Failure of Seller’s Closing Conditions. If any of the Seller's Closing Conditions have not been fulfilled within the applicable time periods, Seller may: 4.4.1 waive the Seller's Closing Condition and close in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or 4.4.2 terminate this Agreement by written notice to Buyer.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Asset Investors Corp), Purchase and Sale Agreement (Asset Investors Corp), Purchase and Sale Agreement (Asset Investors Corp)
Failure of Seller’s Closing Conditions. If any of the Seller's Closing Conditions have not been fulfilled within the applicable time periods, Seller may:
4.4.1 (a) waive the Seller's Closing Condition and close the purchase of the Interests in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
4.4.2 (b) terminate this Agreement by written notice to BuyerPurchaser.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Northstar Realty), Purchase and Sale Agreement (Northstar Realty)
Failure of Seller’s Closing Conditions. If any of the Seller's Closing Conditions have not been fulfilled within the applicable time periods, Seller may:
4.4.1 : (a) waive the Seller's Closing Condition and close in accordance with this Agreement, without adjustment or abatement of the Purchase Price, except as otherwise expressly provided herein; or
4.4.2 terminate this Agreement by written notice to Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Senior Income Fund L P)
Failure of Seller’s Closing Conditions. If any of the Seller's ’s Closing Conditions described in Section 5.3 above have not been fulfilled within the applicable time periods, Seller may:
4.4.1 waive 5.4.1 Waive the unfulfilled Seller's ’s Closing Condition and close proceed with Closing in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
4.4.2 terminate 5.4.2 Terminate this Agreement by written notice to Buyer and Escrow Agent, in which event the Deposit shall be immediately returned to Buyer.
Appears in 1 contract
Samples: Option Agreement
Failure of Seller’s Closing Conditions. If any of the Seller's Closing Conditions have not been fulfilled within on or prior to the applicable time periodsOutside Closing Date, Seller may:
4.4.1 waive the any such unfulfilled Seller's Closing Condition and close proceed in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or
4.4.2 terminate this Agreement by written notice to Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Morgans Hotel Group Co.)
