Common use of Failure to Close Option Clause in Contracts

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase Notice, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3).

Appears in 3 contracts

Samples: Lease Agreement (Alterra Healthcare Corp), Lease Agreement (Alterra Healthcare Corp), Lease Agreement (Balanced Care Corp)

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Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase Notice, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close close, including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3)Term.

Appears in 2 contracts

Samples: Master Lease Agreement (Capital Senior Living Corp), Master Lease Agreement (LifeCare Holdings, Inc.)

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase Notice, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close close, including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section §12.3).

Appears in 1 contract

Samples: Master Lease Agreement (Tandem Health Care, Inc.)

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase Notice, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closingclose. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3).

Appears in 1 contract

Samples: Master Lease Agreement (Balanced Care Corp)

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase Notice, then Tenant shall pay Landlord all costs and expenses actually incurred by Landlord as a result of the failure to close close, including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3)Term.

Appears in 1 contract

Samples: Master Lease Agreement (Emeritus Corp\wa\)

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase NoticeNotice other than as a result of Landlord's default or inability to fulfill its obligations hereunder, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close close, including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3).

Appears in 1 contract

Samples: Master Lease Agreement (Brookdale Senior Living Inc.)

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Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase Notice, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3)Term.

Appears in 1 contract

Samples: Master Lease Agreement (Balanced Care Corp)

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase NoticeNotice other than as a result of Landlord's default or inability to fulfill its obligations hereunder, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close close, including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section 12.3ss.12.3).

Appears in 1 contract

Samples: Master Lease Agreement (Brookdale Senior Living Inc.)

Failure to Close Option. If Tenant for any reason fails to purchase the Leased Property after Tenant has given the Purchase NoticeNotice other than as a result of Landlord's default or inability to fulfill its obligations hereunder, then Tenant shall pay Landlord all costs and expenses incurred by Landlord as a result of the failure to close close, including costs of unwinding swap transactions or other interest rate protection devices and preparing for the closing. Tenant shall continue to be obligated as lessee hereunder for the remainder of the Term (including the Extended Term as set forth in Section §12.3).. -36-

Appears in 1 contract

Samples: Master Lease Agreement (Alterra Healthcare Corp)

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