Conditions Precedent Favoring Seller. In addition to any other condition precedent in favor of Seller as may be expressly set forth elsewhere in this Agreement, Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 5.5 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or part only by written notice of such waiver from Seller to Buyer and written acceptance of such waiver by Buyer.
Conditions Precedent Favoring Seller. In addition to any other condition precedent in favor of Seller set forth elsewhere in this Agreement, Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 6.2 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or part only by written notice of such waiver from Seller to Purchaser. (a) Purchaser shall have performed and complied in all material respects with all of the terms of this Agreement to be performed and complied with by Purchaser prior to or at the Closing; and (b) On the Closing Date, the representations of Purchaser set forth in Section 7.2 shall be true, accurate and complete. Section 6.3.
Conditions Precedent Favoring Seller. Seller hereby acknowledges and agrees that it has approved the form of that certain Termination Fee Agreement attached hereto as Exhibit O described in paragraph 5 of the Second Amendment.
Conditions Precedent Favoring Seller. In addition to any other condition
Conditions Precedent Favoring Seller. In addition to any other condition precedent in favor of Seller as may be expressly set forth elsewhere in this Agreement, Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 3.3 on or before the Closing Date.
Conditions Precedent Favoring Seller. Notwithstanding anything to the contrary in the Agreement, the parties hereto hereby acknowledge and agree that the following condition precedent in favor of the Seller shall be added to Section 5.5 of the Agreement:
Conditions Precedent Favoring Seller. In addition to any other condition precedent in favor of Seller as may be expressly set forth elsewhere in this Agreement, Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 5.5 on or before the Closing Date, or such earlier date as is set forth below and, in the event the conditions set forth in this Section 5.5 are not satisfied by Closing, Seller shall be entitled to terminate this Agreement by written notice to Buyer and Escrow Agent, in which event the entire Deposit shall be released to Buyer and this Agreement terminated in accordance with the provisions of Section 3.7, above, except in the event that the failure of any of the conditions set forth in this Section 5.5 is the result of a breach by Buyer which would entitle Seller to liquidated damages under Section 6.1, below, in which case the procedures set forth in Section 6.1 below shall apply. Each condition may be waived in whole or part only by written notice of such waiver from Seller to Buyer and written acceptance of such waiver by Buyer. The Closing of the transaction contemplated herein shall be conclusively deemed a waiver of any condition precedent for Seller’s benefit, except as to the material breach of any representation or warranty if Seller did not know, and had no reason to know, thereof as of the Closing Date.
Conditions Precedent Favoring Seller. In addition to those documents described in Section 5.5.5 of the Original Purchase Agreement, the Seller shall receive, on or prior to the Closing Date, a Buyer-executed counterpart to that certain Termination Fee Agreement, the form of which is subject to Seller’s reasonable review and approval.
