Common use of Cure of Objection Matters Clause in Contracts

Cure of Objection Matters. If Seller timely elects to cure one or more of the Objection Matters pursuant to Section 4.1(e)(ii) hereof, provided Buyer does not terminate this Agreement and the Escrow pursuant to Section 4.1(e)(ii)(B) hereof, Seller shall have until the date that is seven (7) Business Days prior to the Closing Date (such period being referred to as, the “Cure Deadline”) to complete its cure of such Objection Matters, and Seller shall pay all costs associated with the cure of such Objection Matters. If Seller fails to timely cure an Objection Matter that Seller has elected to cure on or before the Cure Deadline, then Seller shall be in default under this Agreement and, in such a case, Buyer may exercise either of the following options as its sole and exclusive remedy on or before the Closing Date: (1) continue this Agreement in effect without modification pursuant to the provisions of Section 4.3(c) hereof and purchase the Property in accordance with the terms and conditions of this Agreement, subject to those Objection Matters that Seller failed to timely cure without a discount in the Purchase Price for the same (which Objection Matters will be deemed to constitute “Permitted Title Exceptions” to the extent such Objection Matters relate to fee title to the Real Property), except to the extent such Objection Matters constitute Monetary Obligations which Seller is obligated to remove pursuant to Section 5.1(f) of this Agreement; or (2) terminate this Agreement and the Escrow pursuant to the provisions of Section 8.5(a) hereof, unless such Objection Matters are the result of a breach by Seller of one or more of the provisions of Section 5.1 hereof, in which case the provisions of Section 8.6(a) shall govern.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)

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Cure of Objection Matters. If any Seller timely elects to: (A) cure all of the Objection Matters applicable to such Seller pursuant to Section 4.1(e)(ii) hereof; or (B) cure one or more some (but not all) of the Objection Matters pursuant to Section 4.1(e)(ii) hereof, provided Buyer does not terminate this Agreement and the Escrow pursuant to Section 4.1(e)(ii)(B) hereof, such Seller shall have until the date that is seven five (75) Business Days prior to the Closing Date (except to the extent such period matters are to be cured by or through a Closing delivery or by applying the net proceeds of the Purchase Price, in which event such Seller shall have until Closing to cure such matters) (such date being referred to as, the “Cure Deadline”) to complete its cure of such Objection MattersMatters to Buyer’s reasonable satisfaction, and such Seller shall pay all costs associated with the such cure of such Objection Matters. If such Seller fails to timely cure an one or more of the Objection Matter Matters that such Seller has elected to cure on or before by the Cure Deadline, then such Seller shall not be in default under this Agreement as a result thereof and, in such a case, Buyer may exercise either of the following options as its sole and exclusive remedy on the Closing Date (or before the Closing Date to the extent such matters were to be cured and were not cured by Seller five (5) Business Days prior to the Closing Date: ): (1) continue this Agreement in effect without modification pursuant to the provisions of Section 4.3(c) 4.3 hereof and purchase the Property in accordance with the terms and conditions of this AgreementAgreement and without any reduction in the Purchase Price, subject to those Objection Matters that Seller failed to timely cure without a discount in the Purchase Price for the same (which Objection Matters will be deemed to constitute “Permitted Title Exceptions” to the extent such Objection Matters relate to fee title to the Real Property), except to the extent one or more of such Objection Matters constitute constitutes Monetary Obligations which such Seller is obligated to remove pursuant to Section 5.1(f) of this Agreement; or (2) terminate this Agreement and the Escrow pursuant to the provisions of Section 8.5(a4.2(c) hereof, unless one or more of such Objection Matters are is the result of a breach by any Seller of one or more of the provisions of Section 5.1 hereof, in which case the provisions of Section 8.6(a) shall govern.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, L.P.)

Cure of Objection Matters. If Seller timely elects to cure one or more of the Objection Matters pursuant to Section 4.1(e)(ii) hereof, provided Buyer does not terminate this Agreement and the Escrow pursuant to Section 4.1(e)(ii)(B) hereofMatters, Seller shall have until the date that is seven (7) Business Days prior to the Closing Date (such period being referred to as, the “Cure Deadline”) to complete its cure of such Objection Matters, and Seller shall pay all costs associated with the such cure of such the Objection Matters. If Seller fails to timely cure an Objection Matter that Seller has elected to cure on or before the Cure Deadline, then Seller shall be in default under this Agreement and, in such a case, Buyer may exercise either of the following options as its sole and exclusive remedy on or before the Closing Date: (1) continue this Agreement in effect without modification pursuant to the provisions of Section 4.3(c) hereof and purchase the Property in accordance with the terms and conditions of this Agreement, subject to those such Objection Matters that which Seller failed to timely cure without a discount in the Purchase Price for the same (which Objection Matters will be deemed to constitute “Permitted Title Exceptions” to the extent such Objection Matters relate to fee title to the Real Property), except to the extent such Objection Matters constitute Monetary Obligations which Seller is obligated to remove pursuant to Section 5.1(f) of this Agreementremove; or (2) terminate this Agreement and the Escrow pursuant to the provisions of Section 8.5(a) hereof, unless such Objection Matters are the result of a breach by Seller of one or more of the provisions of Section 5.1 hereof, in which case the provisions of Section 8.6(a) shall govern.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, Inc.)

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Cure of Objection Matters. If Seller timely elects to cure one or more of the Objection Matters pursuant to Section 4.1(e)(ii) hereof, provided Buyer does not terminate this Agreement and the Escrow pursuant to Section 4.1(e)(ii)(B) hereofMatters, Seller shall have until the date that is seven (7) Business Days prior to immediately preceding the Closing Date (such period being referred to as, the “Cure Deadline”) to complete its cure of such Objection Matters, and Seller shall pay all costs associated with the such cure of such the Objection Matters. If Seller fails to timely cure an Objection Matter that Seller has elected to cure on or before the Cure Deadline, then Seller shall be in default under this Agreement and, in such a case, Buyer may exercise either of the following options as its sole and exclusive remedy on or before the Closing Date: (1) continue this Agreement in effect without modification pursuant to the provisions of Section 4.3(c) hereof and purchase the Property in accordance with the terms and conditions of this Agreement, subject to those such Objection Matters that which Seller failed to timely cure without a discount in the Purchase Price for the same (which Objection Matters will be deemed to constitute “Permitted Title Exceptions” to the extent such Objection Matters relate to fee title to the Real Property), except to the extent such Objection Matters constitute Monetary Obligations which Seller is obligated to remove pursuant to Section 5.1(f) of this Agreementremove; or (2) terminate this Agreement and the Escrow pursuant to the provisions of Section 8.5(a) hereof, unless such Objection Matters are the result of a breach by Seller of one or more of the provisions of Section 5.1 hereof, in which case the provisions of Section 8.6(a) hereof shall govern.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Excel Trust, Inc.)

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