Non-Refundable Payment. A portion of the Initial Deposit in the amount of One Hundred Dollars ($100) (the “Non-Refundable Payment”) shall serve as independent consideration for Seller’s execution of this Agreement and agreement to sell the Property to Purchaser on and subject to the terms and conditions of this Agreement, including, without limitation, the grant to Purchaser of the right to conduct its due diligence investigations of the Property. The Non-Refundable Payment shall be fully earned and immediately released to Seller by Title Company and, notwithstanding any provisions of this Agreement to the contrary, the Non-Refundable Payment shall not be returned to Purchaser in any circumstance. The Non-Refundable Payment shall not constitute a part of the Deposit but shall be applied toward the Purchase Price upon Closing, should Closing occur. Purchaser acknowledges that Seller would not have entered into this Agreement had Purchaser not made the bargained for Non-Refundable Payment on the terms set forth in this Section 2.2.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Strategic Realty Trust, Inc.)
Non-Refundable Payment. A portion Within two (2) Business Days after the Effective Date, as consideration for Seller’s agreement to the terms of Section 4, below, and as a condition precedent to the Initial Deposit effectiveness of this Agreement, Buyer shall deliver directly to Seller, in cash or by wire transfer, immediately available funds in the amount of One Hundred and No/100ths Dollars ($100100.00) (the “Non-Refundable Payment”) shall serve as independent consideration for Seller’s execution of this Agreement and agreement to sell the Property to Purchaser on and subject to the terms and conditions of this Agreement, including, without limitation, the grant to Purchaser of the right to conduct its due diligence investigations of the Property). The Non-Refundable Payment shall be fully earned and retained by Seller immediately released to Seller by Title Company upon receipt and, notwithstanding any provisions of this Agreement to the contrary, the Non-Refundable Payment shall not be returned to Purchaser Buyer in any circumstance. The Non-Refundable Payment shall not constitute a part of the Deposit Exxxxxx Money, but shall be applied toward applicable to the Purchase Price upon Closing, should Closing occurConsideration at the Close of Escrow. Purchaser Buyer acknowledges that Seller would not have entered into agreed to the terms of Section 4 of this Agreement had Purchaser Buyer not made the bargained for Non-Refundable Payment to Seller on the terms set forth in this Section 2.23(b).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Strategic Realty Trust, Inc.)
Non-Refundable Payment. A portion Within two (2) Business Days after the Effective Date, as consideration for Seller’s agreement to enter into this Agreement and as a condition precedent to the effectiveness of the Initial Deposit this Agreement, Purchaser shall deliver directly to Seller, by wire transfer, immediately available funds in the amount of One Hundred and No/100 Dollars ($100100.00) (the “Non-Refundable Payment”) shall serve as independent consideration for Seller’s execution of this Agreement and agreement to sell the Property to Purchaser on and subject to the terms and conditions of this Agreement, including, without limitation, the grant to Purchaser of the right to conduct its due diligence investigations of the Property). The Non-Refundable Payment shall be fully earned and retained by Seller immediately released to Seller by Title Company upon receipt and, notwithstanding any provisions of this Agreement to the contrary, the Non-Refundable Payment shall not be returned to Purchaser in any circumstance. On the Closing Date, the amount of the Non-Refundable Payment, without interest, shall be applied to the Purchase Price. The Non-Refundable Payment shall not constitute a part of the Deposit but shall be applied toward the Purchase Price upon Closing, should Closing occurDeposit. Purchaser acknowledges that Seller would not have entered into this Agreement had Purchaser not made the bargained for Non-Refundable Payment to Seller on the terms set forth in this Section 2.22.1.4.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Global Income Trust, Inc.)
Non-Refundable Payment. A portion On the Contract Date, as consideration for Seller’s agreement to enter into this Agreement and as a condition precedent to the effectiveness of the Initial Deposit this Agreement, Purchaser shall deliver directly to Seller, by wire transfer, immediately available funds in the amount of One Hundred Dollars ($100) (the “Non-Refundable Payment”) shall serve as independent consideration for Seller’s execution of this Agreement and agreement to sell the Property to Purchaser on and subject to the terms and conditions of this Agreement, including, without limitation, the grant to Purchaser of the right to conduct its due diligence investigations of the Property). The Non-Refundable Payment shall be fully earned and retained by Seller immediately released to Seller by Title Company upon receipt and, notwithstanding any provisions of this Agreement to the contrary, the Non-Refundable Payment shall not be returned to Purchaser in any circumstancecircumstance except if Closing fails to occur solely due to a material default by Seller under this Agreement. On the Closing Date, the amount of the Non-Refundable Payment, without interest, shall be applied to the Purchase Price. The Non-Refundable Payment shall not constitute a part of the Deposit but shall be applied toward the Purchase Price upon Closing, should Closing occurDeposit. Purchaser acknowledges that Seller would not have entered into this Agreement had Purchaser not made the bargained for Non-Refundable Payment to Seller on the terms set forth in this Section 2.2.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Hudson Pacific Properties, Inc.)