Conditions to Purchaser’s Obligations to Close. The obligation of Purchaser to close under this Agreement and to pay the balance of the Purchase Price hereunder shall be subject to the fulfillment on and as of the Closing Date of all of the following conditions (in addition to any other conditions to Purchaser's obligation under this Agreement which are set forth elsewhere herein): 27.1. Seller shall have delivered to Purchaser all of the items required to be delivered to Purchaser pursuant to the terms of this Agreement. 27.2. Seller shall have performed and observed, in all material respects, all covenants, agreements and conditions of this Agreement to be performed and observed by Seller as of the Closing Date. Purchaser shall have the right, at its election, at or prior to the Closing by notice to Seller, to waive any condition set forth in this Agreement to its obligation hereunder and by effecting the Closing, Purchaser shall be deemed to have waived any such condition not then fulfilled.
Appears in 4 contracts
Samples: Agreement of Sale (Balcor Pension Investors Vi), Sale Agreement (Balcor Pension Investors Iv), Sale Agreement (Balcor Pension Investors Iii)
