Failure of Buyer’s Conditions to Closing Sample Clauses

Failure of Buyer’s Conditions to Closing. At any time or times on or before the date for the satisfaction or waiver of each condition, at Buyer's election, Buyer may waive any of the foregoing conditions by written notice to Seller. Other than Buyer's close of escrow pursuant to this Agreement which shall waive all such unfulfilled conditions, no waiver shall be effective unless made in writing specific as to the conditions or matters so waived. In the event any of the conditions set forth in Sections 5.1.1, 5.1.2 or 5.1.3 above are not satisfied (or waived in writing by Buyer) on or before 5:00 p.m. Pacific time on the expiration of the Feasibility Period, then this Agreement shall terminate automatically, the First Deposit made by Buyer hereunder (together with all interest accrued thereon while in escrow) shall be promptly returned to Buyer and all covenants and agreements of the parties hereunder (except for those covenants and agreements that expressly survive termination of this Agreement) shall cease. If any of the conditions described in Section 5.1.4 or 5.1.5 are not satisfied (or waived in writing by Buyer) on or prior to the time prescribed therein, then Buyer shall have the right to terminate this Agreement upon written notice to Seller and, in the event of such termination, all covenants and agreements of the parties hereunder (except for those covenants and agreements that expressly survive termination of this Agreement) shall cease and Buyer shall be entitled to the prompt return of the Total Deposit made by Buyer and all interest accrued thereon while in escrow. If any of the conditions described in Section 5.1.6 are not satisfied or waived in writing by Buyer on or prior to the time prescribed herein, then, in addition to its rights and remedies described in Section 11.1 below, if applicable, Buyer shall have the right to terminate this Agreement upon written notice to Seller and, in the event of such termination, Buyer shall be entitled to the prompt return of its Total Deposit and all interest accrued thereon while in escrow. If, following the expiration of the Feasibility Period, the condition in Section 5.1.7 is not satisfied (or waived in writing by Buyer) on or before 5:00 p.m. Pacific time on the expiration of the Financing Contingency Period, then this Agreement shall terminate automatically, the First Deposit made by Buyer hereunder shall be paid to Seller as liquidated damages (and Buyer shall be entitled to receive the interest accrued on the First Deposit while in escr...
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Related to Failure of Buyer’s Conditions to Closing

  • Buyer’s Conditions to Closing The obligation of Buyer to consummate the Closing is subject to the fulfillment of each of the following conditions (except to the extent waived in writing by Buyer in its sole discretion):

  • Purchaser’s Conditions to Closing The obligations of the Purchaser under this Agreement shall be subject to the satisfaction, on or prior to the Closing Date, of the following conditions:

  • Seller's Conditions to Closing The obligations of the Seller under this Agreement shall be subject to the satisfaction, on or prior to the Closing Date, of the following conditions:

  • BUYER’S CONDITIONS PRECEDENT TO CLOSING The obligation of Buyer to close the transactions contemplated by this Agreement is subject to the satisfaction at or prior to the Closing of each of the following conditions precedent (any and all of which may be waived by Buyer in writing):

  • Seller’s Conditions Precedent to Closing The obligation of Seller to consummate the transactions contemplated by this Agreement shall be subject to fulfillment at or prior to the Closing of the following conditions, any one or more of which may be waived in writing by Seller:

  • Closing Conditions to Closing The Lender will not be obligated to make the initial Loans or to obtain any Letters of Credit on the Closing Date, unless the following conditions precedent have been satisfied in a manner satisfactory to Lender:

  • Buyer’s Conditions Precedent The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing Date, of each of the following conditions precedent:

  • Conditions to Closing Each Purchaser’s obligation to purchase and pay for the Notes to be sold to such Purchaser at the Closing is subject to the fulfillment to such Purchaser’s satisfaction, prior to or at the Closing, of the following conditions:

  • Company’s Conditions to Closing The Company’s obligation to issue and sell the Shares at the Closing is subject to the fulfillment as of the Closing of the following conditions (unless waived in writing by the Company):

  • Buyer’s Conditions The obligations of Buyer at the Closing are subject, at the option of Buyer, to the satisfaction at or prior to the Closing of the following conditions:

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