Buyer’s Conditions Precedent. The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing Date, of each of the following conditions precedent:
Buyer’s Conditions Precedent. In addition to all other conditions precedent set forth in this Agreement, Buyer’s obligations to perform under this Agreement and to close escrow are expressly subject to the following:
Buyer’s Conditions Precedent. The obligations of Buyer at the Closing are subject, at the option of Buyer, to the satisfaction or waiver at or prior to the Closing of the following conditions precedent:
Buyer’s Conditions Precedent. Buyer’s obligation to purchase the Partnership Interests or otherwise to perform any obligation provided in this Agreement shall be conditioned upon the fulfillment of the following conditions precedent:
Buyer’s Conditions Precedent. The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to each of the following conditions:
Buyer’s Conditions Precedent. Subject to the provisions of Section 9.3 hereof, Seller has provided and/or shall provide Buyer and its consultants and other agents and representatives with access to the Property to perform Buyer’s inspections and review and determine the present condition of the Property. Seller has delivered or made available to Buyer at Seller’s offices or at the Real Property, or shall within the Delivery Period (as defined below) deliver or make available to Buyer at its internet-based due diligence depository (CMS), at Seller’s offices or at the Real Property, copies of all Due Diligence Materials (as defined in Section 2.2 below) in Seller’s possession, except as otherwise specifically provided herein. Notwithstanding anything to the contrary contained herein, the Due Diligence Materials shall expressly exclude (i) those portions of the Due Diligence Materials that would disclose Seller’s cost of acquisition of the Real Property, or cost of construction of the Improvements and related soft costs, or any estimates of costs to repair, replace, remediate or maintain the Real Property, (ii) any reports, presentations, summaries and the like prepared for any of Seller’s boards, committees, partners or investors in connection with its consideration of the acquisition of the Real Property, construction of the Improvements or sale of the Property, (iii) any proposals, letters of intent, draft contracts or the like prepared by or for other prospective purchasers of the Property or any part thereof, (iv) Seller’s internal memoranda, attorney-client privileged materials, internal appraisals, structural or physical inspection reports, and (v) any information which is the subject of a confidentiality agreement between Seller and a third party (the items described in clauses (i), (ii) (iii), (iv) and (v) being collectively referred to as the “Confidential Information”). Notwithstanding the foregoing, Seller shall provide to Buyer information that is the subject of a confidentiality agreement between Seller and a third party but only to the extent that (A) the terms of any such confidentiality agreement permit Seller to provide such confidential information to Buyer, and (B) Buyer agrees in writing to maintain the confidentiality of such information. The “
Buyer’s Conditions Precedent. Buyer’s obligation to purchase the Property shall be expressly conditioned upon the fulfillment of each of the following:
Buyer’s Conditions Precedent. The following shall be conditions precedent to Buyer’s obligation to close, in addition to all other conditions precedent set forth in this Agreement.
Buyer’s Conditions Precedent. (a) Unless otherwise specified in Section B of Part I (Individual Terms), the Buyer shall, to the reasonable satisfaction of the Seller:
Buyer’s Conditions Precedent. On or before the fifth (5th) business day after the Effective Date Seller, subject to Section 3(c), shall deliver to Buyer the Due Diligence Materials described on Schedule 2.1 (delivery electronically or pursuant to an election posting, which Purchaser can access shall satisfy such requirement), including copies of the Leases (including all amendments thereto) the documents evidencing and securing the First Mortgage Loan (the “First Mortgage Documents”) shall make available for inspection and copying all other documents relevant to Buyer’s due diligence. Seller shall provide Buyer with copies of any material notices or other material information received from or sent to any tenant during the Contingency Period, under any of the Leases and any leases subsequently entered into by Seller during the Contingency Period and subject to Section 2.1(c) provide access to Buyer and its agents, employees and contractors, upon reasonable prior notice and during normal business hours, to review all other files and records relating to the Property and the operation, use, leasing and condition thereof which are in Seller possession either at the office of the property manager at the Property or at Seller’s office. To Seller’s knowledge, all material information in Seller’s possession relating to the Property and its use, condition, leasing and operation shall be made available to Buyer in such files and records. Seller shall make a copier available for copying any such files and records at such location by Buyer. Subject to the provisions of Section 9.3 hereof, Seller has provided and/or shall provide Buyer and its consultants and other agents and representatives with access to the Property to perform Buyer’s inspections and review and determine the present condition of the Property. Seller will make available for review and copying to Buyer, at Seller’s offices or at the Property, all Due Diligence Materials (as defined in this Section 2.1) in Seller’s possession or reasonably accessible to Seller, other than those described on Schedule 2.1, which shall be delivered to Buyer, except as otherwise specifically provided herein. Notwithstanding anything to the contrary contained herein, the Due Diligence Materials shall expressly exclude (i) those portions of the Due Diligence Materials that would disclose Seller’s cost of acquisition of the Real Property, or cost of construction of the Improvements and related soft costs, or any estimates of costs to repair, replace, remed...
