Common use of Buyer’s Possible Early Termination Clause in Contracts

Buyer’s Possible Early Termination. Buyer shall have the right to approve, in Buyer's sole and absolute discretion, the Property, the Property Information, the Preliminary Report, the Survey, or any other matter whatsoever regarding the Property. On or before the expiration of the Due Diligence Period, Buyer may provide written notice (a “Disapproval Notice”) to Seller that Buyer wishes to proceed to Closing. Buyer’s failure to provide a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of the Property. In addition, at any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply.

Appears in 4 contracts

Samples: Real Estate Purchase and Sale Agreement (Medalist Diversified REIT, Inc.), Real Estate Purchase and Sale Agreement (Medalist Diversified REIT, Inc.), Real Estate Purchase and Sale Agreement (Medalist Diversified REIT, Inc.)

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Buyer’s Possible Early Termination. Buyer shall have the right to approve, approve in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, any Supplemental Report, the Survey, the UCC Searches, or any other matter whatsoever regarding the Property. On or before the expiration last day of the Due Diligence Period, Buyer may shall provide written notice (a Disapproval Approval Notice”) to Seller and Escrow Holder that Buyer wishes to proceed to Closinghas approved the Property. Buyer’s failure to provide a Disapproval an Approval Notice prior to upon the expiration of the Due Diligence Period shall be deemed Buyer’s approval disapproval of the Property. In addition, at At any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller and Escrow Holder disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply.

Appears in 3 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement (US Federal Properties Trust Inc.), Real Estate Purchase Agreement (US Federal Properties Trust Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approveapprove or disapprove, in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, any Supplemental Report, the Survey, the UCC Searches or any other matter whatsoever regarding the Property. On or before the expiration last day of the Due Diligence Period, Buyer may shall provide written notice (a Disapproval Approval Notice”) to Seller and Escrow Agent that Buyer wishes to proceed to Closinghas approved the Property. Buyer’s failure to provide a Disapproval an Approval Notice prior to upon the expiration of the Due Diligence Period shall be deemed Buyer’s approval disapproval of the Property. In addition, at At any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller and Escrow Agent disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement (TNP Strategic Retail Trust, Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approve, in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, the Survey, or any other matter whatsoever regarding the Property. On or before the expiration of the Due Diligence Period, Buyer may provide written notice (a “Disapproval Notice”) to Seller that Buyer wishes to proceed to Closing. Buyer’s failure to provide a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of the Property. In addition, at any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (Medalist Diversified REIT, Inc.), Real Estate Purchase and Sale Agreement (Medalist Diversified REIT, Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approve, approve in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, any Supplemental Report, the Survey, the UCC Searches, or any other matter whatsoever regarding the Property. On or before the expiration last day of the Due Diligence Period, Buyer may provide written notice (a Disapproval Approval Notice”) to Seller and Escrow Holder that Buyer wishes to proceed to Closing. Buyer’s failure to provide a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of has approved the Property. In addition, at At any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller and Escrow Holder disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply. Unless Buyer provides to Seller a Disapproval Notice on or before the expiration of the Due Diligence Period, Buyer shall be deemed to have approved the Property, and in such event (or if Buyer provides an Approval Notice), Buyer shall have waived its right to terminate this Agreement pursuant to this Section.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement (US Federal Properties Trust Inc.), Real Estate Purchase Agreement (US Federal Properties Trust Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approve, approve in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, any Supplemental Report, the Survey, the UCC Searches, or any other matter whatsoever regarding the Property. On or before the expiration last day of the Due Diligence Period, Buyer may shall provide written notice (a “Disapproval Notice”) to Seller and Escrow Holder that Buyer wishes to proceed to Closinghas disapproved the Property. Buyer’s failure to provide a Disapproval Notice prior to upon the expiration of the Due Diligence Period shall be deemed Buyer’s an approval of the Property. In addition, at At any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice a Disapproval Notice to Seller and Escrow Holder disapproving the Property (“Disapproval Notice”)Property. Upon the giving of a Disapproval Notice or the deemed disapproval of the PropertyNotice, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement (US Federal Properties Trust Inc.), Real Estate Purchase Agreement (US Federal Properties Trust Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approve, approve in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, any Supplemental Report, the Survey, the UCC Searches, or any other matter whatsoever regarding the Property. On or before the expiration last day of the Due Diligence Period, Buyer may shall provide written notice (a Disapproval Approval Notice”) to Seller and Escrow Holder that Buyer wishes to proceed to Closinghas approved the Property. Buyer’s failure to provide a Disapproval an Approval Notice prior to upon the expiration of the Due Diligence Period shall be deemed Buyer’s approval disapproval of the Property. In addition, at At any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller and Escrow Holder disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 3.5 shall apply.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement (US Federal Properties Trust Inc.), Real Estate Purchase Agreement (US Federal Properties Trust Inc.)

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Buyer’s Possible Early Termination. Buyer shall have the right to approve, approve or disapprove in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, the Survey, or any other matter whatsoever regarding the Property. On or before the expiration of the Due Diligence Period, Buyer may provide written notice (a “Disapproval Notice”) to Seller that Buyer wishes to proceed to Closing. Buyer’s failure to provide a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of the Property. In addition, at At any time prior to or on the expiration of the Due Diligence Period, Buyer may provide written notice to Seller disapproving the Property for purposes of this Article 3 and electing to terminate this Agreement (“Disapproval Notice”) or written notice of its approval of the Property (“Approval Notice”). Upon the giving of Unless Buyer provides Seller with a Disapproval Notice prior to or on the deemed disapproval expiration of the PropertyDue Diligence Period, Buyer shall be deemed to have waived its right to terminate this Agreement shall automatically terminate pursuant to this Section 3.5, and the provisions Deposit shall become nonrefundable, except as set forth in Section 1.4.2 above. Notwithstanding anything herein to the contrary, an Approval Notice or deemed approval of Section 3.6 the Property shall applynot be deemed to be a waiver by Buyer of any other rights of termination it may have as set forth herein.

Appears in 1 contract

Samples: Real Estate Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approveapprove or disapprove, in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, the Survey, or any other matter whatsoever regarding the Property. On or before the expiration of the Due Diligence Period, Buyer may provide written notice (a “Disapproval Notice”) to Seller that Buyer wishes to proceed to Closing. Buyer’s failure to provide a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of the Property. In addition, at At any time prior to or on the expiration of the Due Diligence Period, Buyer may provide written notice to Seller disapproving the Property for purposes of this Article III (a “Disapproval Notice”). Upon the giving Unless Buyer provides Seller with a written notice of a Disapproval Notice or the deemed disapproval its approval of the PropertyProperty (an “Approval Notice”) prior to or on the expiration of the Due Diligence Period, this Agreement shall automatically terminate and the provisions of Section 3.6 shall apply. Notwithstanding anything herein to the contrary, an Approval Notice shall not be deemed to be a waiver by Buyer of any other rights of termination it may have as set forth herein.

Appears in 1 contract

Samples: Real Estate Purchase Agreement and Escrow Instructions (Griffin-American Healthcare REIT III, Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approve, approve in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, the Survey, or and any other matter whatsoever regarding the Property. On or before the expiration last day of the Due Diligence Period, Buyer may shall provide written notice (a Disapproval Approval Notice”) to Seller and Escrow Agent that Buyer wishes to proceed to Closinghas approved the Property. Buyer’s failure to provide a Disapproval an Approval Notice prior to upon the expiration of the Due Diligence Period shall be deemed Buyer’s approval disapproval of the Property. In addition, at At any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller and Escrow Agent disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the Property, this Agreement shall automatically terminate and the provisions of Section 3.6 3.7 below shall apply.

Appears in 1 contract

Samples: Real Estate Purchase Agreement (TNP Strategic Retail Trust, Inc.)

Buyer’s Possible Early Termination. Buyer shall have the right to approve, in Buyer's ’s sole and absolute discretion, the Property, the Property Information, the Preliminary Report, the Survey, or any other matter whatsoever regarding the Property. On or before the expiration of the Due Diligence Period, Buyer may provide written notice (a an Disapproval Approval Notice”) to Seller that Buyer wishes to proceed to Closing. Buyer’s failure to provide a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of the Property. In addition, at any time prior to the expiration of the Due Diligence Period, Buyer may provide written notice to Seller disapproving the Property (“Disapproval Notice”). Upon the giving of a Disapproval Notice or the deemed disapproval of the PropertyNotice, this Agreement shall automatically terminate terminate, and the provisions of Section 3.6 shall apply. Buyer’s failure to provide an Approval Notice or a Disapproval Notice prior to the expiration of the Due Diligence Period shall be deemed Buyer’s approval of the Property.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Medalist Diversified REIT, Inc.)

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