Delivery of Due Diligence Documents. Seller agrees to deliver to Buyer, without charge to Buyer, copies of the documents set forth on Exhibit K, to the extent in possession of the Seller or reasonably available to the Seller at no additional expense to the Seller (collectively the “Due Diligence Documents”). In addition to the foregoing, (1) Buyer shall have the right to interview tenants on the Property upon the giving of notice thereof to the Seller who shall have an opportunity to be present, and (2) Seller hereby agrees to promptly deliver or make available to Buyer any other documents relating to the Property reasonably requested by Buyer
Delivery of Due Diligence Documents. To the extent not already delivered to KBS on the Effective Date, on or before the dates set forth in Schedule C attached hereto, GKK Stars shall cause to be delivered to KBS the documents and information set forth in Schedule C attached hereto to the extent that the same is in the possession of GKK Stars, any of its Affiliates or any property manager that is party to a management contract with GKK Stars or its Affiliates.
Delivery of Due Diligence Documents. The Operating Partnership acknowledges that prior to the Effective Date, the Company has delivered to it copies of the documents set forth on Exhibit B (collectively the “Due Diligence Documents”). In addition to the foregoing, (1) the Operating Partnership shall have the right to interview tenants on the Property upon the giving of notice thereof to the Company Manager who shall have an opportunity to be present, and (2) the Company Manager hereby agrees to promptly deliver or make available to the Operating Partnership any other documents relating to the Property reasonably requested by the Operating Partnership.
Delivery of Due Diligence Documents. Seller, at its sole cost and expense, has made available and shall continue to make available to Purchaser not later than three (3) Business Days after the Effective Date, for inspection and review, true, correct, complete and legible copies of all Due Diligence Materials, to the extent such Due Diligence Materials are available, i.e., in Seller’s or Manager’s possession or obtainable by Seller with reasonable efforts (“Available Due Diligence Materials”). On or before the third (3rd) Business Day after the Effective Date, Seller shall also deliver to Purchaser a notice (the “Due Diligence Materials Notice”), (i) listing all Available Due Diligence Materials delivered, and (ii) if Seller is unable to deliver all Due Diligence Materials at that time, stating which Due Diligence Materials are not Available Due Diligence Materials and are, therefore, not being delivered to Purchaser. If any Due Diligence Materials are updated, Seller will also make promptly available to Purchaser such updated Due Diligence Materials during the term of this Agreement and shall notify Purchaser that such updated Due Diligence Materials are so available.
Delivery of Due Diligence Documents. Buyer acknowledges that prior to the Effective Date, Seller has delivered to it copies of books and records of each Company, including Organizational Documents (as defined in Section 3.2(iii) below) for each Company and such title, survey and other real property investigation matters as have been requested by Buyer (collectively the “Due Diligence Documents”).
Delivery of Due Diligence Documents. Within ten (10) business day after the Effective Date, as herein defined, Seller will provide to Purchaser a copy of any title information within Seller’s possession, a copy of the most recent survey of the Property, and a copy of environmental reports relative to the Property which have been obtained by Seller, if any. Purchaser acknowledges that any materials provided pursuant to this Paragraph by Seller to Purchaser are made without any representations or warranties as to the accuracy or contents thereof, and Purchaser acknowledges and agrees that it shall not be entitled to rely upon any of such materials. Despite the provision of the materials provided in this Paragraph 5(C), Purchaser acknowledges that it shall be solely responsible for ordering its own title insurance commitment and title insurance policy, providing a current survey, obtaining an environmental audit or report relative to the Property, and any other inspections and reports desired by Purchaser, all at Purchaser’s sole expense.
Delivery of Due Diligence Documents. Within ninety (90) days after the Conversion Date, Borrower shall, and shall cause Guarantors to, provide to Agent all Due Diligence Documents relating to the Collateral. As and when any additional Collateral is required to be subjected to the first and prior lien and encumbrance of the Collateral Documents pursuant to Section 2.22 (c), Borrower shall deliver to Agent the Due Diligence documents pertaining to the additional Collateral.
Delivery of Due Diligence Documents. Buyer acknowledges that prior to the Effective Date, Seller has delivered to it copies of certain documents including the documents (“Loan Documents”) evidencing the loan from Security Bank (“Lender”) secured by the Property (“Loan”) (collectively the "Due Diligence Documents").
Delivery of Due Diligence Documents. No later than five (5) days after the Effective Date, time being of the essence, and thereafter through the date of Closing, Seller shall make available to Purchaser at the Real Property for Purchaser’s review and copying, at Purchaser’s expense, all of Seller’s files relating to the Property, including, without limitation, the following items to the extent in possession of Seller or reasonably available to Seller at no additional expense of Seller (collectively the “Due Diligence Documents”):
(a) Copies of the latest title commitment and title policy with respect to the Property which are in Seller’s possession;
(b) The latest as-built plans or surveys of the Property prepared by a registered and licensed surveyor which are in Seller’s possession;
(c) All Contracts;
(d) Copies of all leases, licenses and other similar agreements;
(e) Copies of any appraisals of the Property in Seller’s possession;
(f) Copies of the two (2) most recent ad valorem tax statements for the Real Property and any tax statement relating to the Personal Property;
(g) Copies of any zoning letters;
(h) All equipment and building warranties and guaranties;
(i) All insurance policies covering the Property, together with a history of claims for the last two (2) calendar years;
(j) Operating income/expense statements for the Property for last two calendar years, together with current year-to date, as well as tenant xxxxxxxx and utility xxxxxxxx for the last calendar year;
(k) Detailed general ledger for the Property for last two calendar years, together with current year-to date;
(l) Operating and Capital Budgets for the Property for last two calendar years, together with current year-to date;
(m) Copies of the floor plans of all buildings on the Property;
(n) Summary of tenant improvements and other capital improvements or repairs to the Property for the past two (2) years, including a history of repairs and replacements to the HVAC and the roof;
(o) Copies of any documents relating to any pending lawsuits relating to the Property; and
(p) Any and all site plans, building plans and specifications, engineering plans, architectural reports, environmental reports (including, asbestos and mold), geological reports, eddy current wind and earthquake tests, owner’s association manual, maintenance reports, ADA compliance reports, certificates of occupancy, certificates of compliance of, on or affecting the Property (including, OSHA, fire and health).
Delivery of Due Diligence Documents. Purchaser acknowledges that prior to the Effective Date, Seller has delivered (in electronic or hard copy format) or made available to Purchaser, such pertinent documents which are reasonably related to the Property which are in the possession of Seller (collectively, the “Property Information”). Seller shall have had no obligation to deliver or make available to Purchaser any Property Information which is privileged or confidential.
