Finance Contingency. The Closing (as hereinafter defined) is contingent upon Buyer securing by , 20 ("First Commitment Date") a firm (except for matters of title and survey and matters totally within Buyer's control) written mortgage commitment for a fixed rate or an adjustable rate mortgage in the amount of (strike one) $ OR % of the Purchase Price, the interest rate (or initial interest rate if an adjustable rate mortgage) not to exceed % per year fixed (or % per year for the initial rate for an adjustable rate), amortized over years, payable monthly, loan fee not to exceed %, plus appraisal and credit report fee, if any, and otherwise on commercially reasonable terms ("Required Commitment"). If the note referenced in the Required Commitment has a balloon payment, it shall be due no sooner than years. Buyer shall make commercially reasonable efforts to obtain the Required Commitment by the First Commitment Date. If despite such commercially reasonable efforts Buyer is unable to obtain the Required Commitment by the First Commitment Date, Buyer shall so notify Seller in writing on or before the First Commitment Date. Thereafter, Seller may, within 30 business days after the First Commitment Date ("Second Commitment Date"), secure the Required Commitment for Buyer upon the same terms, if Seller gives Buyer notice of Seller's intention to attempt to do so within 10 days after such notice from Buyer, and may extend the Closing Date (as hereinafter defined) by up to 30 business days upon notice to Buyer within such initial 30 business day period. The Required Commitment may be given by Seller or a third party. Buyer shall furnish all requested credit information, sign customary documents relating to the application and securing of the Required Commitment, and pay one reasonable application fee as directed by Seller. Should Seller fail to give such notice, this Contract shall be null and void as of the First Commitment Date, except for those provisions which by their terms survive the termination of this Contract, and the Xxxxxxx Money shall be promptly returned to Buyer. In the alternative, if Buyer notifies Seller on or before the First Commitment Date that Buyer has been unable to secure the Required Commitment as provided above, and Seller does not notify Buyer of its election to secure the Required Commitment for Buyer within the 10-day period referenced above or, if such notice is given, and neither Buyer nor Seller secures the Required Commitment on or before the Second Com...
Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon District closing financing that will allow it to make the payments to ENGIE Services U.S. required by this Contract. District will have thirty (30) calendar days after the Contract Effective Date to close such financing. If the financing is not closed within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party’s receipt of this notice; provided that District may not declare this Contract to be null and void after it has issued the Notice to Proceed. It is acknowledged and agreed that ENGIE Services U.S. will have no obligation to commence performance of the Work unless and until the financing has been closed.
Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon Manhattan Beach USD closing financing that will allow it to make the payments to Chevron Energy Solutions required by this Contract. Upon execution of this Contract, Manhattan Beach USD will have thirty (30) calendar days to close such financing. If the financing is not closed within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party’s receipt of this notice. It is acknowledged and agreed that Chevron Energy Solutions will have no obligation to commence performance of the Work unless and until the financing has been closed.
Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon District closing financing that will allow it to make the payments to ENGIE Services U.S. required by this Contract. District will have one hundred eighty thirty (3180) calendar days after the Contract Effective Date to close such financing. If the financing is not closed within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party’s receipt of this notice; provided that District may not declare this Contract to be null and void after it has issued the Notice to Proceed. It is acknowledged and agreed that ENGIE Services U.S. will have no obligation to commence performance of the Work unless and until the financing has been closed. Notwithstanding the foregoing, ENGIE Services U.S. reserves the right to refresh the pricing for the Project thirty (30) days prior to the estimated financing close date. In the event the Contract Amount is adjusted as a result of the repricing, District may elect to terminate the Contract by providing written notice to ENGIE Services U.S. In such event, the Contract will be null and void as of ENGIE Services U.S.’s receipt of such notice.
Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon ConFire obtaining financing that will allow it to make the payments to OpTerra Energy Services required by this Contract. ConFire will have sixty (60) calendar days after the Contract Effective Date to obtain such financing. If the financing is not obtained within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party’s receipt of this notice. It is acknowledged and agreed that OpTerra Energy Services will have no obligation to commence performance of the Work unless and until the financing has been obtained.
Finance Contingency. Purchaser shall obtain financing on terms and conditions acceptable to Purchaser to fund the Purchase Price.
Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Agreement is expressly contingent upon Owner securing financing that will allow it to make the payments to Contractor required by this Agreement. Owner will have thirty (30) calendar days after the Effective Date to secure such financing. If the financing is not secured within this time, for any reason, either Party may by written notice to the other Party declare this Agreement to be null and void; and the Agreement will be null and void as of the other Party’s receipt of this notice; provided that Owner may not declare this Agreement to be null and void after it has issued the Notice to Proceed. It is acknowledged and agreed that Contractor will have no obligation to commence performance of the Work unless and until the financing has been closed.
Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon Merced County obtaining financing, on terms acceptable to Merced County, that will allow it to make the payments to OpTerra Energy Services required by this Contract. Merced County will have ninety (90) calendar days after the Contract Effective Date to obtain financing. If financing for all ECMs is not obtained within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party’s receipt of this notice. It is acknowledged and agreed that OpTerra Energy Services will have no obligation to commence performance of the Work unless and until financing has been obtained.
Finance Contingency. Notwithstanding any other prior agreement, addendum and any other provision of the Contract, the Buyer and Seller agree that the Buyer(s) hereby continue(s) to waive their finance contingency in accordance with paragraph 8 of the Contract.
Finance Contingency. If Buyer is unable to secure financing within the 30 day Financing Period identified in Par. 3 of the Contract and Buyer fails to cancel the Agreement within two (2) business days from the expiration of the 30 day Financing Period, the Closing shall not be subject to financing. If Buyer fails to cancel this Agreement within the time frame identified above and proceeds to Closing without the financing contingency, Buyer’s deposit(s) shall be forfeited if Buyer fails to close as scheduled in the Agreement and Buyer’s failure to close arises from Buyer’s act(s) and/or omission(s).
