FAILURE TO CLOSE TRANSACTION Sample Clauses

FAILURE TO CLOSE TRANSACTION. If a Seller/Landlord in an agreement made on behalf of the Client fails to close such agreement, with no fault on the part of the Client, then the compensation due Broker provided in paragraph 7 shall be waived. If such transaction fails to close because of any fault on the part of the Client, the total amount owing as compensation shall be immediately due and payable to the Broker by the Client.
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FAILURE TO CLOSE TRANSACTION. If Xxxxx enters into a binding Buy & Xxxx Agreement, and seller fails to close the transaction with no fault on the part of Xxxxx, Xxxxxx agrees not to pursue the compensation from the Buyer provided for that transaction; however, Xxxxxx reserves the right to pursue compensation from seller. If such transaction fails to close because of any fault on the part of Buyer, the total amount owing as compensation shall be immediately due and payable to Broker by Buyer.
FAILURE TO CLOSE TRANSACTION. (a) In the event that the Company and Sellers’ Representative (as defined in the MIPA), each acting reasonably, determines that the Transaction is incapable of Closing due to a denial of a required regulatory consent or otherwise, the Company shall give notice of such determination, in accordance with Section 7.3, and (i) The Noteholder shall forthwith return all monies paid hereunder to the Noteholder to the Company; and (ii) This Note shall be cancelled and of no further force and effect.

Related to FAILURE TO CLOSE TRANSACTION

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Conditions Applicable to All Sale and Purchase Transactions (a) Any transaction effected under this Article X or in connection with the acquisition of additional Collateral Loans shall be conducted on an arm’s length basis and, if effected with a Person that is an Affiliate of the Collateral Manager (or with an account or portfolio for which the Collateral Manager or any of its Affiliates serves as investment adviser), shall be on terms no less favorable to the Borrower than would be the case if such Person were not such an Affiliate or as otherwise expressly permitted in this Agreement. (b) Upon each contribution of one or more Collateral Loans from the BDC to the Borrower and upon each acquisition by the Borrower of a Collateral Loan from the BDC, the Collateral Manager or any of their respective Affiliates (each such contribution or other such acquisition, an “Affiliate Loan Acquisition”) (i) all of the Borrower’s right, title and interest to such Collateral Loan shall be subject to the Lien granted to the Collateral Agent pursuant to this Agreement and (ii) such Collateral Loan shall be Delivered to the Collateral Agent (or the Custodian on its behalf, as applicable), provided, that, notwithstanding the foregoing, the Related Documents and Loan Checklist may be delivered within ten (10) Business Days of the contribution or acquisition. (c) The Aggregate Principal Balance of the Collateral Loan(s) which are the subject of any sale to an Affiliate of the Borrower under this Article X or substitution pursuant to Section 10.03, together with the sum of the Aggregate Principal Balance of all Collateral Loans sold to Affiliates or substituted in the 12 month period preceding the proposed date of sale or substitution (or such lesser number of months as shall have elapsed since the Closing Date) shall not exceed 20% of the Net Purchased Loan Balance; provided that, the sum of the Aggregate Principal Balance of all Defaulted Collateral Loans or Ineligible Collateral Loans sold to Affiliates or substituted in the 12 month period preceding the proposed date of sale or substitution (or such lesser number of months as shall have elapsed since the Closing Date) shall not exceed 10% of the Net Purchased Loan Balance. For the avoidance of doubt, the foregoing limitations shall not apply (i) to Warranty Loans (as defined in the Purchase and Sale Agreement) or (ii) where Collateral Loans are sold by the Borrower in connection with a Permitted Securitization.

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