Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's obligation to proceed with the Closing hereunder has not been satisfied or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing Date, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 5 contracts
Samples: Agreement of Purchase and Sale (Taubman Centers Inc), Agreement of Purchase and Sale (Taubman Realty Group LTD Partnership), Agreement of Purchase and Sale (CBL & Associates Properties Inc)
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's obligation to proceed with the Closing hereunder has not been satisfied or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing DateDate (in which event the Xxxxxxx Money shall be returned to Purchaser), or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 2 contracts
Samples: Supplemental Agreement (Urban Shopping Centers Inc), Supplemental Agreement (Urban Shopping Centers Inc)
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's =s obligation to proceed with the Closing hereunder has not been satisfied or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing Date, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 1 contract
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's ’s obligation to proceed with the Closing hereunder has not been satisfied in all material respects or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing DateDate or such earlier date required EAST\116250601.1 12 hereunder, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Resource Real Estate Opportunity REIT II, Inc.)
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's ’s obligation to proceed with the Closing hereunder has not been satisfied in all material respects or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing DateDate or such earlier date required hereunder, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Resource Real Estate Opportunity REIT II, Inc.)
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's obligation to proceed with the Closing hereunder has not been satisfied or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing DateDate or such earlier date required hereunder, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Glimcher Realty Trust)
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's ’s obligation to proceed with the Closing hereunder has not been satisfied or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing DateDate or such earlier date required hereunder, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Feldman Mall Properties, Inc.)
Permitted Termination. So long as a party is not in default hereunder, if any condition to such party's obligation to proceed with the Closing hereunder has not been satisfied or waived as of the Closing Date or such earlier date as provided herein, such party may, in its sole discretion, terminate this Agreement by delivering written notice to the other party before the Closing Date, or such earlier date required hereunder, and the Earnxxx Xxxey and all interest accrued thereon shall thereupon be immediately returned to Purchaser, or elect to close, notwithstanding the non-satisfaction of such condition, in which event such party shall be deemed to have waived any such condition.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (General Growth Properties Inc)