FAILURE OF CONDITIONS TO SELLER'S OBLIGATIONS. In the event any one or more of the conditions to Seller's obligations are not satisfied or waived in whole or in part at any time prior to or as of the Closing, Seller, at Seller's option, shall be entitled to: (a) terminate this Agreement by giving written notice thereof to Purchaser, whereupon all moneys, if any, which have been delivered by Seller to Purchaser or the Title Company shall be immediately refunded to Seller and Seller shall have no further obligations or liabilities hereunder; or (b) proceed to Closing hereunder.
Appears in 8 contracts
Samples: Agreement of Sale and Purchase (Amc Entertainment Inc), Agreement of Sale and Purchase (Amc Entertainment Inc), Agreement of Sale and Purchase (Correctional Properties Trust)
FAILURE OF CONDITIONS TO SELLER'S OBLIGATIONS. In the event any one or more of the conditions to Seller's obligations are not satisfied or waived in whole or in part at any time prior to or as of the Closing, Seller, at Seller's option, shall be entitled to: (a) terminate this Agreement by giving written notice thereof thereto to Purchaser, whereupon all moneys, if any, moneys which have been delivered by Purchaser to Seller to Purchaser or the Title Company (other than the Independent Consideration) shall be immediately refunded to Seller Purchaser and neither Purchaser nor Seller shall have no any further obligations or liabilities hereunder; or (b) waive such failure of conditions and proceed to Closing hereunder.
Appears in 3 contracts
Samples: Agreement of Sale and Purchase (Ramsay Health Care Inc), Agreement of Sale and Purchase (Ramsay Health Care Inc), Agreement of Sale and Purchase (Ramsay Health Care Inc)
FAILURE OF CONDITIONS TO SELLER'S OBLIGATIONS. In the event any one or more of the conditions to Seller's ’s obligations are not satisfied or waived in whole or in part at any time prior to or as of the Closing, Seller, at Seller's ’s option, shall be entitled to: (a) terminate this Agreement with respect to the Property by giving written notice thereof to Purchaser, whereupon all moneys, if any, which have been delivered by Seller to Purchaser or the Title Company shall be immediately refunded to Seller and Seller shall have no further obligations or liabilities hereunder; or (b) waive such condition(s) and proceed to Closing hereunder; or (c) in the event such condition is not satisfied due to a default by Seller, pursue Purchaser’s default remedies under Section 10.1(a).
Appears in 2 contracts
Samples: Option Agreement (Peak Resorts Inc), Option Agreement (Peak Resorts Inc)
FAILURE OF CONDITIONS TO SELLER'S OBLIGATIONS. In the event any one or more of the conditions to Seller's ’s obligations are not satisfied or waived in whole or in part at any time prior to or as of the Closing, Seller, at Seller's ’s option, shall be entitled to: (a) terminate this Agreement with respect to the Property by giving written notice thereof to Purchaser, whereupon all moneys, if any, which have been delivered by Seller to Purchaser or the Title Company shall be immediately refunded to Seller and Seller shall have no further obligations or liabilities hereunder; or (b) proceed to Closing hereunder.
Appears in 2 contracts
Samples: Option Agreement (Peak Resorts Inc), Option Agreement (Peak Resorts Inc)
