Conditions to the Seller's Performance. The Seller shall have the right, at the Seller's sole discretion, to extend the Expiration Date or to terminate this Agreement if:
(a) full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the closing or the mortgage insurance company exercises its right to acquire title to the Property;
(b) the Seller determines that it is unable to convey title to the Property insurable by a reputable title insurance company at regular rates;
(c) the Seller at any time has requested that the servicing lender, or any other party, repurchase the loan previously secured by the Property and/or such lender or other party has elected to repurchase the property;
(d) a third party with rights related to the sale of the property does not approve the sale terms;
(e) full payment of any property, fire or hazard insurance claim is not confirmed prior to the closing ;
(f) any third party, whether tenant, homeowner’s association, or otherwise, exercises rights under a right of first refusal to purchase the Property;
(g) the Purchaser is the former mortgagor of the Property, or is related to or affiliated in any way with the former mortgagor, and the Purchaser has not disclosed this fact to the Seller prior to the Seller’s acceptance of this Agreement. Such failure to disclose shall constitute default under this Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the xxxxxxx money deposit;
(h) the Seller, at the Seller’s sole discretion, determines that the sale of the Property to the Purchaser or any related transactions are in any way associated with illegal activity of any kind;
(i) the Agreement was accepted and executed by Seller in noncompliance with Xxxxxx Mae procedures or guidelines;
(j) Seller determines in its sole discretion that the sale of the Property will subject Seller to liability and/or have an impact on pending, threatened or potential litigation; or
(k) material misrepresentation by the Purchaser. In the event the Seller elects to terminate this Agreement as a result of (a), (b), (c), (d), (e), (f), (i) or (j) above, the Seller shall return the Purchaser's xxxxxxx money deposit.
Conditions to the Seller's Performance. The Sellers' obligation to convey each building included in the Pending Projects is subject in each instance to the following conditions precedent:
(a) The Purchaser's representations and warranties in this Agreement being correct in all material respects as of each Closing Date; and
(b) The Purchaser's performance of all of its obligations to acquire such property under this Agreement.
(c) The Purchaser shall not have elected to terminate such obligation in conformity with the provisions of Section II or Section 12. The foregoing conditions shall be for the benefit of, and may be waived only by, the Participating Sellers with respect to each acquired property. Upon the non-satisfaction of any of the foregoing conditions, unless waived by such Participating Sellers, their obligation to convey the particular property shall terminate.
Conditions to the Seller's Performance. In addition to the conditions set forth in Section 7.1 hereof, the obligation of the Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Seller in its sole discretion:
(a) the Buyer shall have executed and delivered to the Seller each Sale Document;
(b) each Sale Document shall be in full force and effect; and
(c) the Buyer shall not be in breach of any of the Sale Documents.
Conditions to the Seller's Performance. The obligations of the Sellers hereunder shall be subject to the satisfaction, prior to or at the Closing, of the following conditions (any of which may be waived, in whole or in part, by the Sellers):
