Failure of Closing. If Closing fails to occur by the Last Closing Date, any Party, if not then in default of its obligations under this Agreement, shall have the right to terminate this Agreement at any time until Closing actually occurs, by giving written notice of such termination to the other Parties and to Escrow Agent.
Failure of Closing. If for any reason the Closing does not occur, the Escrow Agent shall deliver the Escrow Deposits to Seller or Buyer only upon receipt of a written demand therefor from such party, subject to the following provisions of this Section 13.3. If for any reason the Closing does not occur and either party makes a written demand upon the Escrow Agent for payment of the Escrow Deposits, the Escrow Agent shall give written notice to the other party of such demand. If the Escrow Agent does not receive a written objection from the other party to the proposed payment within ten (10) days after the giving of such notice, the Escrow Agent is hereby authorized to make such payment. If the Escrow Agent does receive such written objection within such period, the Escrow Agent shall continue to hold such amount until otherwise directed by written instructions signed by Seller and Buyer or a final judgment of a court.
Failure of Closing. If for any reason the Closing does not occur, the Escrow Agent shall deliver the Escrow Deposits to Seller or Buyer only upon receipt of a written demand therefor from such party, subject to the following provisions of this Section 13.
Failure of Closing. If for any reason the Closing does not occur, Escrow Agent shall deliver the Escrow Deposits to Seller or Buyer only upon receipt of a written demand therefor from such party, subject to the following provisions of this Section 13.3. If for any reason the Closing does not occur and either party makes a written demand upon Escrow Agent for payment of the Escrow Deposits, Escrow Agent shall give written notice to the other party of such demand. If Escrow Agent does not receive a written objection from the other party to the proposed payment within ten (10) days after the giving of such notice, Escrow Agent is hereby authorized to make such payment. If Escrow Agent does receive such written objection within such period, Escrow Agent shall either (a) continue to hold such amount or items until otherwise directed by written instructions signed by Seller and Buyer or a final judgment of a court, or (b) file a suit in interpleader in a court of competent jurisdiction, tender such items into court, and obtain an order requiring the parties to litigate their several claims among themselves, upon which event Escrow Agent shall ipso facto be released and discharged from all obligations and duties under this Agreement.
Failure of Closing. If Closing or disbursement does not occur on or before Closing Date set forth in the 811 Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things 812 of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or 813 liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of 814 indebtedness signed by Xxxxx shall be voided by Closing Company, with the originals returned to Buyer and a copy to 815 Xxxxx’s lender. 816
Failure of Closing. In the event the Closing does not occur on or before the Closing Date for a reason other than Buyer’s default under this Agreement, Escrow Holder shall, unless it is notified by Seller to the contrary within five (5) days after the Closing Date, return to the depositor thereof items which may have been deposited hereunder, including the return of the Closing Price to Buyer.
Failure of Closing. If closing of the purchase and sale of the Class B Units does not occur, the Company shall have no liability to the Subscriber for its failure to close or failure to issue the Class B Units to the Subscriber.
Failure of Closing. If a Party fails to comply with any of its obligations provided for in the Escrow Agreement and in this Agreement to be performed at the Initial Closing Date or the Final Closing Date and therefore the Initial Closing or the Final Closing (as applicable) has not occurred due to such failure, the non-breaching Party may, by notice to the breaching Party:
(a) elect to proceed to the Initial Closing or the Final Closing (as applicable) as far as is reasonably practicable and set another date on which the breaching Party must comply with those obligations which it has failed to comply with;
(b) postpone the Initial Closing or the Final Closing (as applicable) to a Business Day which is not more than 5 (Five) Business Days (and so deferred Initial Closing Date or the Final Closing Date (as applicable) shall be deemed to be the Initial Closing Date or the Final Closing Date (as applicable) for the purpose of this Agreement); or
(c) terminate this Agreement under and only in compliance with Section 7.1.3.
Failure of Closing. If for any reason the Closing does not occur, the Escrow Agent shall deliver the Escrow Deposits to Seller or Buyer only upon receipt of a written demand therefor from such party, subject to the following provisions of this Section 13.3. If for any reason the Closing does not occur and either party makes a written demand upon the Escrow Agent for payment of the Escrow Deposits, the Escrow Agent shall give written notice to the other party of such demand. If the Escrow Agent does not receive a written objection from the other party to the proposed payment within ten (10) business days after the giving of such notice, the Escrow Agent is hereby authorized to make such payment. If the Escrow Agent does receive such written objection within such period, the Escrow Agent shall continue to hold such amount until otherwise directed by written instructions signed by Seller and Buyer or a final judgment of a court. Notwithstanding the foregoing, at any time prior to the expiration of the due diligence period, Buyer can unilaterally request, and the Escrow Agent shall return the Deposit upon notice to Seller without any opportunity to object.
Failure of Closing. In the event there is no Closing and FCG is not in default of this Agreement, CCI's deposit of One Hundred Thousand Dollars ($100,000) shall not be refundable and shall be retained by FCG. CCI shall be under no further obligation to FCG. This specifically includes, but is not limited to, any obligation to make the loans described in Section 3, above. PRE-CLOSING OBLIGATIONS OF FCG AND LLC
