Common use of Seller’s Right to Cure Clause in Contracts

Seller’s Right to Cure. Seller shall have the right, but not the obligation, to attempt, at its sole cost, to cure at any time prior to the date that is one hundred and eighty (180) days following its receipt of a Title Defect Notice with respect to a Title Defect Property (each such one hundred and eighty (180) day period, a “Cure Period”), any Title Defects; provided, however, that if after the diligent pursuit of other remedies reasonably available to Seller to cure any such Title Defect, Seller reasonably believes that such Title Defect can be cured through a quiet title or similar proceeding, then the applicable Cure Period with respect to such Title Defect shall be extended to eighteen (18) months following Seller’s receipt of a Title Defect Notice with respect thereto, notwithstanding Seller’s previous attempt to cure such Title Defect without the use of a quiet title or similar proceeding, so long as Seller’s initial attempt to cure such Title Defect was diligently pursued and Seller initiates the quiet title or similar proceeding on or before the end of the original Cure Period and diligently pursues such proceeding.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Atlas Energy, Inc.), Purchase and Sale Agreement (Atlas Energy Resources, LLC)

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Seller’s Right to Cure. Seller shall have the right, but not the obligation, to attempt, at its sole cost, to cure at any time prior to the date that is one one-hundred and eighty twenty (180120) days following its receipt of a Title Defect Notice with respect to a Title Defect Property after the Closing (each such one hundred and eighty (180) day period, a the “Cure Period”), any Title DefectsDefects of which it has timely received a Title Defect Notice from Buyer; provided, however, that if after the diligent pursuit of other remedies reasonably available to Seller to cure any such Title Defect, Seller reasonably believes that such Title Defect can be cured through a quiet title or similar proceeding, then the applicable Cure Period with respect to such Title Defect shall be extended to the lesser of the conclusion of such proceeding or eighteen (18) months following Seller’s receipt of a Title Defect Notice with respect thereto, notwithstanding Seller’s previous attempt to cure such Title Defect without the use of a quiet title or similar proceeding, so long as Seller’s initial attempt to cure such Title Defect was diligently pursued , at its sole cost and Seller expense, initiates the quiet title or similar proceeding on or before the end of the original Cure Period and diligently pursues such proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Midstates Petroleum Company, Inc.)

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