Multiple Purchasers. As used in this Agreement, the term “Purchaser” means all entities acquiring any interest in any Properties at the Closing, including, without limitation, any assignee(s) of the original Purchaser pursuant to Section 14.4 of this Agreement. In the event that “Purchaser” has any obligations or makes any covenants, representations or warranties under this Agreement, the same shall be made jointly and severally by all entities being a Purchaser hereunder. In the event that a Seller receives notice from any entity being a Purchaser hereunder, the same shall be deemed to constitute notice from all entities being a Purchaser hereunder. In the event that any entity being a Purchaser hereunder takes any action, breaches any obligation or otherwise acts pursuant to the terms of this Agreement, the same shall be deemed to be the action of the other entity(ies) being a Purchaser hereunder and the action of “Purchaser” under this Agreement. In the event that a Seller or Sellers’ Representative is required to give notice or take action with respect to Purchaser under this Agreement, notice to any entity being a Purchaser hereunder or action with respect to any entity being a Purchaser hereunder shall be a notice or action to all entities being a Purchaser hereunder. In the event that a Purchaser or any entity being a Purchaser hereunder is required to give notice or take action with respect to a Seller under this Agreement, notice to any entity being a Seller hereunder or action with respect to any entity being a Seller hereunder shall be a notice or action to all entities being a Seller hereunder. In the event that any entity being a Purchaser hereunder desires to bring an action or arbitration against a Seller, such action must be joined by all entities being a Purchaser hereunder in order to be effective. In the event that there is any agreement by a Seller to pay any amount pursuant to this Agreement to Purchaser under any circumstance, that amount shall be deemed the maximum aggregate amount to be paid to all parties being a Purchaser hereunder and not an amount that can be paid to each party being a Purchaser hereunder. In the event that a Seller is required to return the Deposit or other amount to Purchaser, such Seller shall return the same to any entity being a Purchaser hereunder and, upon such return, shall have no further liability to any other entity being a Purchaser hereunder for such amount. The foregoing provisions also shall apply to any documents, including, without limitation, the General Assignment and Assumption and the Assignment and Assumption of Leases and Security Deposits, executed in connection with this Agreement and the transaction(s) contemplated hereby; provided that any such documents shall have the correct entity names listed as parties to such documents.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Davidson Diversified Real Estate Ii Limited Partnership), Purchase and Sale Agreement (Shelter Properties Vi Limited Partnership), Purchase and Sale Agreement (Shelter Properties Vii LTD Partnership)
Multiple Purchasers. As used in this AgreementContract, the term “"Purchaser” " means all entities acquiring any interest in any Properties the Property at the Closing, including, without limitation, any assignee(s) of the original Purchaser pursuant to Section 14.4 13.3 of this AgreementContract. In the event that “"Purchaser” " has any obligations or makes any covenants, representations or warranties under this AgreementContract, the same shall be made jointly and severally by all entities being a Purchaser hereunder. In the event that a Seller receives notice from any entity being a Purchaser hereunder, the same shall be deemed to constitute notice from all entities being a Purchaser hereunder. In the event that any entity being a Purchaser hereunder takes any action, breaches any obligation or otherwise acts pursuant to the terms of this AgreementContract, the same shall be deemed to be the action of the other entity(ies) being a Purchaser hereunder and the action of “"Purchaser” " under this AgreementContract. In the event that a Seller or Sellers’ Representative is required to give notice or take action with respect to Purchaser under this AgreementContract, notice to any entity being a Purchaser hereunder or action with respect to any entity being a Purchaser hereunder shall be a notice or action to all entities being a Purchaser hereunder. In the event that a Purchaser or any entity being a Purchaser hereunder is required to give notice or take action with respect to a Seller under this Agreement, notice to any entity being a Seller hereunder or action with respect to any entity being a Seller hereunder shall be a notice or action to all entities being a Seller hereunder. In the event that any entity being a Purchaser hereunder desires to bring an action or arbitration against a Seller, such action must be joined by all entities being a Purchaser hereunder in order to be effective. In the event that there is any agreement by a Seller to pay any amount pursuant to this Agreement Contract to Purchaser under any circumstance, that amount shall be deemed the maximum aggregate amount to be paid to all parties being a Purchaser hereunder and not an amount that can be paid to each party being a Purchaser hereunder. In the event that a Seller is required to return the Initial Deposit, Additional Deposit or other amount to Purchaser, such Seller shall return the same to any entity being a Purchaser hereunder and, upon such return, shall have no further liability to any other entity being a Purchaser hereunder for such amount. The foregoing provisions also shall apply to any documents, including, without limitation, the General Assignment and Assumption and the Assignment and Assumption of Leases and Security Deposits, executed in connection with this Agreement Contract and the transaction(s) contemplated hereby; provided that any such documents shall have the correct entity names listed as parties to such documents.
Appears in 4 contracts
Samples: Purchase and Sale Contract (VMS National Properties Joint Venture), Purchase and Sale Contract (VMS National Properties Joint Venture), Purchase and Sale Contract (VMS National Properties Joint Venture)
Multiple Purchasers. As used in this AgreementContract, the term “Purchaser” means all entities acquiring any interest in any Properties the Property at the Closing, including, without limitation, any assignee(s) of the original Purchaser pursuant to Section 14.4 13.3 of this AgreementContract. In the event that “Purchaser” has any obligations or makes any covenants, representations or warranties under this AgreementContract, the same shall be made jointly and severally by all entities being a Purchaser hereunder. In the event that a Seller receives notice from any entity being a Purchaser hereunder, the same shall be deemed to constitute notice from all entities being a Purchaser hereunder. In the event that any entity being a Purchaser hereunder takes any action, breaches any obligation or otherwise acts pursuant to the terms of this AgreementContract, the same shall be deemed to be the action of the other entity(ies) being a Purchaser hereunder and the action of “Purchaser” under this AgreementContract. In the event that a Seller or Sellers’ Representative is required to give notice or take action with respect to Purchaser under this AgreementContract, notice to any entity being a Purchaser hereunder or action with respect to any entity being a Purchaser hereunder shall be a notice or action to all entities being a Purchaser hereunder. In the event that a Purchaser or any entity being a Purchaser hereunder is required to give notice or take action with respect to a Seller under this Agreement, notice to any entity being a Seller hereunder or action with respect to any entity being a Seller hereunder shall be a notice or action to all entities being a Seller hereunder. In the event that any entity being a Purchaser hereunder desires to bring an action or arbitration against a Seller, such action must be joined by all entities being a Purchaser hereunder in order to be effective. In the event that there is any agreement by a Seller to pay any amount pursuant to this Agreement Contract to Purchaser under any circumstance, that amount shall be deemed the maximum aggregate amount to be paid to all parties being a Purchaser hereunder and not an amount that can be paid to each party being a Purchaser hereunder. In the event that a Seller is required to return the Initial Deposit, Additional Deposit or other amount to Purchaser, such Seller shall return the same to any entity being a Purchaser hereunder and, upon such return, shall have no further liability to any other entity being a Purchaser hereunder for such amount. The foregoing provisions also shall apply to any documents, including, without limitation, the General Assignment and Assumption and the Assignment and Assumption of Leases and Security Deposits, executed in connection with this Agreement Contract and the transaction(s) contemplated hereby; provided that any such documents shall have the correct entity names listed as parties to such documents.
Appears in 3 contracts
Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties), Purchase and Sale Contract (Consolidated Capital Institutional Properties 3), Purchase and Sale Contract (Consolidated Capital Growth Fund)
Multiple Purchasers. As used in this AgreementContract, the term “"Purchaser” " means all entities acquiring any interest in any Properties at the Closing, including, without limitation, any assignee(s) of the original Purchaser pursuant to Section 14.4 13.3 of this AgreementContract. In the event that “"Purchaser” " has any obligations or makes any covenants, representations or warranties under this AgreementContract, the same shall be made jointly and severally by all entities being a Purchaser hereunder. In the event that a Seller receives notice from any entity being a Purchaser hereunder, the same shall be deemed to constitute notice from all entities being a Purchaser hereunder. In the event that any entity being a Purchaser hereunder takes any action, breaches any obligation or otherwise acts pursuant to the terms of this AgreementContract, the same shall be deemed to be the action of the other entity(ies) being a Purchaser hereunder and the action of “"Purchaser” " under this AgreementContract. In the event that a Seller or Sellers’ Seller's Representative is required to give notice or take action with respect to Purchaser under this AgreementContract, notice to any entity being a Purchaser hereunder or action with respect to any entity being a Purchaser hereunder shall be a notice or action to all entities being a Purchaser hereunder. In the event that a Purchaser or any entity being a Purchaser hereunder is required to give notice or take action with respect to a Seller under this Agreement, notice to any entity being a Seller hereunder or action with respect to any entity being a Seller hereunder shall be a notice or action to all entities being a Seller hereunder. In the event that any entity being a Purchaser hereunder desires to bring an action or arbitration against a Seller, such action must be joined by all entities being a Purchaser hereunder in order to be effective. In the event that there is any agreement by a Seller to pay any amount pursuant to this Agreement Contract to Purchaser under any circumstance, that amount shall be deemed the maximum aggregate amount to be paid to all parties being a Purchaser hereunder and not an amount that can be paid to each party being a Purchaser hereunder. In the event that a Seller is required to return the any portion of the Initial Deposit, Additional Deposit or other amount to Purchaser, such Seller shall return the same to any entity being a Purchaser hereunder and, upon such return, shall have no further liability to any other entity being a Purchaser hereunder for such amount. The foregoing provisions also shall apply to any documents, including, without limitation, the General Assignment and Assumption and the Assignment and Assumption of Leases and Security Deposits, executed in connection with this Agreement Contract and the transaction(s) contemplated hereby; provided that any such documents shall have the correct entity names listed as parties to such documents.
Appears in 1 contract
Samples: Purchase and Sale Contract (Century Properties Growth Fund Xxii)
Multiple Purchasers. As used in this AgreementContract, the term “Purchaser” means all entities acquiring any interest in any Properties the Property at the Closing, including, without limitation, any assignee(s) of the original Purchaser pursuant to Section 14.4 13.3 of this AgreementContract. In the event that “Purchaser” has any obligations or makes any covenants, representations or warranties under this AgreementContract, the same shall be made jointly and severally by all entities being a Purchaser hereunder. In the event that a Seller receives notice from any entity being a Purchaser hereunder, the same shall be deemed to constitute notice from all entities being a Purchaser hereunder. In the event that any entity being a Purchaser hereunder takes any action, breaches any obligation or otherwise acts pursuant to the terms of this AgreementContract, the same shall be deemed to be the action of the other entity(ies) being a Purchaser hereunder and the action of “Purchaser” under this AgreementContract. In the event that a Seller or Sellers’ Seller’s Representative is required to give notice or take action with respect to Purchaser under this AgreementContract, notice to any entity being a Purchaser hereunder or action with respect to any entity being a Purchaser hereunder shall be a notice or action to all entities being a Purchaser hereunder. In the event that a Purchaser or any entity being a Purchaser hereunder is required to give notice or take action with respect to a Seller under this Agreement, notice to any entity being a Seller hereunder or action with respect to any entity being a Seller hereunder shall be a notice or action to all entities being a Seller hereunder. In the event that any entity being a Purchaser hereunder desires to bring an action or arbitration against a Seller, such action must be joined by all entities being a Purchaser hereunder in order to be effective. In the event that there is any agreement by a Seller to pay any amount pursuant to this Agreement Contract to Purchaser under any circumstance, that amount shall be deemed the maximum aggregate amount to be paid to all parties being a Purchaser hereunder and not an amount that can be paid to each party being a Purchaser hereunder. In the event that a Seller is required to return the Deposit or other amount to Purchaser, such Seller shall return the same to any entity being a Purchaser hereunder and, upon such return, shall have no further liability to any other entity being a Purchaser hereunder for such amount. The foregoing provisions also shall apply to any documents, including, without limitation, the General Assignment and Assumption and the Assignment and Assumption of Leases and Security Deposits, executed in connection with this Agreement Contract and the transaction(s) contemplated hereby; provided that any such documents shall have the correct entity names listed as parties to such documents.
Appears in 1 contract
Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties)
Multiple Purchasers. As used in this AgreementContract, the term “Purchaser” means all entities and/or individuals acquiring any interest in any Properties the Property at the Closing, including, without limitation, any assignee(s) of the original Purchaser pursuant to Section 14.4 13.3 of this AgreementContract. In the event that “Purchaser” has any obligations or makes any covenants, representations or warranties under this AgreementContract, the same shall be made jointly and severally by all entities and/or individuals being a Purchaser hereunder. In the event that a Seller receives notice from any entity and/or individual being a Purchaser hereunder, the same shall be deemed to constitute notice from all entities and/or individuals being a Purchaser hereunder. In the event that any entity and/or individual being a Purchaser hereunder takes any action, breaches any obligation or otherwise acts pursuant to the terms of this AgreementContract, the same shall be deemed to be the action of the other entity(ies) and/or purchaser(s) being a Purchaser hereunder and the action of “Purchaser” under this AgreementContract. In the event that a Seller or Sellers’ Representative is required to give notice or take action with respect to Purchaser under this AgreementContract, notice to any entity and/or individual being a Purchaser hereunder or action with respect to any entity and/or individual being a Purchaser hereunder shall be a notice or action to all entities and individuals being a Purchaser hereunder. In the event that a Purchaser or any entity being a Purchaser hereunder is required to give notice or take action with respect to a Seller under this Agreement, notice to any entity being a Seller hereunder or action with respect to any entity being a Seller hereunder shall be a notice or action to all entities being a Seller hereunder. In the event that any entity and/or individual being a Purchaser hereunder desires to bring an action or arbitration against a Seller, such action must be joined by all entities and/or individuals being a Purchaser hereunder in order to be effective. In the event that there is any agreement by a Seller to pay any amount pursuant to this Agreement Contract to Purchaser under any circumstance, that amount shall be deemed the maximum aggregate amount to be paid to all parties being a Purchaser hereunder and not an amount that can be paid to each party being a Purchaser hereunder. In the event that a Seller is required to return the Initial Deposit, Additional Deposit or other amount to Purchaser, such Seller shall return the same to any entity and/or individual being a Purchaser hereunder and, upon such return, shall have no further liability to any other entity or individual being a Purchaser hereunder for such amount. The foregoing provisions also shall apply to any documents, including, without limitation, the General Assignment and Assumption and the Assignment and Assumption of Leases and Security Deposits, executed in connection with this Agreement Contract and the transaction(s) contemplated hereby; provided that any such documents shall have the correct entity names listed as parties to such documents.
Appears in 1 contract
Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 3)