, insurance or appraisal company, (F) Buyer(s) is not relying upon any facts set forth in any brokerage information sheet or information provided by XXXXX, and (G) the Buyer(s) understand that the Seller(s) make no representations with regard to conditions outside the boundaries of the real estate, including but not limited to crime statistics or offenders as described in Paragraph 24. Buyer(s) assumes sole responsibility for researching such conditions.
Buyer’s Acknowledgements. The Seller advises the Buyer and the Buyer:
Buyer’s Acknowledgements. Buyer understands and acknowledges that:
Buyer’s Acknowledgements. BUYER ACKNOWLEDGES, ON BEHALF OF ITSELF AND ITS AFFILIATES, THAT EXCEPT AS SET FORTH IN SECTION 4, NONE OF SELLER, ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES (COLLECTIVELY, THE “SELLER PARTIES” AND EACH A “SELLER PARTY”) OR ANY OTHER PERSON HAS MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE PURCHASED ASSETS, THE BUSINESS, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER, AND ANY SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY DISCLAIMED. BUYER ACKNOWLEDGES, ON BEHALF OF ITSELF AND ITS AFFILIATES THAT, SHOULD THE CLOSING OCCUR, BUYER SHALL ACQUIRE THE PURCHASED ASSETS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IN AN “AS IS” CONDITION AND ON A “WHERE IS” BASIS, EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTED IN THIS AGREEMENT. CONSEQUENTLY, BUYER ACKNOWLEDGES AND AGREES THAT (I) OTHER THAN WITH RESPECT TO SELLER’S REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 4 OF THIS AGREEMENT, NO SELLER PARTY HAS PROVIDED OR OTHERWISE FURNISHED ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED BY THE SELLER PARTIES, EITHER DIRECTLY OR INDIRECTLY, TO BUYER AND/OR ITS REPRESENTATIVES IN CONNECTION WITH THIS TRANSACTION; AND (II) THEREFORE BUYER WAIVES ANY RIGHT IT MAY HAVE AGAINST THE SELLER PARTIES FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF SUCH INFORMATION (OR OMISSION TO PROVIDE ANY OTHER INFORMATION) OTHER THAN WITH RESPECT TO THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 4 OF THIS AGREEMENT.
Buyer’s Acknowledgements. Buyer has read, had the chance to ask questions, understands, and accepts the above contract and terms in its entirety, and agrees by signature below that all portions and parts constitute a legal and binding contract to all parties involved. Buyer furthermore acknowledges that Buyer is purchasing a living, breathing animal for which Buyer will be responsible for the Puppy’s lifetime, which is a substantial commitment. Buyer is authorized to bind all the members of their family to this agreement and does so by signing below. Buyer’s Signature Date March 25, 2019 Buyer’s Signature Date March 25, 2019
Buyer’s Acknowledgements. Buyer acknowledges that its obligations under this Agreement, including with respect to payment of the Purchase Price and Closing under Section 5.01, shall not be contingent on any condition other than as set forth in Section 4.01. Without limiting the foregoing, Buyer’s obligations shall not be contingent on any (i) financing contingency, (ii) contingency relating to the completion of due diligence or (iii) contingency relating to the approval of the Transaction by Buyers officers, directors or other internal approvals or consents. Xxxxx further acknowledges that the Trustee has discretion to accept or reject Xxxxx’s Bid and that in the event that the Closing does not occur for any reason, Buyer shall not be entitled to any breakup fee, topping fee, expense reimbursement or other similar arrangement.
Buyer’s Acknowledgements. Buyer hereby irrevocably acknowledges the following matters as of the date hereof, and agrees that, subject to the provisions of Section 4.1, Buyer shall not terminate this Agreement or directly or indirectly request or demand (i) any reduction in the Purchase Price, (ii) any representations or warranties of Seller other than as expressly set forth herein, (iii) any modification of the documents to be delivered to Buyer pursuant to this Agreement, or (iv) any other concessions or agreements from Seller, any tenant or any other party as a result of or in connection with any such matters:
Buyer’s Acknowledgements. (a) As an express condition to this Agreement, Buyer acknowledges that it will be Buyer's sole responsibility to satisfy itself regarding: (i) the scope and extent of all operations or activities on the Property, (ii) the impact of such operations on the suitability of the Property for Buyer's purposes or any other purpose, (iii) the existence or possible existence of all conditions of the Property, and (iv) all rights of access to the Property and open and publicly dedicated rights-of-way. Buyer acknowledges and agrees that: (i) Buyer is purchasing the Property solely on the basis of its examination, inspection and investigation described in Article 3.3 above and not on the basis of any statement, representation, warranty, expressed or implied, written or oral, made by Seller or its agents or its employees that is not expressly contained in this Agreement; and (ii) Buyer is purchasing the Property in its "AS-IS, WHERE-IS" condition, with all faults and with no representation or warranty of any type or nature being made by Seller or any person on Seller's behalf, except as expressly otherwise provided in this Agreement.
Buyer’s Acknowledgements. BUYER hereby acknowledges that (i) SELLER currently may have, and later may come into possession of, information with respect to the Transferred Claim Rights, the Debtor or any of its affiliates, the Bankruptcy Case and/or any state or federal regulatory review concerning the Debtor that is not known to BUYER and that may be material to a decision to purchase the Transferred Claim Rights (“Buyer Excluded Information”), (ii) BUYER has determined to buy the Transferred Claim Rights notwithstanding its lack of knowledge of the Buyer Excluded Information and (iii) SELLER shall have no liability to BUYER, and BUYER waives and releases any claims that it might have against SELLER with respect to the nondisclosure of the Buyer Excluded Information in connection with the transactions contemplated hereby; provided, however, that BUYER Excluded Information shall not affect the truth or accuracy of SELLER’s representations or warranties in this Agreement.
Buyer’s Acknowledgements. It is specifically stated and agreed that Seller or the Warrantors have not made, and Buyer has not relied on, any expressed or implied warranties regarding Seller, the Warrantors, the Shares, the Business or the Group Companies except for the Warranties, and all other expressed or implied warranties, whether statutory or otherwise, shall be excluded. Without limiting the generality of the foregoing, Seller or the Warrantors have not given any representation or warranty to Buyer with respect to, or assumed any liability towards Buyer or the Group Companies based on, any financial or other performance, projection, forecast, or estimate of any future development or event (including any general market information or development of market or regulatory environment, matter of opinion, evaluation, assessment of business potential, anticipated future performance, prospects, or similar matter), whether or not such performance, projection, forecast, or estimate has been included in the Disclosure Material.
