Common use of Failure of Buyer’s Conditions Clause in Contracts

Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.A, Section 5.3 or elsewhere in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (except as set forth in Sections 4.6, 5.2(b) and 10.5 hereof). Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Price Reit Inc), Credit Agreement (Price Reit Inc)

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Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.A, Section 5.3 or elsewhere in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (except as set forth in Sections 4.6, 5.2(b) and 10.5 hereof)other. Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Price Reit Inc)

Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.AV.A, Section 5.3 6.3 or elsewhere Section 4.7 in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 11.10 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (except as set forth in Sections 4.6, 5.2(b) and 10.5 hereof6.2(b). Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pacific Gateway Properties Inc)

Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.A, Section 5.3 or elsewhere in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 9.11 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (except as set forth in Sections 4.64.4, 5.2(b) and 10.5 9.6 hereof) and Escrow Holder shall immediately return the Xxxxxxx Money Deposit to Buyer (without the need of any further instructions from Seller). Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 1 contract

Samples: Credit Agreement (Price Reit Inc)

Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.AIV, Section 5.3 5.5 or elsewhere in this Agreement, is not either fully performed, satisfied otherwise satisfied, or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 12.10 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (except as set forth in Sections 4.65.2(b), 5.2(b) 12.5 hereof and 10.5 hereofthis Section 5.10(a)). Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ocwen Asset Investment Corp)

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Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.AV.A, Section 5.3 6.3 or elsewhere in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 11.10 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (except as set forth in Sections 4.66.2(b), 5.2(b) and 10.5 11.2 hereof). Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pacific Gateway Properties Inc)

Failure of Buyer’s Conditions. If any one or more of the conditions to Buyer's obligations, as set forth in Article IV.A, Section 5.3 or elsewhere in this Agreement, is not either fully performed, satisfied or waived in writing (or deemed waived as provided herein) on or before the Closing Date or such earlier date as provided elsewhere herein, then Buyer may elect, by written notice as provided in Section 10.10 hereof, to terminate this Agreement, in which case neither party shall have any further obligation to the other (other, except as set forth in Sections 4.6, 5.2(b) and 10.5 hereof)for those which survive the termination of this Agreement. Nothing in this paragraph shall be construed to limit any of Buyer's rights or remedies at law or equity in the event of a default by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Price Reit Inc)

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