Common use of Delayed Adjustment; Delivery of Operating and Other Financial Statements Clause in Contracts

Delayed Adjustment; Delivery of Operating and Other Financial Statements. If at any time following the Closing Date, the amount of an item listed in any section of this Article 5 shall prove to be incorrect (whether as a result in an error in calculation or a lack of complete and accurate information as of the Closing), the party in whose favor the error was made shall promptly pay to the other party the sum necessary to correct such error upon receipt of proof of such error, provided that such proof is delivered to the party from whom payment is requested on or before eighteen (18) months after Closing (such period being referred to herein as the "POST CLOSING ADJUSTMENT PERIOD"). In order to enable Seller to determine whether any such delayed adjustment is necessary, Buyer shall provide to Seller current operating and financial statements for the Property no later than the date one (1) month prior to the expiration of the Post-Closing Adjustment Period and at other times upon Seller's written request. The provisions of this Section 5.7 shall survive the Closing and not be merged therein.

Appears in 5 contracts

Samples: Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc), Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc), Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc)

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Delayed Adjustment; Delivery of Operating and Other Financial Statements. If at any time following the Closing Date, the amount of an item listed in any section of this Article 5 6 shall prove to be incorrect (whether as a result in an error in calculation or a lack of complete and accurate information as of the Closing), the party in whose favor the error was made shall promptly pay to the other party the sum necessary to correct such error upon receipt of proof of such error, provided that such proof is delivered to the party from whom payment is requested on or before eighteen one (181) months year after Closing (such period being referred to herein as the "POST CLOSING ADJUSTMENT PERIOD"“Post Closing Adjustment Period”). In order to enable Seller to determine whether any such delayed adjustment is necessary, Buyer shall provide to Seller current operating and financial statements for the Property no later than the date one (1) month prior to the expiration of the Post-Closing Adjustment Period and at other times upon Seller's written requestPeriod. The provisions of this Section 5.7 6.7 shall survive the Closing and not be merged therein.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (NTS Realty Holdings Lp), Purchase and Sale Agreement (NTS Realty Holdings Lp)

Delayed Adjustment; Delivery of Operating and Other Financial Statements. If at any time following the Closing Date, the amount of an item listed in any section of this Article 5 7 shall prove to be incorrect (whether as a result in of an error in calculation or a lack of complete and accurate information as of the Closing), the party in whose favor the error was made shall promptly pay to the other party the sum necessary to correct such error upon receipt of written proof of such error, provided that such proof is delivered to the party from whom payment is requested on or before eighteen (18) months one year after Closing (such period being referred to herein as the "POST CLOSING ADJUSTMENT PERIOD"“Post Closing Adjustment Period”). In order to enable Seller to determine whether any such delayed adjustment is necessary, Buyer shall provide to Seller current operating and financial statements for the Property Properties, as applicable, no later than the date one (1) month prior to the expiration of the Post-Closing Adjustment Period and at other times upon Seller's written requestPeriod. The provisions of this Section 5.7 7.7 shall survive the Closing and not be merged therein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Extra Space Storage Inc.)

Delayed Adjustment; Delivery of Operating and Other Financial Statements. If at any time following the Closing Date, the amount of an item listed in any section of this Article 5 6 shall prove to be incorrect (whether as a result in an error in calculation or a lack of complete and accurate information as of the Closing), the party in whose favor the error was made shall promptly pay to the other party the sum necessary to correct such error upon receipt of proof of such error, provided that such proof is delivered to the party from whom payment is requested on or before eighteen one (181) months year after Closing (such period being referred to herein as the "POST CLOSING ADJUSTMENT PERIODPost Closing Adjustment Period"). In order to enable Seller to determine whether any such delayed adjustment is necessary, Buyer shall provide to Seller current operating and financial statements for the Property no later than the date one (1) month prior to the expiration of the Post-Closing Adjustment Period and at other times upon Seller's written requestPeriod. The provisions of this Section 5.7 6.12 shall survive the Closing and not be merged therein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pennsylvania Real Estate Investment Trust)

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Delayed Adjustment; Delivery of Operating and Other Financial Statements. If at any time following the Closing Date, the amount of an item listed in any section of this Article 5 IV shall prove to be incorrect (whether as a result in an error in calculation or a lack of complete and accurate information as of the Closing), the party in whose favor the error was made shall promptly pay to the other party the sum necessary to correct such error upon receipt of proof of such error, provided that such proof is delivered to the party from whom payment is requested on or before eighteen six (186) months after Closing (such period being referred to herein as the "POST CLOSING ADJUSTMENT PERIOD"“Post Closing Adjustment Period”). In order to enable Seller to determine whether any such delayed adjustment is necessary, Buyer Purchaser shall provide to Seller current operating and financial statements for the Property no later than the date one (1) month prior to the expiration of the Post-Closing Adjustment Period and at other times upon Seller's written requestPeriod. The provisions of this Section 5.7 4.6 shall survive the Closing and not be merged therein.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hemispherx Biopharma Inc)

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