Conditions Precedent to Close of Escrow. The Close of Escrow and the obligations of Agency and Developer hereunder are subject to the satisfaction prior to the Close of Escrow (unless otherwise provided) of the following conditions, and the obligations of the parties with respect to such conditions are as follows:
Conditions Precedent to Close of Escrow. In addition to the documents and funds which must be deposited into Escrow prior to Close of Escrow as detailed in Section 9.2, the following are conditions precedent to Close of Escrow:
Conditions Precedent to Close of Escrow. Seller's obligation to convey the Property and Buyer's obligation to purchase the Property are subject to the satisfaction (or written waiver by the benefitting Party) of the following conditions precedent:
(a) Escrow has not been canceled and/or this Agreement has not been terminated pursuant to Sections 3.4, 3.9 or 4.2;
(b) Title Insurer is prepared to issue the policy of title insurance described in Section 3.13.
Conditions Precedent to Close of Escrow. Buyer and Seller agree that the following items need to be completed prior to the consummation of the escrow:
A. Approvals shall have been granted by the City of Aliso Viejo for the creation of a new mixed-use “town center” project (“Project”);
B. The developer(s) of the Project shall have been selected; and
C. The Buyer, developer(s), and/or other cooperating entities/agents shall have secured all of the land needed for the Project, and shall have modified or established legal lot(s) with assessor parcel numbers (the “Development Parcels”).
D. The Buyer, developer(s), and/or other cooperating entities/agents, working in conjunction with Seller, shall have secured, in a manner consistent with and contemplated by the CC&Rs, all required approvals and consents in writing as required by the CC&Rs, including, but not limited to Sections 1.18, 4, 5.2, 7.1.1, 7.1.6 and 18.14.1 of the Aliso Viejo Town Center CC&Rs, except for Seller’s approval as set forth in Section 5.02(F) below.
E. Parking spaces removed from the Aliso Viejo Town Center as a result of conveyance of the Option Property and such other areas as are incorporated into the Development Parcels, shall be replaced, space for space, in the Project, in addition to such parking spaces as are required to serve the Project. The total amount of parking provided shall meet the minimum requirements set forth in any applicable City zoning standard. During construction and development of the Project, the developer or developers of the Project shall use reasonable efforts to provide for alternative parking for the benefit of owners, tenants, customers and invitees of the Aliso Viejo Park Plaza, during regular operating hours. For purposes of this section, reasonable efforts for alternate parking may include, but not be limited to, construction sequencing, valet parking, shuttle service, as may be appropriate, legal nearby street parking, and the like.
F. Any developer or developers of the Project, and the Project itself, shall be subject to and in compliance with, the CC&Rs, generally, and specifically with respect to the Aliso Viejo Town Center CC&Rs. Any developer or developers of the Project shall also be responsible for their prorata share of assessments and charges as provided under the CC&Rs resulting from the development of the Project. The share of assessments to be paid by and for the Project shall be adjusted, in a manner consistent with the intent of the CC&Rs and based, at a minimum, on a determinatio...
Conditions Precedent to Close of Escrow. The conditions precedent described in this section 2(f) are referred to herein as the “Conditions Precedent.”
Conditions Precedent to Close of Escrow. All Conditions Precedent to the Close of Escrow set forth in Section 401 shall remain satisfied and Developer shall be in continued compliance with all covenants contained in Section 401. 402.2 Approval of Rehabilitation Plans, Construction Contract, and Contractor. Agency shall have approved the Rehabilitation Plans for the Project prepared and submitted by Developer as being in substantial conformity with the Scope of Development, Attachment No. 5, this Agreement, and the Anaheim Municipal Code, all pursuant to the Agency’s standard procedures and as set forth in more detail in Section 801. In addition, Developer shall have submitted to Agency detailed information regarding its methodology for the abatement of asbestos, lead based paint, and other required Hazardous Materials remediation at the Site, if any, and such methodology shall be reasonably satisfactory to Agency. Not later than thirty (30) days following the Closing, Developer shall have submitted a true and complete copy of the Construction Contract to Agency and both the Construction Contract and the identity of the Contractor (selected after obtaining not fewer than three (3) competitive proposals) as well as all engineers and architects shall be reasonably acceptable to Agency.
Conditions Precedent to Close of Escrow. All Conditions Precedent to the Close of Escrow set forth in Section 401 shall remain satisfied and Developer shall be in continued compliance with all covenants contained in Section 401.
Conditions Precedent to Close of Escrow. 5.1 Subject to Satisfaction or Waiver. In addition to the items set forth in Article 4 of this Agreement, the closing of the Escrow is subject to the satisfaction or waiver of the conditions precedent set forth below, in writing, on or before the Closing Date.
Conditions Precedent to Close of Escrow. The Close of Escrow shall not occur prior to satisfaction of all conditions precedent to the closings for the Senior Financing and the Junior Financing. Notwithstanding any other provision, Escrow Holder shall disburse proceeds of the Loan prior to the closings for the Senior Financing and the Junior Financing only if expressly directed by written instructions from First 5 LA.
