Common use of Failure of Conditions Precedent to Buyer’s Obligations Clause in Contracts

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s obligations with respect to the transactions contemplated by this Agreement are subject to the satisfaction of the conditions precedent to such obligations for Buyer’s benefit set forth in Section 4.3. If Buyer terminates this Agreement by notice to Seller because of the failure of such conditions precedent (and Seller does not timely dispute such termination), then (i) Escrow Holder shall return the Deposit to Buyer (plus interest accrued on the Deposit only while held by Escrow Holder) in accordance with Buyer’s written instructions within five (5) business days following Buyer’s delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this Agreement, (ii) Seller and Buyer shall each pay one-half (1⁄2) of any Escrow cancellation fees or charges, and (iii) except for Buyer’s indemnity and confidentiality obligations and any other provisions under the Agreement which expressly survive termination of the Agreement, the parties shall have no further rights or obligations to one another under this Agreement.

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s obligations with respect to the transactions contemplated by this Agreement are subject to the satisfaction of the conditions precedent to such obligations for Buyer’s benefit set forth in Section 4.34.3 by the Closing. If Buyer Buyer: (i) delivers the Buyer’s Disapproval Notice by Due Diligence Deadline; or (ii) does not give the Buyer’s Approval Notice by the Due Diligence Deadline; or (iii) terminates this Agreement by notice to Seller because of the failure of such conditions condition precedent (and Seller does not timely dispute such termination)to be satisfied by the deadline therefor, then (i) Escrow Holder shall return the Deposit to Buyer (the Deposit, plus any interest accrued on the Deposit only while held by Escrow Holder) in accordance with Buyer’s written instructions Holder within five (5) business days following Buyer’s delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this Agreement, (ii) Seller and Buyer shall each pay one-half (1⁄2) of any Escrow cancellation fees or chargesHolder, and (iii) except for Buyer’s indemnity and confidentiality Seller’s obligations under this Agreement that survive its termination, Buyer and any other provisions under the Agreement which expressly survive termination of the Agreement, the parties Seller shall have no further rights or obligations to one another under this Agreement. Seller shall be responsible for any title cancellation charges.

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s obligations with respect 's obligation to close on the transactions contemplated by acquisition of the Property at each Closing pursuant to this Agreement are is subject to the satisfaction of the relevant conditions precedent to such obligations Closing for Buyer’s 's benefit set forth in Section 4.3. If Buyer fails to timely provide a Buyer's Approval Notice, or if Buyer terminates this Agreement by notice to Seller because of the failure of such the conditions precedent (and Seller does not timely dispute such termination)set forth in Section 4.3, then (ia) Escrow Holder shall return the Deposit (less the Independent Consideration) and Second Closing Funds, if any, to Buyer (plus interest accrued on the Deposit and Second Closing Funds only while held by Escrow Holder) in accordance with Buyer’s 's written instructions within five (5) business days following Buyer’s 's delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this AgreementHolder, (iib) Seller and Buyer shall each pay one-half one‑half (1⁄21/2) of any Escrow escrow cancellation fees or charges, and (iiic) except for Buyer’s 's indemnity and Buyer’s and Seller’s confidentiality obligations under this Agreement and any other provisions under the Agreement obligations which expressly survive termination of the this Agreement, the parties shall have no further rights or obligations to one another under this Agreement.”

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s 's obligations with respect to the transactions contemplated by this Agreement are subject to the satisfaction of the conditions precedent to such obligations for Buyer’s 's benefit set forth in Section 4.3. If Buyer terminates this Agreement by notice to Seller because of the failure of such conditions precedent (and Seller does not timely dispute such termination)precedent, then (i) Escrow Holder shall return the Deposit (including the portion of the Deposit referred to as the NR Deposit) to Buyer (plus interest accrued on the Deposit only while held by Escrow Holder) in accordance with Buyer’s 's written instructions within five (5) business days following Buyer’s 's delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this AgreementHolder, (ii) Seller and Buyer shall each pay one-half one‑half (1⁄21/2) of any Escrow cancellation fees or charges, and (iii) except for Buyer’s 's indemnity and confidentiality obligations and any other provisions under the Agreement which expressly survive termination of the Agreement, the parties shall have no further rights or obligations to one another under this Agreement.

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s 's obligations with respect to the transactions contemplated by this Agreement are subject to the satisfaction of the conditions precedent to such obligations for Buyer’s 's benefit set forth in Section 4.3. If Buyer terminates this Agreement by notice to Seller because of the failure of such conditions precedent (and Seller does not timely dispute such termination)precedent, then (i) Escrow Holder shall return the Deposit (including the portion of the Deposit referred to as the NR Deposit) to Buyer (plus interest accrued on the Deposit only while held by Escrow Holder) in accordance with Buyer’s 's written instructions within five (5) business days following Buyer’s 's delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this AgreementHolder, (ii) Seller and Buyer shall each pay one-half one‑half (1⁄21/2) of any Escrow cancellation fees or charges, and (iii) except for Buyer’s 's indemnity and confidentiality obligations and any other provisions under the Agreement which expressly survive termination of the Agreement, the parties shall have no further rights or obligations to one another under this Agreement.. 4.5

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s obligations with respect to the transactions contemplated by this Agreement are subject to the satisfaction of the conditions precedent to such obligations for Buyer’s benefit set forth in Section 4.3. If Buyer fails to deliver Buyer’s Approval Notice or if Buyer terminates this Agreement by notice to Seller because of the failure of such conditions precedent (and Seller does not timely dispute such termination)precedent, then (i) Escrow Holder shall return the Deposit to Buyer (plus interest accrued on the Deposit only while held by Escrow HolderHolder but less the Independent Consideration) in accordance with Buyer’s written instructions within five (5) business days following Buyer’s delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this AgreementHolder, (ii) Seller and Buyer shall each pay one-half (( 1⁄2) of any Escrow cancellation fees or charges, and (iii) except for Buyer’s indemnity indemnity, restoration and confidentiality obligations and any other provisions under the Agreement which expressly survive termination of the Agreement, the parties shall have no further rights or obligations to one another under this Agreement.

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s obligations with respect obligation to close the transactions contemplated by acquisition of the Property pursuant to this Agreement are is subject to the satisfaction of the conditions precedent to such obligations for Buyer’s benefit set forth in Section 4.3. If Buyer (i) fails to deliver to Seller the Buyer’s Approval Notice prior to the Contingency Deadline or (ii) subject to Section 11.7, terminates this Agreement by notice to Seller because of the failure of such the conditions precedent (and Seller does not timely dispute such termination)set forth in Section 4.3, then (ia) Escrow Holder shall return the Deposit (less the Independent Consideration) to Buyer (plus interest accrued on the Deposit only while held by Escrow Holder) in accordance with Buyer’s written instructions within five (5) business days following Buyer’s delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this AgreementHolder, (iib) Seller and Buyer shall each pay one-half (1⁄21/2) of any Escrow escrow cancellation fees or charges, and (iiic) except for Buyer’s indemnity and confidentiality obligations under this Agreement and any other provisions under the Agreement obligations which expressly survive termination of the this Agreement, the parties shall have no further rights or obligations to one another under this Agreement.

Failure of Conditions Precedent to Buyer’s Obligations. Buyer’s obligations with respect 's obligation to close the transactions contemplated by acquisition of the Property pursuant to this Agreement are is subject to the satisfaction of the conditions precedent to such obligations for Buyer’s 's benefit set forth in Section 4.3. If Buyer timely provides a Buyer's Disapproval Notice or if Buyer terminates this Agreement by notice to Seller because of the failure of such the conditions precedent (and Seller does not timely dispute such termination)set forth in Section 4.3, then (ia) Escrow Holder shall return the Deposit (less the Independent Consideration) to Buyer (plus interest accrued on the Deposit only while held by Escrow Holder) in accordance with Buyer’s 's written instructions within five (5) business days following Buyer’s 's delivery of a written termination notice to Seller and Escrow Holder so long as Buyer is not then in breach or default under this AgreementHolder, (iib) Seller and Buyer shall each pay one-half one‑half (1⁄21/2) of any Escrow escrow cancellation fees or charges, and (iiic) except for Buyer’s 's indemnity and Buyer’s and Seller’s confidentiality obligations under this Agreement and any other provisions under the Agreement obligations which expressly survive termination of the this Agreement, the parties shall have no further rights or obligations to one another under this Agreement.