Consequences of Buyer’s Early Termination. Unless Buyer provides an Approval Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the expiration of the Due Diligence Period. If Buyer provides a Disapproval Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the giving of such notice. In the event of either of the foregoing, the parties shall be released from all further obligations under this Agreement (except with respect to any provisions that by their terms survive a termination of this Agreement); provided, however, if either party is in default hereunder at the time of such termination, Article 6 shall additionally apply, nevertheless Escrow Agent shall pay the entire Deposit (and any interest accrued thereon) to Buyer not later than one (1) Business Day following the termination of this Agreement. No notice to Escrow Agent from Seller shall be required for the release of the Deposit to Buyer by Escrow Agent under this Section, and the Deposit (and any interest accrued thereon) shall be released and delivered to Buyer upon Escrow Agent’s receipt of Buyer’s confirmation of termination of the Agreement pursuant to this Article 3, despite any objection or potential objection by Seller.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Consequences of Buyer’s Early Termination. Unless Buyer provides an Approval Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the expiration of the Due Diligence Period. If Buyer provides a Disapproval Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the giving of such notice. In the event of either of the foregoing, the parties shall be released from all further obligations under this Agreement (except with respect to any provisions that by their terms survive a termination of this Agreement); provided, however, that if either party Seller is in default hereunder at the time of such termination, Article 6 Section 6.2 shall additionally apply, nevertheless . Escrow Agent shall pay the entire Deposit (and any interest accrued thereon) to Buyer not later than one (1) Business Day following the termination of this Agreement. No notice to Escrow Agent from Seller shall be required for the release of the Deposit to Buyer by Escrow Agent under this Section, and the Deposit (and any interest accrued thereon) shall be released and delivered to Buyer upon Escrow Agent’s receipt of Buyer’s confirmation of termination of the Agreement pursuant to this Article 3, despite any objection or potential objection by Seller.
Appears in 3 contracts
Samples: Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)
Consequences of Buyer’s Early Termination. Unless Buyer provides an Approval Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the expiration of the Due Diligence Period. If Buyer provides a Disapproval Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the giving of such notice. In the event of either of the foregoing, the parties shall be released from all further obligations under this Agreement (except with respect to any provisions that by their terms survive a termination of this Agreement); provided, however, that if either party Seller is in default hereunder at the time of such termination, Article 6 Section 6.2 shall additionally apply, nevertheless . Escrow Agent shall pay the entire Deposit (and any interest accrued thereon) to Buyer not later than one (1) Business Day following the termination of this Agreement. No notice to Escrow Agent from Seller shall be required for the release of the Deposit to Buyer by Escrow Agent under this Section, and the Deposit (and any interest accrued thereon) shall be released and delivered to Buyer upon Escrow Agent’s receipt of Buyer’s confirmation of termination of the Agreement pursuant to this Article 3, despite any objection or potential objection by Seller. Buyer shall return to Seller all Property Information provided by Seller to Buyer and all other reports, title, survey, etc. obtained by Buyer concerning the Property with the Disapproval Notice; provided that the delivery of such items shall not be a precondition to the release of the Deposit to Buyer.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)
Consequences of Buyer’s Early Termination. Unless Buyer provides an Approval Notice to Seller pursuant to Section 3.5, supra, this Agreement shall immediately terminate upon the expiration of the Due Diligence Period. If Buyer provides a Disapproval Notice to Seller pursuant to Section 3.5, supra, this Agreement shall immediately terminate upon the giving of such notice. In the event of either of the foregoing, the parties shall be released from all further obligations under this Agreement (except with respect to any provisions that by their terms survive a termination of this Agreement); provided, however, that if either party Seller is in default hereunder at the time of such termination, Article 6 Section 6.2, infra, shall additionally apply, nevertheless . Escrow Agent shall pay the entire Deposit (and any interest accrued thereon) to Buyer not later than one (1) Business Day following the termination of this Agreement. No notice to Escrow Agent from Seller shall be required for the release of the Deposit to Buyer by Escrow Agent under this SectionSection 3.6, and the Deposit (and any interest accrued thereon) shall be released and delivered to Buyer upon Escrow Agent’s receipt of Buyer’s confirmation of termination of the Agreement pursuant to this Article 3, despite any objection or potential objection by Seller.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.)
Consequences of Buyer’s Early Termination. Unless Buyer provides an Approval a DDP Waiver Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the expiration of the Due Diligence Period. If Buyer provides a Disapproval Termination Notice to Seller pursuant to Section 3.5, this Agreement shall immediately terminate upon the giving of such notice. In the event of either of the foregoing, the parties shall be released from all further obligations under this Agreement (except with respect to any provisions that by their terms survive a termination of this Agreement); provided, however, that if either party Seller is in default or breach hereunder at the time of such termination, Article 6 Section 6.2 shall additionally apply, nevertheless . Escrow Agent shall pay the entire Deposit (and any interest accrued thereon) to Buyer not later than one (1) Business Day following the termination of this Agreement. No notice to Escrow Agent from Seller shall be required for the release of the Deposit to Buyer by Escrow Agent under this Section, and the Deposit (and any interest accrued thereon) shall be released and delivered to Buyer upon Escrow Agent’s receipt of Buyer’s confirmation of termination of the Agreement pursuant to this Article 3, despite any objection or potential objection by Seller.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.)