Effect of Seller’s Knowledge. If Seller has Knowledge prior to Closing of the inaccuracy of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transaction, such representation or warranty by Purchaser with respect to such matter shall be deemed to be modified to reflect such Seller’s Knowledge.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (IMH Financial Corp), Purchase and Sale Agreement (Pebblebrook Hotel Trust), Purchase and Sale Agreement (Pebblebrook Hotel Trust)
Effect of Seller’s Knowledge. If Seller has Knowledge prior to the Closing of the inaccuracy a breach of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transaction, such representation or warranty by Purchaser with respect to such matter shall be deemed to be modified to reflect such Seller’s Knowledge.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Hyatt Hotels Corp), Purchase and Sale Agreement (Xenia Hotels & Resorts, Inc.)
Effect of Seller’s Knowledge. If Seller has Knowledge prior to Closing of the inaccuracy a breach of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transaction, such representation or warranty by Purchaser with respect to such matter shall be deemed to be modified have not been breached to reflect such the extent of Seller’s Knowledge.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Rg Global Lifestyles Inc)
Effect of Seller’s Knowledge. If Seller has Knowledge prior to Closing of the inaccuracy a breach of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transaction, such representation or warranty by Purchaser with respect to such matter shall be deemed to be modified have not been breached to reflect such the extent of Seller’s 's Knowledge.
Appears in 1 contract
Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (Apple Hospitality Five Inc)
Effect of Seller’s Knowledge. If Seller has Knowledge prior to Closing of the inaccuracy a breach of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transaction, such representation or warranty by Purchaser with respect to such matter shall be deemed to be modified to reflect such Seller’s 's Knowledge, and Seller shall have no indemnification claims or rights or remedies against Purchaser with respect thereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Comstock Homebuilding Companies, Inc.)
Effect of Seller’s Knowledge. If Seller has Knowledge prior to Closing of the inaccuracy a breach of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transaction, such representation or warranty by Purchaser with respect to such matter shall be deemed to be modified to reflect such Seller’s 's Knowledge.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Westin Hotels LTD Partnership)
Effect of Seller’s Knowledge. If Seller has Knowledge prior to Closing of the inaccuracy a breach of any representation or warranty made by Purchaser in this Agreement and Seller nevertheless elects to close this transactiontransaction described in this Agreement, such representation or warranty by Purchaser with respect to such matter shall be deemed to be qualified or modified to reflect such Seller’s Knowledge.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Chesapeake Lodging Trust)
