Common use of Purchaser’s Conditions to Closing Clause in Contracts

Purchaser’s Conditions to Closing. The following conditions must be satisfied not later than the Closing Date or such period of time as may be specified below and, as such, are conditions precedent for Purchaser to proceed with the Closing: (a) Seller shall have delivered to the Title Company (or other appropriate Person) the items described in Section 3.04(a) in accordance therewith; and (b) As of the Closing Date, the Title Company will issue or have irrevocably committed to issue the Title Policy (as defined in Section 2.01) to Purchaser, subject to the Permitted Exceptions. If the foregoing conditions set forth in this Section 4.01 are not satisfied or waived by Purchaser on or prior to the Closing Date, Purchaser may, at its election, terminate this Agreement by written notice delivered to Seller and to the Title Company, in which case, so long as Purchaser has not caused an Event of Default, the Deposit shall be returned to Purchaser and neither party shall have any further obligation or liability, except for the obligations and provisions which are expressly stated to survive termination of this Agreement.

Appears in 18 contracts

Samples: Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement

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Purchaser’s Conditions to Closing. The following conditions must be satisfied not later than the Closing Date or such period of time as may be specified below and, as such, are conditions precedent for Purchaser to proceed with the Closing: (a) Seller shall have delivered to the Title Company Escrow Agent (or other appropriate Person) the items described in Section 3.04(a) in accordance therewith; and; (b) As of the Closing Date, the Title Company will issue or have irrevocably committed to issue the Title Policy (as defined in Section 2.01) to Purchaser, subject to the Permitted ExceptionsEncumbrances; and (c) Seller is not in default of this Agreement. If the foregoing conditions set forth in this Section 4.01 are not satisfied or waived by Purchaser on or prior to the Closing Date, Purchaser may, at its election, terminate this Agreement by written notice delivered to Seller and to the Title CompanyEscrow Agent, in which case, so long as Purchaser has not caused an Event of Default, the Deposit shall be returned to Purchaser and ,so long as Seller has not caused an Event of Default, neither party shall have any further obligation or liability, except for the obligations and provisions which are expressly stated to survive termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ark Restaurants Corp)

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