Purchaser's Objections. (i) On or before the later of (A) the expiration of the Due Diligence Period and (B) five (5) Business Days after the date upon which Purchaser has received a Title Commitment (the “Initial Objection Date”), Purchaser’s counsel shall notify the Seller Parties’ counsel in writing of any matters shown on the applicable Title Commitment, the Existing Policies or the Existing Surveys that Purchaser believes constitute Material Title Exceptions and/or Mandatory Removal Exceptions. With respect to any matter affecting title first appearing in any update to any Title Commitment or to any Existing Survey, which update is first received by Purchaser’s counsel five (5) Business Days prior to or on or after the Initial Objection Date, Purchaser’s counsel shall notify the Seller Parties’ counsel of any such matter that Purchaser believes constitutes Material Title Exceptions and/or Mandatory Removal Exceptions within five (5) Business Days after receipt of such update (such date and the Initial Objection Date are sometimes referred to herein as the “Objection Date”). Except as provided in Section 2.4(b)(ii) below, if Purchaser fails to give an objection notice pursuant to this Section 2.4(b)(i) with respect to any matter shown in any Title Commitment (or any update thereto), Existing Policy, or Existing Survey (or update thereto) on or before the applicable Objection Date, Purchaser shall be deemed to have irrevocably waived its right to object to such matter as a Material Title Exception or Mandatory Removal Exception.
(ii) Any title matters disclosed in the Title Commitments (or any update thereto), the Existing Policies, the Existing Surveys (or any update thereto) that (x) are raised by Purchaser on or before the applicable Objection Date, (y) materially impair the use or value of a Property as a restaurant or the operation of the business conducted thereon in any material manner and (z) are not Permitted Encumbrances or Mandatory Removal Exceptions, shall be referred to collectively as “Material Title Exceptions.” Without limiting the generality of the foregoing, the Parties agree that (A) the items set forth on Schedule 3.11(b) and (B) option agreements, rights of first offer, rights of first refusal, or the equivalent with respect to a Property or a portion thereof (1) where the beneficiary of such option or right is obligated to exercise such option or right at a fair market value of the Property or (2) which are contained in the Leases, which were made availa...
Purchaser's Objections. Seller's Cure---------------------------8
Purchaser's Objections. SELLER'S CURE. Other than those title exceptions ("Permitted Exceptions") applicable to Phase I and Phase II set forth in Schedule 6.03 attached hereto and made a part hereof, which shall include the Allocable Share Agreement set forth in Paragraph 7.24 and 8.08 hereof, and exceptions caused by or claimed under or through Seller that will be removed at the applicable Phase Closing (as hereinafter defined) if (i) the Commitment reveals any other matters or exceptions ("Title Defects"), or (ii) the Survey reveals any defects which affect the marketability of the applicable Phase or are deemed objectionable by Purchaser ("Survey Defects"), Purchaser shall notify Seller, in writing, of the same within fifteen (15) days following the date of delivery to Purchaser of the last of the Commitment and Survey ("Defects
Purchaser's Objections. Purchaser shall have forty-five (45) days after the later to occur of (i) execution of this Agreement or (ii) receipt of all of the following: (a) the Title Commitment, (b) the Survey, and
Purchaser's Objections. Purchaser has received from Seller copies of the Existing Title Commitment and the Current Survey. Purchaser may object (i) to any matter disclosed in the Existing Title Commitment or the Current Survey that constitutes a Valid Objection by giving notice thereof to Seller prior to 5:00 P.M. local Atlanta, Georgia time, on November 17, 2016 (the "First Title Notice"), and (ii) to any title matters first appearing of record after the effective date of the Existing Title Commitment and to any matters first appearing on the Real Property after the field work date of the Current Survey and revealed by any update to the Current Survey, in each case that constitute Valid Objections, by giving notice thereof to Seller any time after the First Title Notice and prior to the Closing Date (any such notice, a "Subsequent Title Notice"). Purchaser shall be deemed not to have objected to any matters of title and survey of which Purchaser fails to give Seller timely notice in accordance with this Section 3.4(a), and any such matters shall constitute Permitted Exceptions.
Purchaser's Objections. Purchaser shall have seven (7) business days after the later to occur of (i) execution of this Agreement or (ii) receipt of all of the following: (a) the Title Commitment, (b) the Survey, and (c) legible copies of all liens and encumbrances enumerated in the Title Commitment, to notify Seller of any Exceptions in the Title Commitment or any matter disclosed by the Survey which makes the Premises unsuitable for Purchaser's purposes, in Purchaser's sole reasonable judgment ("Title Objections"). Seller thereupon shall have seven (7) business days within which to cause such Title Objections to be removed from the Title Commitment or cause the matters reflected on the Survey to be removed, as the case may be ("Cure"). In the event that Seller is unable or unwilling to effect such Cure, then Purchaser, at its option, may select (i) to terminate this Agreement, whereupon the Xxxxxxx Money paid by Purchaser shall be returned to Purchaser, and the parties hereto shall have no further obligations hereunder, or (ii) to waive such Title Objections and to proceed to Closing as set forth in Article VII hereof. All Exceptions approved by Purchaser or Title Objections subsequently waived in writing shall hereinafter be deemed to be "Permitted Exceptions".
Purchaser's Objections. Within seven (7) days after receiving all of (i) the Title Commitments, (ii) Surveys, and (iii) copies of any documents listed in Schedule B of the Title Commitments for the Facilities, Purchaser shall make any written objections to title it may have ("Objections"). Purchaser's failure to make Objections within such time period will constitute a waiver of Objections with respect to matters disclosed in Schedule B of the Title Commitment (and any Survey heretofore delivered to Purchaser).
Purchaser's Objections. If the Purchaser, acting reasonably, believes that any change is required to be made to the final Effective Date Working Capital Statement as prepared by the Vendor, it shall, on or before that date (the "Objection Date") which is 10 Business Days after the delivery of the Effective Date Working Capital Statement by the Vendor pursuant to Section 2.3(d)(ii), give written notice of any such proposed change, including the reason for such change, to the Vendor. In the event that the Purchaser does not notify the Vendor of any proposed change on or before the Objection Date, then the Purchaser shall be deemed to have accepted the final Effective Date Working Capital Statement.
Purchaser's Objections. Purchaser shall be allowed ten (10) days after receipt of said title insurance commitment and said survey for the examination thereof and the making of any objections to the marketability of title, such objections must be made in writing within that 10-day period or all objections are deemed to be waived. If any objections are so made, Seller shall be allowed sixty (60) days to make such title marketable. If such defects are cured within said sixty (60) day period, Purchaser shall be notified in writing of the curing of said defects, and Purchaser then shall be allowed ten (10) days after receipt of such notice to perform in accordance with the terms of this Agreement. If such title is not marketable and not made so within said sixty (60) day period and Purchaser does not waive, by written notice given to Seller within ten (10) days after the end of said sixty (60) day period, the curing of said defects, this Agreement shall be null and void, in which event neither Purchaser nor Seller shall be liable for damages hereunder to the other. If Purchaser elects to waive said objections, it shall be allowed ten (10) days after it so notifies Seller to perform in accordance with the terms of this Agreement.
Purchaser's Objections. In the event that (i) the Survey shows any easement, rights-of-way, encroachment or conflict or other matter affecting the Property that is unacceptable to Purchaser, or (ii) any exceptions to title are listed in the Title Report or any supplement thereto other than standard printed exceptions, which adversely affect the Property and are unacceptable to Purchaser, or (iii) any information contained in any Property Document is unacceptable to Purchaser, or (iv) Purchaser determines as a result of its inspections of the Property that the physical condition of the Property is not acceptable to Purchaser in any material respect, or (v) Purchaser determines that the Environmental Condition of the Property is not reasonably acceptable to Purchaser in any material respect, Purchaser shall, no later than 4:00 p.m. (California time) on the Contingency Termination Date, notify Seller in writing of such facts and the reasons for such disapproval ("Purchaser's Objection(s)"), and Purchaser may elect to terminate the Escrow and receive a return of the Deposit less all amounts due from
