Conditions to the Close of Escrow. Xxxxx’s obligation to close the transaction is subject to the satisfaction of all of the following conditions precedent, which are for Buyer’s benefit and may be waived only by Xxxxx: 4.6.1 Seller shall have performed all agreements to be performed by Seller hereunder; 4.6.2 As of the Close of Escrow, there shall have been no material adverse changes in the physical condition of the Property since Buyer’s inspection; 4.6.3 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer subject only to the Approved Title Exceptions. If any of such conditions to Close of Escrow are not timely satisfied, Buyer may terminate this Agreement by written notice to Seller, and Escrow Holder shall promptly return to Buyer all other funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Section 4.11 below).
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Conditions to the Close of Escrow. XxxxxEscrow shall not close unless and until both parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in this Agreement. Additionally, Buyer’s obligation to close proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer’s benefit and may be waived only by XxxxxBuyer:
4.6.1 4.5.1 Seller shall have performed all agreements to be performed by Seller hereunder;.
4.6.2 As of the Close of Escrow, there shall have been no material adverse changes in the physical condition of the Property since Buyer’s inspection;
4.6.3 4.5.2 Title Company shall have issued or shall have committed to issue the Title Policy to Buyer, for the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer subject only to the Approved Title Exceptions. If any of such the conditions to Close of Escrow are not timely satisfiedsatisfied for a reason other than a default of Buyer or Seller under this Agreement, Buyer may terminate and this Agreement by written notice to Selleris terminated, and then upon termination of this Agreement, Escrow Holder shall promptly return to Buyer all other funds (and all interest accrued thereon) and documents deposited by Buyer in escrow and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, however, the amount of any cancellation charges required to be paid by such party under Section 4.11 below).
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement