Seller’s Contingencies. Seller’s obligation to proceed to Closing shall be subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions: 5.2.1. HEDRA shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by or prior to the Closing Date. 5.2.2. All representations and warranties of HEDRA contained in this Agreement shall be accurate as of the Closing Date. 5.2.3. There shall be no uncured default by HEDRA of any of its obligations under this Agreement as of the Closing Date, not otherwise waived by Seller. If any contingency contained in this Section 5.2 has not been satisfied on or before the date described herein, and if no date is specified, then the Closing Date, then this Agreement may be terminated by written notice from Seller to HEDRA. If termination occurs all documents deposited by HEDRA shall be immediately returned to HEDRA, and all documents deposited by Seller shall be immediately returned to Seller and neither party will have any further rights or obligations with respect to this Agreement or the Property, except for such obligations that survive termination of this Agreement. All the contingencies in this Section 5.2 are specifically for the benefit of Seller, and Seller shall have the right to waive any contingency in this Section 5.2 by written notice to HEDRA.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Seller’s Contingencies. Seller’s obligation to proceed to Closing shall be subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions:
5.2.1. HEDRA EDA shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by or prior to the Closing Date.
5.2.2. All representations and warranties of HEDRA EDA contained in this Agreement shall be accurate as of the Closing Date.
5.2.3. There shall be no uncured default by HEDRA EDA of any of its obligations under this Agreement as of the Closing Date, not otherwise waived by Seller. If any contingency contained in this Section 5.2 has not been satisfied on or before the date described herein, and if no date is specified, then the Closing Date, then this Agreement may be terminated by written notice from Seller to HEDRAEDA. If termination occurs all documents deposited by HEDRA EDA shall be immediately returned to HEDRAEDA, and all documents deposited by Seller shall be immediately returned to Seller and neither party will have any further rights or obligations with respect to this Agreement or the Property, except for such obligations that survive termination of this Agreement. If the EDA terminates this Agreement pursuant to this Section, the Xxxxxxx Money shall be retained by the EDA. All the contingencies in this Section 5.2 are specifically for the benefit of Seller, and Seller shall have the right to waive any contingency in this Section 5.2 by written notice to HEDRAEDA.
Appears in 1 contract
Samples: Purchase Agreement
Seller’s Contingencies. Seller’s obligation to proceed to Closing shall be subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions:
5.2.1. HEDRA EDA shall have performed and satisfied all agreements, covenants and conditions required pursuant to this Agreement to be performed and satisfied by or prior to the Closing Date.
5.2.2. All representations and warranties of HEDRA EDA contained in this Agreement shall be accurate as of the Closing Date.
5.2.3. There shall be no uncured default by HEDRA EDA of any of its obligations under this Agreement as of the Closing Date, not otherwise waived by Seller.
5.2.4. If EDA requests an assignment of the Agreement pursuant to Section 15, Xxxxxx agrees to the assignment of the Agreement to the buyer. If any contingency contained in this Section 5.2 has not been satisfied on or before the date described herein, and if no date is specified, then the Closing Date, then this Agreement may be terminated by written notice from Seller to HEDRAEDA. If termination occurs all documents deposited by HEDRA EDA shall be immediately returned to HEDRAEDA, and all documents deposited by Seller shall be immediately returned to Seller and neither party will have any further rights or obligations with respect to this Agreement or the Property, except for such obligations that survive termination of this Agreement. All the contingencies in this Section 5.2 are specifically for the benefit of Seller, and Seller shall have the right to waive any contingency in this Section 5.2 by written notice to HEDRAEDA.
Appears in 1 contract
Samples: Purchase Agreement