Common use of Objectionable Title Matters and Permitted Exceptions Clause in Contracts

Objectionable Title Matters and Permitted Exceptions. Except for any exceptions to or defects in Seller’s title (“Objectionable Title Matters”) with respect to which Buyer gives Seller and Escrow Agent written notice of objection (each a “Title Objection Notice”) within ten days prior to the Approval Date (or, with respect to any defect or exception which is disclosed to Buyer after it delivered its last Title Objection Notice, by the earlier of the Closing Date or five days after such matter is disclosed to Buyer by an update to the Title Report or otherwise), Buyer shall be deemed to have approved the state of Seller’s title to the Hotel Premises as disclosed by the Title Report or the Title Documents or would be disclosed on the Effective Date by a Survey and inspection of the Hotel Premises. All exceptions and other defects that are disclosed by the Title Report or the Title Documents, or would be disclosed by such a Survey and inspection, to which Buyer makes no timely objection in accordance with the provisions of this Section 4, and all such exceptions and other defects to which Buyer timely objects but later waives such objection as provided in this Section 4, shall be deemed Permitted Exceptions.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale of Real Property, Purchase and Sale Agreement (Pebblebrook Hotel Trust)

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Objectionable Title Matters and Permitted Exceptions. Except for any exceptions to or defects in Seller’s title (“Objectionable Title Matters”) with respect to which Buyer gives Seller and Escrow Agent written notice of objection (each a “Title Objection Notice”) within ten days on or prior to the Approval date which is ten (10) days subsequent to the Effective Date (or, with respect to any defect or exception which is disclosed to Buyer after it delivered its last the “Title Objection NoticeDate”), by the earlier of the Closing Date or five days after such matter is disclosed to Buyer by an update to the Title Report or otherwise)and except for Liens, Buyer shall be deemed to have approved the state of Seller’s title to the Hotel Premises as disclosed by the Title Report or the Title Documents or that would be disclosed on the Effective Date by a Survey and an inspection of the Hotel PremisesPremises prior to the Approval Date. All exceptions and such matters, other defects that are disclosed by the Title Report or the Title Documents, or would be disclosed by such a Survey and inspectionthan Liens, to which Buyer makes no does not make timely objection in accordance with the provisions of this Section 4, and all such exceptions and other defects as to which Buyer timely objects but later waives such objection as provided in this Section 4, shall be deemed Permitted Exceptions. Notwithstanding anything in this Agreement to the contrary, Seller shall cause all Liens to be satisfied as of Closing and said Liens shall not be deemed a Permitted Exception.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ashford Hospitality Prime, Inc.)

Objectionable Title Matters and Permitted Exceptions. Except for Within five (5) Business Days of Buyer’s receipt of the Title Report and Survey, Buyer shall deliver to Seller written notice of Buyer’s objection to any exceptions to or defects in Seller’s title matter appearing on the Title Report, other than any Permitted Exception (collectively, the “Objectionable Title Matters”). Buyer acknowledges and agrees that is shall not have the right to object to any Permitted Exceptions. Buyer’s notice of Objectionable Title Matters also shall specify whether any estoppel certificates will be required to be delivered at Closing with respect to any Lease disclosed by the Title Report. Except for (A) the Objectionable Title Matters and (B) any new item reflected in any update to the Title Report or update to the Survey received after Buyer’s delivery of its initial notice of Objectionable Title Matters with respect to which Buyer gives Seller and Escrow Agent written notice of Buyer’s objection thereto within five (each a 5) Business Days after Buyer obtains actual knowledge of such new item (the Additional Objectionable Title Objection NoticeMatters) within ten days prior to the Approval Date (or, with respect to any defect or exception which is disclosed to Buyer after it delivered its last Title Objection Notice, by the earlier of the Closing Date or five days after such matter is disclosed to Buyer by an update to the Title Report or otherwise), Buyer shall be deemed to have approved the state of Seller’s title to the Hotel Premises as disclosed by the Title Report or and the Title Documents or would be disclosed on the Effective Date by a Survey and inspection of the Hotel PremisesSurvey. All exceptions and other defects that are disclosed by the Title Report or any update thereto or the Title Documents, Survey or would be disclosed by such a Survey and inspectionany update thereto, to which Buyer makes no timely objection in accordance with the provisions of this Section 44.2, and all such exceptions and other defects to which Buyer timely objects but later waives such objection as provided in this Section 44.2, shall be deemed Permitted Exceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Chesapeake Lodging Trust)

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Objectionable Title Matters and Permitted Exceptions. Except for any exceptions to or defects in Seller’s 's title (“Objectionable Title Matters”) which are not Permitted Exceptions and with respect to which Buyer gives Seller and Escrow Agent written notice of objection (each a “Title Objection Notice”) within ten days prior to on or before the Approval Date (or, with respect to any defect or exception which is disclosed in writing to Buyer after it delivered its last Title Objection Noticelater than the tenth day before the Approval Date, by the earlier of the Closing Date or five ten days after such matter is disclosed to Buyer by an update to the Buyer) ("Objectionable Title Report or otherwiseMatters"), Buyer shall be deemed to have approved the state of Seller’s 's title to the Hotel Premises subject to all matters of record existing as of the Effective Date and to all non-record matters existing as of the Effective Date that would be disclosed by the Title Report or the Title Documents or would be disclosed on the Effective Date by a Survey and an inspection of the Hotel Premises. All exceptions and other defects that are disclosed by the Title Report or the Title Documents, or would be disclosed by such a Survey and inspection, matters as to which Buyer makes no timely objection in accordance with the provisions of this Section 4, and all such exceptions and other defects to which Buyer timely objects but later waives such objection as provided in this Section 4, shall also be deemed Permitted Exceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (CNL Hospitality Properties Inc)

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