Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that First American Title Company (“Escrow Holder Holder”) receives a copy of this Agreement fully executed by Buyer Seller and Sellerexecuted and attested by Buyer. Buyer and Seller shall use their best reasonable efforts to cause the Opening of Escrow to occur on or before as soon as possible, but not later than five (5) business days after the Effective Date. Escrow Holder shall promptly notify provide Buyer and Seller in writing of with notice confirming the date of the Opening of EscrowEscrow in writing. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow Escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments instrument shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments any Escrow instrument and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments Escrow instrument shall extinguish any obligations imposed by this Agreement or any other agreement contract between Seller and Buyer.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Seller and executed and attested by Buyer and Seller(“Opening of Escrow”). Buyer and Seller shall use their best reasonable efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow Escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this AgreementAgreement (“Escrow Instruments”); provided, however, that no such instruments instrument shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments an Escrow Instrument and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments Escrow Instrument shall extinguish any obligations imposed by this Agreement or any other agreement contract between Seller and Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer Xxxxx and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) Escrow shall be deemed opened (“Opening of Escrow”) on the date that which Escrow Holder receives (i) a copy fully executed original or originally executed counterparts of this Agreement fully executed by from both Seller and Buyer and Seller(ii) the Initial Deposit from Buyer. If Buyer and Seller shall use their best efforts fails to cause deliver the Opening of Initial Deposit to Escrow to occur on or before five Holder within one (51) business days Business Day after the Effective Date. Escrow Holder , this Agreement, at Seller’s written election, shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrowterminate. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments reasonably required by Escrow Holder in order to consummate the transaction contemplated by this Agreement, including without limitation, Escrow Holder’s general conditions attached hereto as Exhibit 4.1 (the “General Conditions”); provided, however, that no any such supplemental instructions, instruments or General Conditions shall be inconsistent or in not conflict with, amend or supersede any portion portions of this Agreement. If there is To the extent of any conflict or inconsistency between the terms provisions of such supplemental instructions, instruments or General Conditions and the terms provisions of this Agreement, then the terms provisions of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Apple REIT Seven, Inc.)
Opening of Escrow. For the purposes of this Agreement, the escrow ----------------- (“"Escrow”") shall be deemed opened (“"Opening of Escrow”") on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five three (53) business days after the Effective Execution Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Powerwave Technologies Inc)
Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives a copy of this Agreement fully executed by Buyer Xxxxx and Seller. Buyer and Seller shall use their best efforts to cause the Opening of Escrow to occur on or before five (5) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer Xxxxx and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyer.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) Escrow shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives an original (or counterpart originals) and/or a copy (or counterpart copies) of this Agreement fully executed by Buyer and Seller. Buyer and Seller Each party shall use their best efforts deliver to cause Escrow Holder counterparts of the Opening of Escrow to occur on or before five signing party’s executed Agreement within two (52) business days after this Agreement is executed and delivered by the Effective Dateparties. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of such instruments and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality Escrow Holder shall comply with applicable laws, including any reporting requirements of the foregoingInternal Revenue Code, no such instruments shall extinguish any obligations imposed by this Agreement or any other agreement between Seller and Buyerin administering the Escrow.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Hines Real Estate Investment Trust Inc)