Common use of Conditions Precedent to Purchaser’s Performance Clause in Contracts

Conditions Precedent to Purchaser’s Performance. The obligation of Purchaser to close the transaction described in this Agreement shall be subject to the following conditions precedent: (a) All the representations and warranties of Seller set forth in this Agreement shall be true and correct in all material respects as of the Effective Date and on the Closing Date, and Seller shall have complied with all covenants and agreements of Seller set forth herein in all material respects. (b) Seller shall have tendered performance of all of its obligations required by this Agreement. (c) Neither the Seller nor any of the Property shall be subject to any pending bankruptcy proceeding or similar proceeding at Closing; and In the event that any of the above conditions are not satisfied or waived in writing by Purchaser prior to the Closing, Purchaser may terminate this Agreement by delivery of written notice to Seller on or before the Closing Date. In the event of termination pursuant to this section, the Xxxxxxx Money shall be immediately refunded to Purchaser free of any claims by Seller.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Maple X, Inc.), Purchase and Sale Agreement (Maple X, Inc.), Purchase and Sale Agreement (Maple X, Inc.)

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Conditions Precedent to Purchaser’s Performance. The obligation of Purchaser to close consummate the transaction described in this Agreement Agreement, shall be subject to the following conditions precedent, any one or more of which may be waived by Purchaser in writing: (a) All the The representations and warranties of Seller set forth in Section 4.4 of this Agreement shall be true and correct in all material respects as of the Effective Date and on the Closing Date, and Seller shall have complied with all covenants and agreements of Seller set forth herein in all material respects. (b) Seller shall have tendered performance performed or complied in all material respects with all covenants, acts and agreements to be performed or complied with by Seller at or prior to the Closing under the terms of all of its obligations required by this Agreement. (c) Neither the Seller nor any of the Property shall be subject to any pending bankruptcy proceeding or similar proceeding at Closing; and . In the event that any of the above foregoing conditions are have not been satisfied or waived in writing by Purchaser prior at the time for which the Closing is to the Closingtake place, Purchaser may terminate this Agreement by delivery of a written termination notice to Seller on or before prior to the Closing Date. In the Closing, in which event of termination pursuant to this section, the Xxxxxxx Money shall be immediately refunded returned to Purchaser free of any claims by SellerSeller and the parties shall have no further obligations under this Agreement other than the Surviving Obligations.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Conditions Precedent to Purchaser’s Performance. The obligation of Purchaser to close the transaction described in this Agreement Contract shall be subject to the following conditions precedent: (a) All the representations and warranties of Seller set forth in this Agreement Contract shall be true and correct in all material respects as of the Effective Date and on the Closing Datedate, and Seller shall have complied with all covenants and agreements of Seller set forth herein in all material respectsherein. (b) Seller shall have tendered performance of all of its obligations required by this Agreement. (c) Neither the Seller nor any of the Property There shall be subject to any pending bankruptcy proceeding no material change in the matters reflected on the Title Commitment or similar proceeding at Closing; Survey from those matters appearing therein on the date thereof (except those changes requested by Purchaser in its notice of Title Defects), and no encumbrance or Title Defect shall affect the Land except the Permitted Exceptions. In the event that any of the above conditions are not satisfied or waived in writing by Purchaser prior to the Closing, Purchaser may terminate this Agreement Contract by delivery of written notice to Seller on or before the Closing Date. In the event of termination pursuant to this section, the Xxxxxxx Money shall be immediately refunded to Purchaser free of any claims by Seller.

Appears in 1 contract

Samples: Contract of Sale in Lieu of Condemnation (American Locker Group Inc)

Conditions Precedent to Purchaser’s Performance. The obligation of Purchaser to close the transaction described in this Agreement shall be subject to the following conditions precedent: (a) All the representations and warranties of Seller set forth in this Agreement shall be true and correct in all material respects as of the Effective Date and on the Closing Date, and Seller shall have complied with all covenants and agreements of Seller set forth herein in all material respectsherein. (b) Seller shall have tendered performance of all of its obligations required by this Agreement. (c) Neither None of the Seller nor Sellers or any of the Property shall be subject to any pending or threatened bankruptcy proceeding or similar proceeding at Closing; and In the event that any of the above conditions are not satisfied or waived in writing by Purchaser prior to the Closing, Purchaser may terminate this Agreement by delivery of written notice to Seller on or before the Closing Date. In the event of termination pursuant to this section, the Xxxxxxx Money shall be immediately refunded to Purchaser free of any claims by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Maple X, Inc.)

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Conditions Precedent to Purchaser’s Performance. The obligation of Purchaser to close the transaction described in this Agreement shall be subject to the following conditions precedent: (a) All the representations and warranties of Seller set forth in this Agreement shall be true and correct in all material respects as of the Effective Date and on the Closing Date, and Seller shall have complied with all covenants and agreements of Seller set forth herein in all material respects. (b) Seller shall have tendered performance of all of its obligations required by this Agreement. (c) Neither the Seller nor any of the Property shall be subject to any pending bankruptcy proceeding or similar proceeding procedding at Closing; and In the event that any of the above conditions are not satisfied or waived in writing by Purchaser prior to the Closing, Purchaser may terminate this Agreement by delivery of written notice to Seller on or before the Closing Date. In the event of termination pursuant to this section, the Xxxxxxx Money shall be immediately refunded to Purchaser free of any claims by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Maple X, Inc.)

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