Interest Owners’ Conditions for Closing. Unless otherwise waived in writing, and without prejudice to the Interest Owners’ right to cancel this Contract during the Review Period, the duties and obligations of the Interest Owners to proceed to Closing under the terms and provisions of this Contract are and shall be expressly subject to strict compliance with, and satisfaction or waiver of, each of the conditions and contingencies set forth in this Section 9.2, each of which shall be deemed material to this Contract. In the event of the failure of any of the conditions set forth in this Section 9.2, which condition is not waived in writing by the Interest Owners, the Interest Owners shall have the right at their option to declare this Contract terminated and null and void in which case (except for a failure of (c) below) the remaining Xxxxxxx Money Deposit and any interest thereon shall be immediately returned to Buyer or to compel specific performance as set forth in Section 14.1 below. In the event this Contract is terminated, each of the parties shall be relieved from further liability to the other, except as otherwise expressly provided herein. (a) All of Buyer’s representations and warranties contained in or made pursuant to this Contract shall be true and correct in all material respects as if made again on the Closing Date. (b) The Interest Owners shall have received all of the money, instruments and conveyances listed in Section 10.3. (c) Buyer shall have performed, observed and complied in all material respects with all of the covenants, agreements, closing requirements and conditions required by this Contract to be performed, observed and complied with by Buyer, as and when required hereunder. (d) Buyer shall have received the consents of the Franchisor to the termination of the Existing Management Agreement and the Existing Franchise Agreement.
Appears in 9 contracts
Samples: Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.)
Interest Owners’ Conditions for Closing. Unless otherwise waived in writing, and without prejudice to the Interest Owners’ right to cancel this Contract during the Review Period, the duties and obligations of the Interest Owners to proceed to Closing under the terms and provisions of this Contract are and shall be expressly subject to strict compliance with, and satisfaction or waiver of, each of the conditions and contingencies set forth in this Section 9.2, each of which shall be deemed material to this Contract. In the event of the failure of any of the conditions set forth in this Section 9.2, which condition is not waived in writing by the Interest Owners, the Interest Owners shall have the right at their option to declare this Contract terminated and null and void void, in which case (except for a failure of (c) below) the remaining Xxxxxxx Money Deposit and any interest thereon shall be immediately returned to Buyer or to compel specific performance as set forth in Section 14.1 below. In the event this Contract is terminated, and each of the parties shall be relieved from further liability to the other, except as otherwise expressly provided herein.
(a) All of Buyer’s representations and warranties contained in or made pursuant to this Contract shall be true and correct in all material respects as if made again on the Closing Date.
(b) The Interest Owners shall have received all of the money, instruments and conveyances listed in Section 10.3.
(c) Buyer shall have performed, observed and complied in all material respects with all of the covenants, agreements, closing requirements and conditions required by this Contract to be performed, observed and complied with by Buyer, as and when required hereunder.
(d) Buyer shall have received the consents of the Franchisor to the termination of the Existing Management Agreement and the Existing Franchise Agreement.
Appears in 8 contracts
Samples: Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple REIT Seven, Inc.)
Interest Owners’ Conditions for Closing. Unless otherwise waived in writing, and without prejudice to the Interest Owners’ Owner’s right to cancel this Contract during the Review Period, the duties and obligations of the Interest Owners to proceed to Closing under the terms and provisions of this Contract are and shall be expressly subject to strict compliance with, and satisfaction or waiver of, each of the conditions and contingencies set forth in this Section 9.2, each of which shall be deemed material to this Contract. In the event of the failure of any of the conditions set forth in this Section 9.2, which condition is not waived in writing by the Interest Owners, the Interest Owners shall have the right at their option to declare this Contract terminated and null and void void, in which case (except for a failure of (c) below) the remaining Xxxxxxx Money Deposit and any interest thereon shall be immediately returned to Buyer or to compel specific performance as set forth in Section 14.1 below. In the event this Contract is terminated, and each of the parties shall be relieved from further liability to the other, except as otherwise expressly provided herein.
(a) All of Buyer’s representations and warranties contained in or made pursuant to this Contract shall be true and correct in all material respects as if made again on the Closing Date.
(b) The Interest Owners shall have received all of the money, instruments and conveyances listed in Section 10.3.
(c) Buyer shall have performed, observed and complied in all material respects with all of the covenants, agreements, closing requirements and conditions required by this Contract to be performed, observed and complied with by Buyer, as and when required hereunder.
(d) Buyer shall have received the consents of the Franchisor to the termination of the Existing Management Agreement and the Existing Franchise Agreement.
Appears in 4 contracts
Samples: Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple REIT Seven, Inc.)
Interest Owners’ Conditions for Closing. Unless otherwise waived in writing, and without prejudice to the Interest Owners’ Owner’s right to cancel this Contract during the Review Period, the duties and obligations of the Interest Owners to proceed to Closing under the terms and provisions of this Contract are and shall be expressly subject to strict compliance with, and satisfaction or waiver of, each of the conditions and contingencies set forth in this Section 9.2, each of which shall be deemed material to this Contract. In the event of the failure of any of the conditions set forth in this Section 9.2, which condition is not waived in writing by the Interest Owners, the Interest Owners shall have the right at their option to declare this Contract terminated and null and void void, in which case (except for a failure of (c) below) the remaining Xxxxxxx Money Deposit and any interest thereon shall be immediately returned to Buyer or to compel specific performance as set forth in Section 14.1 below. In the event this Contract is terminated, and each of the parties shall be relieved from further liability to the other, except as otherwise expressly provided herein.
(a) All of Buyer’s representations and warranties contained in or made pursuant to this Contract shall be true and correct in all material respects as if made again on the Closing Date.
(b) The Interest Owners shall have received all of the money, instruments and conveyances listed in Section 10.3.
(c) Buyer shall have performed, observed and complied in all material respects with all of the covenants, agreements, closing requirements and conditions required by this Contract to be performed, observed and complied with by Buyer, as and when required hereunder.
(d) Buyer shall have received the consents of the Franchisor Franchisors to the termination of the Existing Management Agreement Agreements and the Existing Franchise AgreementAgreements.
Appears in 1 contract
Interest Owners’ Conditions for Closing. Unless otherwise waived in writing, and without prejudice to the Interest Owners’ right to cancel this Contract during the Review Period, the duties and obligations of the Interest Owners to proceed to Closing under the terms and provisions of this Contract are and shall be expressly subject to strict compliance with, and satisfaction or waiver of, each of the conditions and contingencies set forth in this Section 9.2, each of which shall be deemed material to this Contract. In the event of the failure of any of the conditions set forth in this Section 9.2, which condition is not waived in writing by the Interest Owners, the Interest Owners shall have the right at their option to declare this Contract terminated and null and void in which case (except for a failure of (c) below) the remaining Xxxxxxx Money Deposit and any interest thereon shall be immediately returned to Buyer or to compel specific performance as set forth in Section 14.1 below. In the event this Contract is terminated, each of the parties shall be relieved from further liability to the other, except as otherwise expressly provided herein.
(a) All of Buyer’s 's representations and warranties contained in or made pursuant to this Contract shall be true and correct in all material respects as if made again on the Closing Date.
(b) The Interest Owners shall have received all of the money, instruments and conveyances listed in Section 10.3.
(c) Buyer shall have performed, observed and complied in all material respects with all of the covenants, agreements, closing requirements and conditions required by this Contract to be performed, observed and complied with by Buyer, as and when required hereunder.
(d) Buyer shall have received the consents of the Franchisor to the termination of the Existing Management Agreement and the Existing Franchise Agreement.
Appears in 1 contract