Buyer’s Condition. This agreement and all shipments made hereunder shall at all times be subject to the approval by Seller of Buyer’s financial condition. If the financial condition of Buyer at any time becomes unsatisfactory to Seller or if Buyer fails to make any payment when due, in addition to any other rights, Seller may have or Seller may defer or decline to make any shipment of shipments hereunder or may condition any such shipment upon receipt of satisfactory security or cash payment in advance.
Buyer’s Condition. On or before the Effective Date, SELLER shall deliver to Buyer copies of environmental assessments of the Property described on the attached Schedule D (the “Reports”). Within thirty (30) days following the date upon which Buyer receives the Reports, Buyer shall inform Seller whether, in Buyer’s opinion, additional information is necessary to satisfy Buyer that the environmental condition of the Property is suitable for Buyer’s intended use as a public school, playground, and athletic facility. If Buyer does not deliver any such written notice to Seller within this 30-day period, Buyer’s environmental condition shall be conclusively deemed to have been satisfied or waived. However, if Buyer is not so satisfied with the Reports and the environmental condition of the Property, Buyer shall deliver written notice to Seller requesting a meeting. Upon receipt of Buyer’s notice, Seller shall promptly schedule a meeting to discuss the specific nature of Buyer’s concerns and possible actions to cure such concerns. At the meeting, the parties shall either agree on next steps or, if no agreement is reached within fifteen (15) days after the meeting, either party may terminate this Agreement by promptly delivering written notice to the other. If the parties agree on next steps, they shall promptly enter into a written agreement describing the additional steps to be taken and the nature of each party’s continuing rights and obligations with respect thereto and under this Agreement, as more fully set out in subparagraph (iii), below.
Buyer’s Condition. Buyer’s obligation to close the transaction contemplated by this Agreement is subject to the satisfaction, at or prior to the Closing, of the following condition precedent, which Buyer may waive in writing (the “Tenant Estoppel Condition”).
Buyer’s Condition. Buyer's obligations to consummate the transactions contemplated by this Agreement shall be subject to the representations and warranties of Seller contained herein being true and correct at and as the Closing Date (and the Second Closing Date, if applicable) as if made at and as of such time
Buyer’s Condition. This Agreement shall be conditional in favour of the Buyer for a period of seven (7) days. Unless the Buyer gives notice delivered to the Seller personally or in accordance with the provisions of this Agreement, that this condition is fulfilled, this Agreement shall be null and void and the deposit shall be returned to the Buyer in full without deduction. This condition is included for the benefit of the Buyer and may be waived at the Buyer’s sole option by notice in writing to the Seller as aforesaid within the time period stated herein.
Buyer’s Condition. Anything contained in this Agreement to the contrary notwithstanding, Buyer’s agreement to acquire the Property is expressly subject to and contingent upon Buyer being able to complete the acquisition of a one hundred percent fee simple (100%) interest in the Property from all of the Sellers currently holding title, upon such terms and conditions as are acceptable to Buyer in its sole and absolute discretion (including, without limitation, obtaining and funding financing on terms acceptable to Buyer, in its sole discretion) (“Buyer’s Condition”). Sellers acknowledge that such condition involves consummating numerous tax-deferred exchanges pursuant to Section 721 of the Internal Revenue Code and acquisition of the remainder of the Property from parties that are not exchanging, or are exchanging in part and selling the remainder of their interest to Buyer. Accordingly Buyer shall have no obligation to close the transaction unless and until all of such sales, exchanges and partial sale/partial exchanges occur simultaneously, and upon such terms and conditions as are acceptable to Buyer and Lender in their respective sole discretion. If Buyer determines, in its sole and absolute discretion, that closing is unlikely to occur, Buyer may terminate this Agreement at any time.
Buyer’s Condition. 4.5.1 On any one occasion during the period from the date of this Agreement to the tenth business day before the Completion Date the Buyer may require the Seller to give the Buyer sufficient information (including the management accounts for the Target Group Companies for the immediately preceding month end) as will enable the Buyer to carry out the Loss Calculation. Seller shall be allowed twenty days from the date of Buyer's notice to provide the requested information. As soon as the Buyer has received such information and calculated the loss calculation the Buyer shall give the Seller its calculation of the Loss Calculation, together with the management accounts upon which the Loss Calculation is based and such working papers used in connection with the preparation of the same as are necessary or appropriate to understand and agree the calculation of the Loss Calculation.
