Common use of BUYER’S CONDITIONS PRECEDENT TO CLOSING Clause in Contracts

BUYER’S CONDITIONS PRECEDENT TO CLOSING. The obligations of Buyer with regard to Closing under this Agreement are, at its option, subject to the fulfillment of each and all of the following conditions prior to or at the Closing: (a) Seller shall have performed and complied with all the agreements and conditions required in this Agreement to be performed and complied with by Seller prior to Closing; and Buyer and Seller agree that Escrowholder may deem all such items to have been performed and complied with when Seller has deposited all items in Escrow as required hereunder. (b) Title Insurer is prepared to issue its ALTA Owner’s Policy of Title Insurance in the amount of the Purchase Price showing title vested in Buyer subject only to the Permitted Exceptions and the usual exceptions found in said policy. (c) The representations by Seller contained herein shall be true and correct in all material respects as of the Closing Date. (d) Seller under the Portfolio Sale Agreement has performed and complied with the agreements and conditions required in the Portfolio Sale Agreement to be performed and complied with by Seller prior to Closing and Seller under the Portfolio Sale Agreement has deposited all items in Escrow as required thereunder unless waived in writing by Buyer. If any one or more items listed above have not been satisfied as of the Closing Date, Buyer shall have the right to terminate this Agreement pursuant to Article 14 hereof.

BUYER’S CONDITIONS PRECEDENT TO CLOSING. The obligations of Buyer with regard to Closing under this Agreement are, at its option, subject to the fulfillment of each and all of the following conditions prior to or at the Closing: (a) Seller shall have performed and complied with all the agreements and conditions required in this Agreement to be performed and complied with by Seller prior to Closing; and Buyer and ; (b) Seller agree that Escrowholder may deem all such items to shall have been performed and complied with when Seller has deposited all items in Escrow as required hereunder.; (bc) Title Insurer is prepared to issue its ALTA Owner’s Policy of Title Insurance in the amount of the Purchase Price showing title vested in Buyer subject only to the Permitted Exceptions and the usual exceptions found in said policy.; and (cd) The the representations by Seller contained herein shall be true and correct in all material respects as of the Closing Date. (d) Seller under the Portfolio Sale Agreement has performed and complied with the agreements and conditions required in the Portfolio Sale Agreement to be performed and complied with by Seller prior to Closing and Seller under the Portfolio Sale Agreement has deposited all items in Escrow as required thereunder unless waived in writing by Buyer. If any one or more items listed above have not been satisfied as of the Closing Date, Buyer shall have the right to terminate this Agreement pursuant to Article 14 hereofthe Section hereof entitled “Non-Default Termination.”

BUYER’S CONDITIONS PRECEDENT TO CLOSING. The obligations of Buyer with regard to Closing under this Agreement are, at its option, subject to the fulfillment of each and all of the following conditions prior to or at the Closing: (a) Seller shall have performed and complied with all the agreements and conditions required in this Agreement to be performed and complied with by Seller prior to Closing; , and Buyer and Seller agree that Escrowholder may deem all such items to have been performed and complied with when Seller has deposited all items in Escrow as required hereunder. (b) Title Insurer is prepared to issue its ALTA Owner’s Policy of Title Insurance in the amount of the Purchase Price showing title vested in Buyer subject only to the Permitted Exceptions and the usual exceptions found in said policyExceptions. (c) The representations by Seller contained herein shall be true and correct in all material respects as of the Closing Date. (d) Seller under the Portfolio Sale Agreement has performed and complied with the agreements and conditions required in the Portfolio Sale Agreement to be performed and complied with by Seller prior to Closing and Seller under the Portfolio Sale Agreement has deposited all items in Escrow as required thereunder unless waived in writing by Buyer. If any one or more items listed above have not been satisfied as of the Closing Date, Buyer shall have the right to terminate this Agreement pursuant to Article 14 hereof.

BUYER’S CONDITIONS PRECEDENT TO CLOSING. The obligations of Buyer with regard to Closing under this Agreement are, at its option, subject to the fulfillment of each and all of the following conditions prior to or at the Closing: (a) Seller shall have performed and complied with all the agreements and conditions required in this Agreement to be performed and complied with by Seller prior to Closing; and Buyer and Seller agree that Escrowholder may deem all such items to have been performed and complied with when Seller has deposited all items in Escrow as required hereunder. (b) Title Insurer is prepared to issue its ALTA Owner’s Policy of Title Insurance in the amount of the Purchase Price showing title vested in Buyer subject only to the Permitted Exceptions and the usual exceptions found in said policy. (c) The representations by Seller contained herein shall be true and correct in all material respects as of the Closing Date. (d) Seller under the Portfolio Sale Agreement has performed and complied with the agreements and conditions required in the Portfolio Sale Agreement to be performed and complied with by Seller prior to Closing and Seller under the Portfolio Sale Agreement has deposited all items in Escrow as required thereunder unless waived in writing by Buyer. If any one or more items listed above have not been satisfied as of the Closing Date, Buyer shall have the right to terminate this Agreement pursuant to Article 14 hereof.