Common use of Conditions to Seller’s Obligation to Close Clause in Contracts

Conditions to Seller’s Obligation to Close. (a) Seller will not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it at Closing pursuant to the provisions of this Agreement; (2) Buyer shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof. (b) If the foregoing conditions are not fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon notice to Buyer, to terminate this Agreement, in which event the Deposit shall be returned to Buyer, and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement.

Appears in 14 contracts

Samples: Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.), Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.), Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.)

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Conditions to Seller’s Obligation to Close. (a) Seller will not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it at Closing pursuant to the provisions of this Agreement; (2) Buyer shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof. (b) If the foregoing conditions are not fulfilled on or before the time for Closing hereunderhereunder or waived by Seller in writing, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon notice to Buyer, to terminate this Agreement, in which event the Deposit shall be returned to Buyer, and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement. For the avoidance of doubt, it is understood that if Buyer defaults after the expiration of the Due Diligence period, then the Deposit shall be paid to the Seller.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.), Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.)

Conditions to Seller’s Obligation to Close. (a) Seller will not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer Title Company shall be prepared to pay to Seller have received the Purchase Price and all other amounts due to be paid Seller otherwise under this Agreement in immediately available funds, and all conditions to it at Closing pursuant disbursing the Purchase Price to the provisions of this AgreementSeller shall have been satisfied; (2) Buyer shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and; (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof; and (4) Buyer’s representations and warranties hereunder shall be true and correct as of the Closing Date. (b) If the foregoing conditions are not fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon notice to Buyer, to terminate this Agreement, in which event the Deposit shall be returned to Buyer, and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement.

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.), Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.)

Conditions to Seller’s Obligation to Close. (a) Seller will shall not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer Purchaser shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it at Closing pursuant to the provisions of this Agreement; (2) Buyer Purchaser shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; (3) The representations and warranties of Purchaser contained in this Agreement shall have been true on the date of this Agreement and shall be true at Closing, and Purchaser shall have performed all obligations and complied with all covenants required by to be performed by Purchaser pursuant to this Agreement; and (34) This Agreement shall not have been previously terminated pursuant to any other provision hereof. . (b) If In the event that any of the foregoing conditions are shall not have been fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a17(a) hereof, Seller may elect, upon notice to BuyerPurchaser, to terminate this Agreement, in which event the Deposit Xxxxxxx Money shall be returned to BuyerPurchaser, and neither party shall have any further liability or obligation to the other, other except for the provisions of this Agreement which are that expressly stated to survive the termination of this AgreementClosing or early termination.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Parkway Properties Inc)

Conditions to Seller’s Obligation to Close. (a) Seller will shall not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer Purchaser shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it at Closing pursuant to the provisions of this Agreement; (2) Buyer Purchaser shall be prepared have delivered to deliver to Seller Title Insurer all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof. (b) If In the event that any of the foregoing conditions are shall not have been fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon written notice to BuyerPurchaser, to terminate this Agreement, in which event the Deposit Xxxxxxx Money shall be returned to BuyerPurchaser, and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Nuveen Global Cities REIT, Inc.)

Conditions to Seller’s Obligation to Close. (a) Seller will shall not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer Purchaser shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it at Closing pursuant to the provisions of this Agreement; (2) Buyer Purchaser shall be prepared have delivered to deliver to Seller Title Insurer all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof. (b) If In the event that any of the foregoing conditions are shall not have been fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon written notice to BuyerPurchaser, to terminate this Agreement, in which event the Deposit Xxxxxxx Money shall be returned to BuyerPurchaser, and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement.. REAL ESTATE SALE AGREEMENT XXX XXXXXXXXXX XX XXXXXXXX XXXXXXXX (AURORA, ILLINOIS)

Appears in 1 contract

Samples: Real Estate Sale Agreement

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Conditions to Seller’s Obligation to Close. (a) Seller will not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it at Closing pursuant to the provisions of this Agreement; (2) Buyer shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof. (b) If the foregoing conditions are not fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon notice to Buyer, to terminate this Agreement, in which event the parties shall issue joint written instructions to Escrow to return the Deposit to Buyer (which neither party shall be returned to Buyerwithhold in faith), and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.)

Conditions to Seller’s Obligation to Close. (a) Seller will not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived in writing by Seller: (1) Buyer Title Company shall be prepared to pay to Seller have received the Purchase Price and all other amounts otherwise payable by Buyer under this Agreement in immediately available funds, and all conditions to be paid disbursing the Purchase Price to it at Closing pursuant to the provisions of this AgreementSeller shall have been satisfied; (2) Buyer shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and; (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof; and (4) Buyer’s representations and warranties hereunder shall be true and correct as of the Closing Date. (b) If the foregoing conditions are not fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon notice to Buyer, to terminate this Agreement, in which event the Deposit shall be returned to Buyer, and neither party shall have any further liability or obligation to the other, except for the provisions of this Agreement which are expressly stated to survive the termination of this Agreement.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Reven Housing REIT, Inc.)

Conditions to Seller’s Obligation to Close. (a) Seller will shall not be obligated to proceed with the Closing unless and until each of the following conditions has have been fulfilled or waived in writing by Seller: (1) Buyer Purchaser shall be prepared to pay to Seller the Purchase Price and all other amounts to be paid to it due Seller at Closing pursuant to the provisions of this Agreement; (2) Buyer This Agreement shall not have been previously terminated pursuant to any other provision hereof; and (3) Title Insurer or Purchaser shall be prepared to deliver to Seller all instruments and documents to be delivered to Seller at the Closing pursuant to Section 15 and Section 16 or any other provision of this Agreement; and (3) This Agreement shall not have been previously terminated pursuant to any other provision hereof. (b) If In the event that any of the foregoing conditions are not fulfilled on or before the time for Closing hereunder, then subject to the provisions of Section 18(a) hereof, Seller may elect, upon notice to BuyerPurchaser, to terminate this Agreement, in which event the Deposit Earnest Money shall be returned to BuyerPurchaser, and xxxxxx Purchaser is in default hereunder, in which case Paragraph 15(a) shall apply, neither party shall have any further liability or obligation to the other, other except for the provisions of this Agreement which are expressly stated to survive the termination of this AgreementParagraph 7(b) hereof.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Price T Rowe Renaissance Fund LTD)

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