Common use of Purchaser’s Closing Conditions Clause in Contracts

Purchaser’s Closing Conditions. Purchaser’s obligation to consummate the Closing is subject to the following conditions precedent (“Purchaser’s Closing Conditions”), which conditions may be waived by Purchaser in writing as its option: (a) All representations and warranties made by Seller in this Agreement shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date, subject to any updates to the representations of which Seller notifies Purchaser after the Effective Date pursuant to Section 8.1 hereof. (b) Seller shall have delivered all of the documents required to be delivered by Seller pursuant to Section 10.4 and shall have performed in all material respects all of its other obligations, hereunder required to be performed by the Closing Date and complied with all conditions, required by this Agreement to be performed or complied with by Seller at or prior to the Closing. In the event the purchase and sale of the Property are not consummated because any condition precedent to Purchaser’s obligation to close set forth in this Section 10.1.1 has not been satisfied or waived by Purchaser in writing by the Closing Date, the Deposit shall be returned to Purchaser, this Agreement shall terminate and neither party shall have any further rights or obligations hereunder.

Purchaser’s Closing Conditions. The following shall be conditions (“Closing Conditions”) precedent to Purchaser’s obligation (for the sole benefit of Purchaser) to consummate proceed with Closing: (i) there shall have been no adverse change in the Closing is subject Title Commitment after the 5th business day prior to the following conditions precedent expiration of the Feasibility Period without the express written consent of Purchaser and the Title Company is unconditionally and irrevocably committed to issue the Owner’s Policy conforming to the requirements of Section 3.04 and (“Purchaserii) Seller’s Closing Conditions”), which conditions may be waived by Purchaser in writing as its option: (a) All representations and warranties made by Seller set forth in this Agreement shall be Section 6.01 are true and correct in all material respects on and as of the Closing Date. If any of the Closing Conditions are not satisfied by Closing, as if made on then Purchaser may elect, in its sole discretion, to (i) waive any such condition and as close the transaction contemplated by this Agreement or (ii) terminate this Agreement, and the Xxxxxxx Money shall be refunded to Purchaser and the parties shall be relieved of such date, any further obligations subject to the following sentence. Exercise of either of the foregoing shall be in addition to any updates to the representations of which Seller notifies rights Purchaser after the Effective Date might have pursuant to Section 8.1 hereof. (b) Seller shall have delivered all 9.02 of this Agreement if the cause of the documents required to be delivered failure of the Closing Condition is a default by Seller in the performance of its obligations pursuant to Section 10.4 and shall have performed in all material respects all of its other obligations, hereunder required to be performed by the Closing Date and complied with all conditions, required by this Agreement to be performed or complied with by Seller at or prior to the Closing. In the event the purchase and sale of the Property are not consummated because any condition precedent to Purchaser’s obligation to close set forth in this Section 10.1.1 has not been satisfied or waived by Purchaser in writing by the Closing Date, the Deposit shall be returned to Purchaser, this Agreement shall terminate and neither party shall have any further rights or obligations hereunderAgreement.

Purchaser’s Closing Conditions. Purchaser’s The obligation of Purchasers to consummate purchase the Notes intended to be purchased by Purchasers and to complete the matters to be completed by Purchasers at the Closing is subject to the fulfillment to Purchasers’ satisfaction (or the waiver by Purchasers) on or prior to the Closing Date of each of the following conditions precedent (“Purchaser’s Closing Conditions”), which conditions may be waived by Purchaser in writing as its optionconditions: (a) All On the Closing Date, the representations and warranties made by Seller the Company in this Agreement Article Six shall be true and correct in all material respects when made and shall be true and correct on the Closing Date with the same force and effect as if they had been made on and as of the Closing Date, as if made on and as of such date, subject to any updates to the representations of which Seller notifies Purchaser after the Effective Date pursuant to Section 8.1 hereof.; (b) Seller The actions to be taken at the Closing described in Section 5.2, including, but without limitation, the execution and delivery of the Transaction Documents by all parties thereto, shall have delivered all of the documents required to be delivered by Seller pursuant to Section 10.4 and shall have performed in all material respects all of its other obligationsbeen, hereunder required to be performed by or at the Closing Date shall be, taken. (c) All covenants, agreements, and complied with all conditions, required by conditions contained in this Agreement to be performed or complied with by Seller at the Company on or prior to the Closing. In the event the purchase and sale of the Property are not consummated because any condition precedent to Purchaser’s obligation to close set forth Closing Date shall have been performed or complied with in this Section 10.1.1 has not been satisfied or waived by Purchaser in writing by all respects; (d) On the Closing Date, the Deposit Company shall be returned have (i) obtained all Consents, if any, necessary to execute, deliver, and perform this Agreement and the other Transaction Documents, and any other agreements or instruments contemplated herein and therein, to issue and sell the Note and to carry out the Transactions contemplated hereby and thereby and (ii) delivered evidence thereof to Purchaser, this Agreement shall terminate and neither party shall have any further rights or obligations hereunder.;

Purchaser’s Closing Conditions. Purchaser’s obligation to consummate the proceed with Initial Closing, Second Closing, and Final Closing is subject to conditioned upon: (i) on the following conditions precedent (“Purchaser’s Initial Closing Conditions”)Date, which conditions may be waived by Purchaser in writing Second Closing Date, and Final Closing Date, as its option: (a) All applicable, each of the representations and warranties made by of Seller in this Agreement Section 8 shall be true and correct in all material respects as if the same were made on and as of the Initial Closing Date, Second Closing Date, or Final Closing Date, as if made applicable; and (ii) on the Initial Closing Date, Second Closing Date, and as of such dateFinal Closing Date, subject to any updates to the representations of which Seller notifies Purchaser after the Effective Date pursuant to Section 8.1 hereof. (b) Seller shall have delivered performed all of the documents required to be delivered by Seller pursuant to Section 10.4 and shall have performed in all material respects all of its other obligations, hereunder obligations required to be performed by the Closing Date and complied with all conditions, required by Seller under this Agreement as and when required pursuant to be performed this Agreement. If any conditions in this Section 10.1.2 have not been satisfied on or complied with by Seller at or prior to before the Closing. In the event the purchase and sale of the Property are not consummated because any condition precedent to Purchaser’s obligation to close applicable date set forth in this Section 10.1.1 has not been satisfied 10.1.2 with respect to each condition, then Purchaser may terminate this Agreement as to the Purchased Assets to be conveyed on such date by written notice to Seller on or waived by before the applicable date, subject, however, to Section 12.1. The conditions in this Section 10.1.2 are specifically stated and for the sole benefit of Purchaser. Purchaser in writing its discretion may unilaterally waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any part thereof, by the Closing Date, the Deposit shall be returned notice to Purchaser, this Agreement shall terminate and neither party shall have any further rights or obligations hereunderSeller.