PURCHASERS SATISFACTION. During the period commencing on the Effective Date and ending January 19, 2004 (the "APPROVAL PERIOD"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement: (a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses; and (b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's intended uses or any of the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, Purchaser may give notice thereof to Seller on or before the expiration of the Approval Period, whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
PURCHASERS SATISFACTION. During the period commencing on the Effective Date and ending January 19, 2004 (the "APPROVAL PERIOD"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement:
(a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(A) through SECTION 4.1(ETHROUGH (C) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's intended uses or any of the items listed above in SECTION 4.1(A) through SECTION 4.1(ETHROUGH (C) above, Purchaser may give notice thereof to Seller on or before the expiration of the Approval Period, whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E4.1(C) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
PURCHASERS SATISFACTION. During the period commencing on the Effective Date and ending January 19on June 3, 2004 (the "APPROVAL PERIOD"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement:
(a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(A4.1(a) through SECTION 4.1(E4.1(d) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's intended uses or any of the items listed above in SECTION 4.1(A4.1(a) through SECTION 4.1(E4.1(d) above, Purchaser may give notice thereof to Seller on or before the expiration of the Approval Period, whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money Money, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A4.1(a) through SECTION 4.1(E4.1(d) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)
PURCHASERS SATISFACTION. During Prior to the period commencing on the Effective Date and ending January 19, 2004 (the "APPROVAL PERIOD")Approval Deadline, the following matters shall be conditions precedent to Purchaser's obligations under this AgreementContract:
(a) Purchaser's being satisfied satisfied, in Purchaser's sole discretion that discretion, with the updated survey of the Property is suitable for Purchaser's intended uses; and(the "Survey").
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(A) through SECTION 4.1(E) aboveTitle Commitment, including the information reflected therein. If Purchaser is not satisfied .
(c) Purchaser's being satisfied, in Purchaser's sole discretion, with the results of its environmental investigation (the "Environmental Report").
(d) Purchaser's being satisfied, in Purchaser's sole discretion as to discretion, with the suitability results of its structural investigation (the "Structural Report").
(e) Purchaser's being satisfied, in Purchaser's sole discretion, with the review of the Property Property, pursuant to 36 CFR Part 800, investigating the potential for Purchaser's intended uses or any of "cultural resources" located thereupon (the items listed above in SECTION 4.1(A"Other Reports").
(a) through SECTION 4.1(E4.1.1(e) above, Purchaser may give notice thereof to Seller on or before the expiration of the Approval Period, Deadline whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money Earnxxx Xxxey (subject to Purchaser's delivery of the Reports to Seller as required by Section hereof), and neither party shall have any further obligation hereunder except for the Surviving Survival Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period Deadline that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(ASections 4.1.1
(a) through SECTION 4.1(E4.1.1(e) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION Section 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Continental Circuits Corp)
PURCHASERS SATISFACTION. During the forty-five (45) day period commencing on the Effective Date and ending January 19, 2004 (the "APPROVAL PERIOD"“Approval Period”), the following matters shall be conditions precedent to Purchaser's ’s obligations under this Agreement:
(a) : Purchaser's ’s being satisfied satisfied, in Purchaser's ’s sole discretion discretion, that the Property is suitable for Purchaser's ’s intended uses; and
(b) and Purchaser's ’s being satisfied, in Purchaser's ’s sole discretion, with the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(f) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's ’s intended uses or any of the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(f) above, or for any reason or for no reason whatsoever Purchaser may give notice thereof of Purchaser’s decision to terminate this Agreement to Seller on or before the expiration of the Approval Period, whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money Money, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to give terminate this Agreement by giving notice thereof to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(f) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION Section 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Global Growth Trust, Inc.)
PURCHASERS SATISFACTION. During the period commencing Commencing on the Effective Date and ending January 19December 24th, 2004 1997 (the "APPROVAL PERIODApproval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this AgreementContract:
(a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(f) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's intended uses or any of the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(f) above, Purchaser may give notice thereof to Seller on or before the expiration of the Approval Period, whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money (subject to Purchaser's delivery of the Reports to Seller as required by Section 3.1 of this Agreement), and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(f) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION Section 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
PURCHASERS SATISFACTION. During the forty-five (45) day period commencing on the Effective Date and ending January 19, 2004 (the "APPROVAL PERIOD"“Approval Period”), the following matters shall be conditions precedent to Purchaser's ’s obligations under this Agreement:
(a) Purchaser's ’s being satisfied satisfied, in Purchaser's ’s sole discretion discretion, that the Property is suitable for Purchaser's ’s intended uses; and
(b) Purchaser's ’s being satisfied, in Purchaser's ’s sole discretion, with the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(c) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's ’s intended uses or any of the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(ESection 4.1(c) aboveabove or for any or no reason, Purchaser may give notice thereof to Seller on or before the expiration of the Approval Period, whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money Exxxxxx Money, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) abovePurchaser’s election to terminate this Agreement, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION Section 4.1.1 shall be deemed to be satisfiedsatisfied except with respect to any New Exceptions as described below in Section 4.1.3(c).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Real Estate Investors 7, L.P.)
PURCHASERS SATISFACTION. During The obligation of Purchaser to close the period commencing transaction contemplated hereby is subject, at Purchaser’s option, to Purchaser’s review and approval prior to expiration of the Approval Period of (i) the financial data and information respecting the operation of the Property, (ii) the feasibility of Purchaser’s acquisition of the Property, (iii) the physical and structural condition of the Property, (iv) the Leases and Contracts, and (v) all other documents and items to be delivered to or made available to Purchaser pursuant to Section 4.1 above. The “Approval Period” shall commence on the Effective Date hereof and ending January 19end at 5:00 p.m. Central Daylight Time on October 10, 2004 (2014. In the "APPROVAL PERIOD")event Purchaser does not, the following matters shall be conditions precedent to Purchaser's obligations under this Agreement:
(a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as prior to the suitability of the Property for Purchaser's intended uses or any of the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, Purchaser may give notice thereof to Seller on or before the expiration end of the Approval Period, whereupon notify Seller in writing of the waiver of its right to terminate this Agreement pursuant to its review of the items as set forth in this Section 4.2, this Agreement shall terminate, and upon automatically terminate without requirement of further action on the part of Purchaser or Seller. In the event of such termination, Purchaser shall be entitled immediately return to Seller any documents, plans, studies or other materials related to the return of the Xxxxxxx Money Property that were provided by Seller to Purchaser, and thereafter neither party Seller nor Purchaser shall have any further obligation hereunder obligations or rights under this Agreement except for the Surviving Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wheeler Real Estate Investment Trust, Inc.)
PURCHASERS SATISFACTION. During the period commencing on the Effective Date date hereof and ending January 19on September 26, 2004 1997 at 5:00 p.m. eastern standard time (the "APPROVAL PERIODApproval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this AgreementContract:
(a) Purchaser's being satisfied satisfied, in Purchaser's sole discretion discretion, that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, including the information reflected thereininspections pursuant to Section 4.4 below. If Purchaser provides to Seller written notice ("Purchaser's Notice") that Purchaser, in its sole discretion, is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's intended uses or with any of the items listed above in SECTION 4.1(A) through SECTION 4.1(E) aboveits inspection results and therefore wishes to terminate this Agreement, Purchaser may give notice thereof to Seller then on or before the expiration of the Approval Period, Period Purchase may deliver the Purchaser's Notice whereupon this Agreement shall terminate, and upon . Upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money Money, (subject to Purchaser's delivery of the Report(s)) and neither party shall have any further obligation hereunder except for any obligations which expressly survive the Surviving Obligationstermination of this Agreement. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) abovePurchaser's Notice, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 Section 4.2 shall be deemed to be satisfied.
Appears in 1 contract
PURCHASERS SATISFACTION. During the period commencing on the Effective Date and ending January 19on December 13, 2004 1996 (the "APPROVAL PERIODApproval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this AgreementContract:
(a) Purchaser's being satisfied satisfied, in Purchaser's sole discretion discretion, that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(Adelivered pursuant to Section 4.1(3), (4) through SECTION 4.1(Eand (5) above, including the information reflected therein. If Purchaser is not satisfied satisfied, in its sole discretion discretion, as to the suitability of the Property for Purchaser's intended uses or any of the items listed above in SECTION 4.1(Adelivered pursuant to Section 4.1(3), (4) through SECTION 4.1(E) aboveand (5), Purchaser may give written notice thereof to Seller on or before the expiration of the Approval PeriodPeriod (the "Disapproval Notice"), whereupon this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money (return of $10,000.00 of the Xxxxxxx Money shall be subject to Purchaser's delivery of the third party Reports to Seller as required pursuant to Section 3.1(d) above), and neither party shall have any further obligation hereunder except for the Surviving Obligations. If Purchaser fails to timely give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) aboveDisapproval Notice, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 Section 4.2 shall be deemed to be satisfied.
Appears in 1 contract
PURCHASERS SATISFACTION. During the thirty- (30-) day period commencing on the later of (a) the date Seller delivers to Purchaser the items listed in Section 4.1(a) through 4.1(c), or (b) the Effective Date and ending January 19, 2004 (the "APPROVAL PERIODApproval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement:
(a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses;
(b) Purchaser's being satisfied in Purchaser's sole discretion with the results of Purchaser's investigations as provided for in Section 4.2; and
(bc) Purchaser's being satisfied, in Purchaser's sole discretion, with the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(E) aboveSection 4.1(c), including the information reflected therein. If Purchaser is not satisfied in its sole discretion is satisfied as to the suitability of the Property for Purchaser's intended uses or any uses, the results of Purchaser's investigations as provided in Section 4.2 and the items listed above in SECTION 4.1(ASection 4.1(a) through SECTION 4.1(E) aboveSection 4.1(c), Purchaser may shall give notice thereof to Seller on or before the expiration of the Approval Period. If Purchaser fails to give such notice, whereupon then this Agreement shall terminate, and upon such termination, Purchaser shall be entitled to the return of the Xxxxxxx Money Earnxxx Xxxey (subject to Purchaser's delivery of the Reports to Seller as required by Section 3.1), and neither party shall have any further obligation hereunder except for the Surviving Survival Obligations. If Purchaser fails to give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) above, Purchaser shall be deemed to be satisfied with such matters and the conditions precedent in this SECTION 4.1.1 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Continental Circuits Corp)
PURCHASERS SATISFACTION. During The obligation of Purchaser to close the period commencing on the Effective Date and ending January 19transaction contemplated hereby is subject, 2004 (the "APPROVAL PERIOD")at Purchaser’s option, the following matters shall be conditions precedent to Purchaser's obligations under this Agreement:
’s review and approval prior to expiration of the Contingency Period of (ai) the financial data and information respecting the operation of the Property, (ii) the feasibility of Purchaser's being satisfied in ’s acquisition of the Property, (iii) the physical and structural condition of the Property, (iv) the Leases and Service Contracts, and (v) all other documents and items to be delivered to or made available to Purchaser pursuant to Section 3.2 above. If, for any reason whatsoever, or no reason at all, Purchaser's sole discretion that the Property is suitable for Purchaser's intended uses; and
(b) Purchaser's being satisfied, in Purchaser's its sole and absolute discretion, with the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, including the information reflected therein. If Purchaser is not satisfied in its sole discretion as to the suitability of the Property for Purchaser's intended uses or with any of the items listed above in SECTION 4.1(A) through SECTION 4.1(E) above, Purchaser may give notice thereof to Seller foregoing at any time on or before the expiration of the Approval Contingency Period, whereupon then Purchaser may elect, at its option, to terminate this Agreement by delivering notice of termination to Seller prior to the expiration of the Contingency Period, in which event the Deposit shall terminateforthwith be returned to Purchaser, and upon such termination, thereafter neither Seller nor Purchaser shall be entitled to the return of the Xxxxxxx Money and neither party shall have any further obligation hereunder obligations or rights under this Agreement except for the Surviving Obligationsthose that specifically survive a termination as provided in this Agreement. If Purchaser fails to timely give notice to Seller on or before the expiration of the Approval Period that Purchaser is not satisfied with the suitability of the Property or any of the items listed in SECTION 4.1(A) through SECTION 4.1(E) abovetermination, Purchaser shall be deemed to be satisfied with such matters matters, and the conditions precedent in this SECTION 4.1.1 Section 3.3 shall be deemed to be satisfied.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)