Seller’s Board Approval. Purchaser acknowledges and agrees that Seller’s obligations under this Agreement shall be subject to Seller’s obtaining the approval of Seller’s board of directors or trustees (as the case may be) or a duly authorized executive committee (the “Seller Board Approval”). Seller shall provide written notice to Purchaser promptly upon obtaining the Seller Board Approval (the “Seller Board Approval Notice”). If Seller does not provide the Seller Board Approval Notice to Purchaser within ten (10) Business Days after the Effective Date (the “Seller Board Approval Period”), Seller shall be deemed not to have obtained the Seller Board Approval, and Seller and Purchaser each shall have the right to terminate this Agreement after the expiration of the Seller Board Approval Period by providing written notice to the other Party, in which case the Xxxxxxx Money shall be refunded to Purchaser in accordance with Section 3.2.4, and the Parties shall have no further rights or obligations under this Agreement, except those which expressly survive such termination. Notwithstanding the foregoing, if Seller provides the Seller Board Approval Notice to Purchaser after the expiration of the Seller Board Approval Period and prior to the termination of this Agreement by Purchaser pursuant to this Section 4.2, then this contingency shall be deemed to be satisfied, and neither Seller nor Purchaser thereafter shall have the right to terminate this Agreement pursuant to this Section 4.2. If Purchaser terminates this Agreement pursuant to this Section 4.2, Seller shall reimburse Purchaser for the out of pocket expenses incurred by Purchaser in connection with the transaction contemplated by this Agreement, but not to exceed the amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00); provided, however, that (i) the purchase price presented for Seller Board Approval is not less than the Purchase Price, and (ii) Purchaser provides documentation reasonably satisfactory to Seller evidencing the nature and amount of such out of pocket expenses.
Seller’s Board Approval. Seller shall have received approval of its Board of Directors by, requisite vote, for the execution and delivery of this Agreement and shall have taken all action necessary or proper to fulfill its obligations to be performed under this Agreement on or before the Closing Date.
Seller’s Board Approval. The Kitsap County Board of Commissioners (the “Board”) in its sole and absolute discretion, shall have approved before Closing the making of this Purchase Agreement (as it may be amended), the performance by Seller of its obligations described herein, and the amount of the Purchase Price.
Seller’s Board Approval. The obligation to close by the Seller is specifically contingent upon the approval by the Seller’s Board of Directors.
Seller’s Board Approval. Seller’s obligation to proceed with this sale shall be subject to the prior approval of the Board of Directors of Seller and Beaumont Health. Seller will seek such approval at the next regularly scheduled meeting of the Board of Directors. If such approval is not obtained by , 20 , then this Agreement shall automatically terminate unless the Parties agree in writing to extend the time for obtaining such approval.
Seller’s Board Approval. The Board of Directors of Seller shall have approved this Agreement and the transactions contemplated herein.
Seller’s Board Approval. This Agreement is subject to the approval of the Board of Directors which approval will be secured within Ten (10) business days from the date of execution hereof. BUYER 12/29/03 By: /s/ Xxxxx X. Xxxx DATED SELLER 12/29/03 By: /s/ Xxxxx X. Xxxxx DATED
Seller’s Board Approval. The Seller affirms that the Board has granted its consent for entering into the Agreement.
Seller’s Board Approval. Seller's Boards of Directors shall have approved the transactions contemplated by this Agreement no later than May 6, 2003.
Seller’s Board Approval. This Agreement, although accepted and executed by an authorized Seller representative, is not binding on the Seller until and unless the Multnomah County Board of Commissioners approves this Agreement, upon such terms and conditions as the Board may impose.
