Common use of Seller’s Warranties Deemed Modified Clause in Contracts

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 7 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (American Realty Capital Healthcare Trust Inc), Purchase and Sale Agreement (Prudential Bache Watson & Taylor LTD 2)

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Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties representations and warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Inland Real Estate Income Trust, Inc.), Purchase and Sale Agreement (Global Income Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Regional Health Properties, Inc), Purchase and Sale Agreement (Preferred Apartment Communities Inc), Purchase and Sale Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s 's Warranties are inaccurate, untrue or incorrect in any way, such Seller’s 's Warranties shall be deemed modified to reflect Buyer’s knowledge or 's deemed knowledge, as the case may be.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Strategic Hotels & Resorts, Inc)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know as of or prior to the expiration of the Due Diligence Period Effective Date that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties representations and warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.), Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know has actual knowledge prior to the expiration of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties representations and warranties shall be deemed modified to reflect Buyer’s knowledge or deemed actual knowledge, as the case may be.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period Effective Date that Seller’s Warranties are inaccurate, untrue or incorrect in any way, Buyer shall proceed to Closing notwithstanding such knowledge, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Realty Capital New York City REIT, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer actually knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed actual knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)

Seller’s Warranties Deemed Modified. To the extent that Buyer actually knows or is deemed to know prior to the expiration of the Due Diligence Period Deadline that any Seller’s Warranties are Warranty is inaccurate, untrue or incorrect in any way, such Seller’s Warranties Warranty shall be deemed modified to reflect Buyer’s knowledge actual or deemed knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Select Income REIT)

Seller’s Warranties Deemed Modified. To Because Buyer’s primarily reliance on the status of the matters addressed by Seller’s Warranties is Buyer’s own Due Diligence, to the extent that Buyer knows or is deemed to know has Buyer’s Knowledge prior to the expiration of the Due Diligence Period Effective Date that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may beKnowledge.

Appears in 1 contract

Samples: Purchase and Sale Agreement (ESH Hospitality, Inc.)

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Seller’s Warranties Deemed Modified. To the extent that Buyer knows If, on or is deemed to know prior to the expiration Closing Date, to Buyer’s Knowledge, any of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may beKnowledge.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Blackstone Real Estate Income Trust, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s 's Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties representations and warranties shall be deemed modified to reflect Buyer’s 's knowledge or deemed knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Capital Lease Funding Inc)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect the extent of Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cornerstone Growth & Income REIT, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know acquires information prior to the expiration of the Due Diligence Period Closing Date that Seller’s Warranties 's representations or warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties representations and warranties shall be deemed modified to reflect Buyer’s 's knowledge or deemed knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

Seller’s Warranties Deemed Modified. To the extent that Buyer knows or is deemed to know prior to the expiration of the Due Diligence Period Closing Date that Seller’s Warranties are inaccurate, untrue or incorrect in any way, such Seller’s Warranties shall be deemed modified to reflect Buyer’s knowledge or deemed knowledge, as the case may be.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

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