Pursuit Costs Sample Clauses

Pursuit Costs. The actual, out-of-pocket fees, costs and expenses incurred by Purchaser in connection with this Agreement and the transactions contemplated in this Agreement, in an amount not to exceed $75,000.

Pursuit Costs. IF BUYER BECOMES ENTITLED TO REIMBURSEMENT OF PURSUIT COSTS, BUYER WILL DELIVER WRITTEN NOTICE TO SELLER, WHICH NOTICE SHALL SPECIFY THE AMOUNT OF

Pursuit Costs. (i) Prior to the date hereof, the MP Member Group and BH and their respective Affiliates, have incurred, and may hereafter incur prior to the Closing Date third party out-of-pocket costs and expenses in connection with the negotiation and closing of the Purchase Agreement and their respective due diligence analyses and other evaluations of the Property (including, without limitation, costs of environmental and engineering and other feasibility reports and studies, costs related to analyzing the Property (including, without limitation, travel costs) and costs (including, without limitation, attorneys’ fees) incurred by the Members in reviewing and analyzing work conducted by Grand Peaks Properties, Inc. or its agents), fees and expenses related to the assumption of the Assumed Loans, and costs to complete an audit of the financial statements in respect of the Property in compliance with certain Laws and regulations applicable to BH and/or its Affiliates (collectively, the “Pursuit Costs”).

Pursuit Costs. All costs of identifying, investigating, reviewing, and analyzing the feasibility and desirability of acquiring Target Properties, including travel costs, the costs of environmental, engineering, title, and other reports of third party consultants, attorneys' fees incurred in connection with the negotiation of letters of intent, purchase agreements, and other contractual documentation relating to any such proposed acquisition and in connection with due diligence regarding any Target Property, and all costs of identifying, applying for, and negotiating any financing in connection with the proposed acquisition of a Target Property; provided, however, Pursuit Costs shall not include the corporate overhead of a Member or any Affiliate of a Member.

Pursuit Costs. IF BUYER BECOMES ENTITLED TO REIMBURSEMENT OF PURSUIT COSTS, BUYER WILL DELIVER WRITTEN NOTICE TO SELLER, WHICH NOTICE SHALL SPECIFY THE AMOUNT OF PURSUIT COSTS DUE, NOT TO EXCEED $150,000, AND ENCLOSE REASONABLE SUPPORTING DOCUMENTATION FOR EACH COMPONENT OF THE AMOUNT CLAIMED TO BE DUE. PAYMENT WILL BE DUE FROM SELLER WITHIN THIRTY (30) DAYS AFTER RECEIPT OF ANY SUCH WRITTEN NOTICE FROM BUYER.

Pursuit Costs. (a) Starwood and/or its Affiliates shall have the right to incur costs and expenses for each Target Property in connection with pursuing and performing the Pre-Development Activities with respect to such Target Property in accordance with the Pursuit Costs Budget applicable to such Target Property (such costs and expenses are referred to herein as the “Approved Pursuit Costs”). MARA shall be 100% responsible for all Approved Pursuit Costs (including, without limitation, for the avoidance of doubt, any related to the Accretive Property Purchase Agreements). Notwithstanding anything contained in this Agreement to the contrary, with respect to each Target Property, in the event MARA defaults in its obligation to fund any Approved Pursuit Costs with respect to a Target Property (or any Specified Accretive Assets for which the Parties have agreed to fund on a 50 / 50 basis pursuant to Section 15.23(a)), which failure continues for a period of more than ten (10) Business Days after written demand, such failure with respect to such Target Property (or such Specified Accretive Assets) shall constitute a “Non-Funding Event” with respect to such Target Property (or such Specified Accretive Assets) (in each case, it being acknowledged that the date on which the Non-Funding Event occurred with respect to such Target Property (or such Specified Accretive Assets) shall be the date on which MARA defaulted in its obligation to so fund, without regard to such ten (10)-Business Day cure period) and, in addition to any right or remedies available to Starwood under this Agreement relating to such a default by MARA of its obligations under this Agreement with respect to a Target Property (or such Specified Accretive Assets) (in each case, including as described in the definition of Development Phase Trigger Event), Starwood shall have all other rights or remedies available to Starwood at law or in equity. (b) If at any time the Pursuit Costs Budget with respect to any Target Property has been exhausted, Starwood shall have the right from time to time, but not the obligation, upon written notice to ▇▇▇▇, to unilaterally increase the Pursuit Costs Budget for such Target Property (other than for the purpose of incurring Specified Pursuit Costs, which is governed by Section 15.23 below) by increments of $2,000,000 and incur costs and expenses in accordance with such increased Pursuit Costs Budget, with any increased costs and expenses set forth therein being deemed “Approved Pursu...

Pursuit Costs. Notwithstanding any provision hereof, if, on three (3) separate occasions, the LLC shall enter into a Purchase and Sale Agreement or other Agreement to Acquire any Senior Housing Facility or other property pursuant to the exercise of any of its rights of first opportunity under this Section 6.6 and shall thereafter fail to Acquire the applicable Senior Housing Facility or other property for any reason other than a default on the part of Sunrise, then the LLC shall have no obligation to reimburse the Pursuit Costs of the Federal Member with respect to any subsequent Senior Housing Facility or other property for which the LLC enters into a Purchase and Sale Agreement or other agreement to Acquire pursuant to its rights under Section 6.6 unless and until the LLC shall actually Acquire such a Senior Housing Facility or property.

Pursuit Costs. (i) Prior to the date hereof, the AW Member Group and BH and their respective Affiliates, have incurred, and may hereafter incur prior to the Closing Date third party out-of-pocket costs and expenses in connection with the negotiation and closing of the Purchase Agreement and their respective due diligence analyses and other evaluations of the Property (including, without limitation, costs of environmental and engineering and other feasibility reports and studies, costs related to analyzing the Property (including, without limitation, travel costs) and costs (including, without limitation, attorneys’ fees) incurred by the Members in reviewing and analyzing work conducted by ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Capital, Inc. or its agents) and costs to complete an audit of the financial statements in respect of the Property in compliance with certain laws and regulations applicable to BH and/or its Affiliates (collectively, the “Pursuit Costs”). For the avoidance of doubt, those expenditures identified on Schedule B of the LOI shall be considered Pursuit Costs for purposes of this Section 4.1(b).

Pursuit Costs. Prior to the date hereof, JMIR and the Investor and their respective Affiliates, have incurred, and may hereafter incur prior to the Acquisition Date third party out-of-pocket costs and expenses in connection with the negotiation and closing of the Financing (subject to the exceptions set forth in clauses (i)(2) — (i)(4) below, collectively, the “Pursuit Costs”).