Release Approval. By no later than the Assumption Approval Date, Sellers shall either: (a) terminate this Contract by giving a termination notice to Buyer stating that the terms of the Seller Releases are not acceptable to Sellers, following which Closing Agent shall deliver the Earnest Money to Seller (together with all interesx xxxxxon) and the parties shall have no further rights, liabilities, or obligations under this Contract (other than those that expressly survive termination); or (b) waive its right to terminate this Contract for matters related to the Seller Releases by proceeding to Closing (absent a termination pursuant to (a) above, Seller shall be deemed to have waived its right to terminate this Contract by virtue of an unacceptable Seller Release);
Appears in 2 contracts
Samples: Contract of Sale (Education Realty Trust, Inc.), Contract of Sale (Education Realty Trust, Inc.)
Release Approval. By no later than the Assumption Approval Date, Sellers shall either:
(a) terminate this Contract by giving a termination notice to Buyer stating that the terms of the Seller Releases are not acceptable to Sellers, following which Closing Agent shall deliver the Earnest Money to Seller (together with all interesx xxxxxoninterexx xxxxeon) and the parties shall have no further rights, liabilities, or obligations under this Contract (other than those that expressly survive termination); or
(b) waive its right to terminate this Contract for matters related to the Seller Releases by proceeding to Closing (absent a termination pursuant to (a) above, Seller shall be deemed to have waived its right to terminate this Contract by virtue of an unacceptable Seller Release);
Appears in 2 contracts
Samples: Contract of Sale/Contribution (Education Realty Trust, Inc.), Contract of Sale/Contribution (Education Realty Trust, Inc.)
Release Approval. By no later than the Assumption Approval Date, Sellers shall either:
(a) terminate this Contract by giving a termination notice to Buyer stating that the terms of the Seller Releases are not acceptable to SellersSeller, following which Closing Agent shall deliver the Earnest Xxxxxxx Money to Seller (together with all interesx xxxxxoninterest thereon) to Sellers and the parties shall have no further rights, liabilities, or obligations under this Contract (other than those that expressly survive termination); or
(b) waive its right to terminate this Contract for matters related to the Seller Releases by proceeding to Closing (absent a termination pursuant to (a) above, Seller shall be deemed to have waived its right to terminate this Contract by virtue of an unacceptable Seller Release);.
Appears in 2 contracts
Samples: Contract of Sale (Education Realty Trust, Inc.), Contract of Sale (Education Realty Trust, Inc.)