PURCHASER’S ACKNOWLEDGMENTS. The Purchaser acknowledges that: -
7.1 the Seller shall be entitled to subdivide any section in the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requires. The Purchaser hereby consents to the aforesaid subdivisions and consolidations, insofar as his consent may be required, and hereby irrevocably and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and in rem suam appoints the Seller to exercise the Purchaser’s voting rights with regard to the appointment of the Trustees of the Body Corporate and the appointment of Managing Agents of the Scheme, the Purchaser acknowledging that the Administrator or its nominee may apply to be appointed as Managing Agents of the Scheme; and
7.2.2 the Purchaser shall not be entitled to vote in favour of the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section in the Scheme or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986.
7.3 he will not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 the Administrator and the Operator grant their consent...
PURCHASER’S ACKNOWLEDGMENTS. 17.1 The Purchaser acknowledges that he is aware of the intended future development on the Estate by the Seller. Such development is intended to involve the establishment of high quality residential units on various portions of the Estate so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Seller in an endeavour to facilitate the success of the developments within the Estate. Also in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the Seller, its nominee or agent for:
17.1.1 any rezoning or change of use or additional use in respect of any property within the Estate, whether in accordance with the Layout Plan or otherwise;
17.1.2 special consent usages;
17.1.3 the amendment or partial amendment of any general plan in respect of the property within the Estate, whether in accordance with the Layout Plan or otherwise;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser specifically acknowledges that owners of land surrounding the Property will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the land on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with th...
PURCHASER’S ACKNOWLEDGMENTS. 5.1 The Purchaser acknowledges and agrees (on its own behalf and, if applicable, on behalf of each beneficial purchaser for whom the Purchaser is contracting hereunder) with the Company (which acknowledgements and agreements shall survive the Closing) that:
(a) This subscription forms part of a larger Offering.
(b) The Units are subject to resale restrictions under applicable Securities Laws (defined below) and the Purchaser covenants that it will not resell the Units (or any securities underlying the Units or that may be issued in connection with the Units), except in compliance with such laws and the Purchaser acknowledges that it is solely responsible (and the Company is not in any way responsible) for such compliance. The Purchaser is advised to consult the Purchaser’s own legal advisors in this regard. For purposes hereof, “Securities Laws” means the Securities Act (British Columbia) (the “B.C. Act”), the 1933 Act, and the rules and regulations promulgated thereunder and all orders, rulings, published policy statements, notices, interpretation notes, directions and instruments thereunder and, if the Purchaser is not resident in British Columbia, also means the Other Applicable Securities Laws.
PURCHASER’S ACKNOWLEDGMENTS. The Purchaser acknowledges that:
(a) This Contract contains all the terms and conditions of the sale of the property by the Vendor to the Purchaser;
(b) There are no promises, representations or warranties made by the Vendor or any person on the Vendor's behalf, including without limitation the Vendor's agent, which induced the Purchaser to enter into the Contract;
(c) The Vendor's agent, the Vendor's solicitors or any consultant, agent or employee or anyone else acting or purporting to act on behalf of the Vendor does not have any authority in relation to the sale of the property to make any promise, representation or warranty binding on the Vendor which is not included in this Contract;
(d) Any such promises, representations or warranties to the extent that they have been made, are hereby expressly negatived and withdrawn;
(e) The Purchaser has been given every opportunity to inspect the property and has done so. The Purchaser has agreed to purchase on the basis of all defects and impediments that are or might exist in respect of it;
(f) The Vendor does not guarantee that there are no encroachments affecting the land. The Purchaser is not entitled to terminate this Contract or delay settlement or made any claim for compensation or damages because of the existence of any encroachments affecting the land;
(g) The property is purchased subject to the existence or otherwise of approvals, consents, permits, certificates and licences from authorities relating to the property (including any conditions attaching to them) including any failure to comply with or obtain any such approvals, consents, permits, certificates and licences (or any conditions attaching to them);
(h) The property is purchased by the Purchaser subject to the existence of any contamination, contaminant, waste, environmental harm (Material, serious or otherwise), environmental nuisance and asbestos; and
(i) The property has been purchased at the price agreed on the basis of existing amenities and as a result of the Purchaser's own inspections and enquiries.
PURCHASER’S ACKNOWLEDGMENTS. (Buyer initial) Xxxxx has received the pamphlet Protect Your Family from Lead in Your Home. Buyer has (check one below): Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
PURCHASER’S ACKNOWLEDGMENTS. 9.1 The Purchaser acknowledges that:
9.1.1 the Share Block is sold and purchased and voetstoots without any warranties or representations (other than those set out in clause 8), either express or implied, and with all defects, if any, latent or patent, that may exist both in respect of the Company and the Company’s assets;
9.1.2 the Purchaser accepts the use of the Share Block and the Residences, with effect from the Effective Date, in accordance with the terms of the Use Agreement, the Rules and the MOI on a voetstoots basis;
9.1.3 the Purchaser has seen, understood, accepted and agreed to be bound by and will duly observe the contents and provisions of;
9.1.3.1 the MOI of the Company;
9.1.3.2 the Use Agreement; and
PURCHASER’S ACKNOWLEDGMENTS. 4.1 The Purchaser acknowledges and agrees (on its own behalf and, if applicable, on behalf of each beneficial purchaser for whom the Purchaser is contracting hereunder) with the Corporation (which acknowledgements and agreements shall survive the Closing) as follows:
(a) This subscription forms part of the Offering.
(b) The Securities are subject to resale restrictions under applicable securities laws and the Purchaser covenants that it will not resell the Securities except in compliance with such laws and the Purchaser acknowledges that it is solely responsible (and the Corporation is not in any way responsible) for such compliance. The Purchaser is advised to consult the Purchaser’s own legal advisors in this regard.
(c) The Units are being offered for sale only on a “private placement” basis.
(d) In purchasing the Units, the Purchaser has relied solely upon publicly available information relating to the Corporation and not upon any oral or written representation as to any fact or otherwise made by or on behalf of the Corporation or any other person associated therewith, the decision to purchase the Units was made on the basis of publicly available information.
PURCHASER’S ACKNOWLEDGMENTS. Purchaser acknowledges that he or she: (i) has read this Agreement; (ii) has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of Purchaser’s own choice or has voluntarily declined to seek such counsel; (iii) understands the terms and consequences of this Agreement; (iv) is fully aware of the legal and binding effect of this Agreement; and (v) understands that the law firm of Xxxxxx, Xxxx & Xxxxxxxx LLP is acting as counsel to the Company in connection with the transactions contemplated by the Agreement, and is not acting as counsel for Purchaser.
PURCHASER’S ACKNOWLEDGMENTS. 5.1 The Purchaser acknowledges and agrees with the Company, the Agents and the U.S. Affiliate (which acknowledgements and agreements shall survive the Closing) that:
(a) The Shares are subject to resale restrictions under Applicable Securities Laws and the Purchaser covenants that it will not resell the Shares except in compliance with such laws and the Purchaser acknowledges that it is solely responsible (and none of the Company, the Agents, the U.S. Affiliate or their respective legal counsel are in any way responsible) for such compliance. The Purchaser is advised to consult the Purchaser’s own legal advisors in this regard.
(b) The Shares are being offered for sale only on a “private placement” basis.
(c) In purchasing the Shares, the Purchaser has relied solely upon publicly available information relating to the Company and not upon any oral or written representation as to any fact or otherwise made by or on behalf of the Company or any other person associated therewith, except as set forth in Section 7 hereto. The Purchaser’s decision to purchase the Shares was made on the basis of publicly available information. The Agents and the U.S. Affiliate have not independently investigated or verified such publicly available information, and the Purchaser agrees that the Agents and the U.S. Affiliate assume no responsibility or liability of any nature whatsoever for the accuracy, adequacy or completeness of the publicly available information or as to whether all information concerning the Company required to be disclosed by the Company has been generally disclosed.
(d) The offer of the Shares does not constitute a recommendation to purchase the Shares or financial product advice and the Purchaser acknowledges that none of the Agents, the U.S. Affiliate or the Company has had regard to the Purchaser’s particular objectives, financial situation and needs.
(e) The representations, warranties, covenants and acknowledgements of the Purchaser contained in this Subscription Agreement, and in any appendices or other documents or materials executed and delivered by the Purchaser in connection with the Offering, are made by the Purchaser with the intent that they may be relied upon by the Company, the Agents, the U.S. Affiliate and their respective professional advisors in determining the Purchaser’s eligibility to purchase the Shares. The Purchaser further agrees that by accepting the Shares the Purchaser shall be representing and warranting that the foregoing repres...
PURCHASER’S ACKNOWLEDGMENTS. The Purchaser acknowledges that the Purchaser: (i) has read this Agreement; (ii) has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of the Purchaser’s own choice or has voluntarily declined to seek such counsel; (iii) understands the terms and consequences of this Agreement; and (iv) is fully aware of the legal and binding effect of this Agreement.
