Common use of DOCUMENTS AND DISCHARGE Clause in Contracts

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller’s control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 26 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale, Agreement of Purchase and Sale

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DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller’s 's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s 's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 17 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale, Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by BuyerXxxxx, Seller will deliver any sketch or survey of the property within Seller’s control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 9 contracts

Samples: Agreement of Purchase and Sale, Purchase and Sale Agreement, Agreement of Purchase and Sale

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by BuyerXxxxx, Seller will deliver any sketch or survey of the property within Seller’s 's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s 's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale, Purchase and Sale Agreement, Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey prior Bills of Sale or other evidence of title to the property Dwelling except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey plans of the property Dwelling, including informational material from the manufacturer, within Seller’s control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage security interest held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s lawyer’s personal undertaking to obtain, out of the closing funds, a registrable discharge in registrable form and to register same, or cause same to be registered, on title registered within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee security interest holder setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee holder of the amount required to obtain the discharge out of the balance due on completion.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale

DOCUMENTS AND DISCHARGE. Buyer The Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property Property except such as are in the possession or control of SellerVendor. If requested by Buyerthe Purchaser, Seller Vendor will deliver any sketch or survey of the property Property within SellerVendor’s control to Buyer the Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer the Purchaser on completion, is not available in registrable registerable form on completion, Buyer the Purchaser agrees to accept SellerVendor’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable registerable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerXxxxxxxxx, Seller Vendor will deliver any sketch or survey of the property within Seller’s Vendor's control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s lawyer’s Vendor's Solicitor's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller the Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerXxxxxxxxx, Seller Vendor will deliver any sketch or survey of the property within SellerVendor’s control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s Vendor's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 2 contracts

Samples: Property Sale Agreement, Property Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property Property except such as are in the possession or control of SellerVendor. If requested by BuyerPurchaser, Seller Vendor will deliver any sketch or survey of the property Property within SellerVendor’s control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s Vendor's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerPurchaser, Seller Vendor will deliver any sketch or survey of the property within Seller’s Vendor's control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s Vendor's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Planet Earth Recycling Inc)

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller’s 's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan loan Companies Act (Canada)!, Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s 's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Put/Call Agreement (Polyair Inter Pack Inc)

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerXxxxxxxxx, Seller Vendor will deliver any sketch or survey of or the property within SellerVendor’s control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Charted Bank, Trust Company, Credit Unionunion, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept SellerVendor’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are is in the possession or control of SellerVendor. If requested by BuyerXxxxxxxxx, Seller Vendor will deliver any sketch or survey of the property within Seller’s Vendor's control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s Vendor's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of to produce any title deed, abstract, survey or other evidence of title to the property Property except such as are in the possession or control of SellerVendor. If requested by BuyerXxxxxxxxx, Seller Vendor will deliver any sketch or survey of the property Property within Seller’s Vendor's control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completionthe Completion Date, is not available in registrable form on completionthe Completion Date, Buyer Purchaser agrees to accept Seller’s lawyer’s Vendor's Solicitor's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completionthe Completion Date, provided that on or before completion Seller the Completion Date the Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller the Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completionthe Completion Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerPurchaser, Seller Vendor will deliver any sketch or survey of the property within Seller’s Vendor's control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s Vendor's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller completion, Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-real- time electronic cleared funds transfer system is not being used, a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller’s 's control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s 's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time INITIALS OF BUYER(S): INITIALS OF SELLER(S): electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller’s control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Asset Purchase Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerPurchaser, Seller Vendor will deliver any sketch or survey of the property within Seller’s Vendor's control to Buyer the Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable registerable form on completion, Buyer Purchaser agrees to accept Seller’s lawyer’s "Vendor's lawyers personal undertaking to obtain, out of the closing funds, a discharge in registrable registerable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Purchase and Sale Agreement

DOCUMENTS AND DISCHARGE. Buyer Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of SellerVendor. If requested by BuyerPurchaser, Seller Vendor will deliver any sketch or survey of the property within Seller’s Vendor's control to Buyer Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer Purchaser on completion, is not available in registrable form on completion, Buyer Purchaser agrees to accept Seller’s Vendor's lawyer’s 's personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller Vendor shall provide to Buyer Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, together with a direction executed by Seller Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Russ Berrie & Co Inc)

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