SUBJECT TO SALE Sample Clauses

SUBJECT TO SALE. (delete if not applicable) 22.1 This agreement of sale is subject to the Purchaser being able to sell the following property:- (hereinafter referred to as the “Second Property”) by no later than: failing which, this agreement shall automatically lapse and be of no force or effect unless both parties have agreed to a written extension of this condition prior to the lapsing thereof. 22.2 All suspensive conditions relating to the sale of the Second Property must be fulfilled within 30 (thirty) days from acceptance of the offer by the Purchaser. Should the suspensive conditions on the Second Property not be fulfilled within 30 (thirty) days from date of acceptance of the offer, the parties agree that this sale agreement shall automatically lapse and be of no force or effect unless both parties have agreed to a written extension of this condition prior to the lapsing thereof. 22.3 Pending fulfilment of this condition of sale of the Second Property, the Seller shall be entitled to continue to market the Property and should he receive a bona fide offer (hereinafter referred to as the “Competing Offer”) prior to the Purchaser accepting an offer for the Second Property, he may accept the Competing Offer subject to the following conditions: 22.3.1 A copy of the Competing Offer shall be delivered to the Purchaser (by hand or via facsimile or e-mail) together with proof that the deposit has been secured by the Transferring Attorneys; 22.3.2 The Purchaser will have the option to waive the provisions of clause 22, within 3 (three) days from the date of delivery of the Competing Offer (excluding the day of delivery) and to proceed with this agreement unconditionally. The Purchaser may only waive clause 22 if he has been granted unconditional bond finance by a registered financial institution, or is able to within 3 (three) days after having received the Competing Offer, deliver guarantees for the full purchase price. 22.3.3 The Purchaser must exercise this option exclusively by written notice which must be delivered timeously to the Transferring Attorneys (by hand or via email). 22.3.4 Should the Purchaser not exercise this option timeously and exclusively by written confirmation, the Seller shall be entitled to accept the Competing Offer and on acceptance thereof this agreement shall thereupon automatically and immediately become cancelled without prejudice to either party. 22.3.5 The Seller acknowledges that in the event that the Purchaser exercises his option to waive...
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SUBJECT TO SALE. Subject to the successful Sale of the Purchaser Property situated at (****delete if not applicable), On or before: 20 _ If this Agreement is subject to the sale of the Purchaser’s property, the portion of the balance of the Purchase Price covered by the sale of the Purchaser’s property shall be secured by bank guarantee or financial undertaking issued in favour of the Transferring Attorneys for the balance of the Purchase Price, in favor of the Seller or a payee nominated by the Transferring Attorneys by the due date of this Agreement. 2.4.1. The Purchaser may at any time, prior to fulfillment of the suspensive conditions, in writing elect to waive the benefit of any suspensive conditions and pay the balance of the Purchase Price in cash in which instance the amount must be paid to and written proof of payment supplied to the Transferring Attorneys within 24 hours of waiving the suspensive conditions in writing. Failure to pay the amounts due and supply proof of payment within 24 hours will render this contract null and void. 2.4.2. All or any payments to be effected hereunder shall be effected by the Purchaser to the Transferring Attorneys, free of exchange at Cape Town and without deduction or set off.
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SUBJECT TO SALE. This offer is expressly made contingent upon Buyer entering into a binding Contract for the sale of Buyer’s existing residence located at by 12:00 midnight on , 20 and the subsequent closing of the same. Buyer agrees to list said residence for sale with a licensed real estate firm of Buyer’s choice within hours of acceptance of this Agreement, and to proceed with all due diligence to procure a binding Contract. In the event Buyer does not enter into a binding Contract for the sale of such existing residence by the date specified, this offer shall become null and void and the Xxxxxxx Money deposit refunded to Buyer.
Sample 1
SUBJECT TO SALE. (a) This Contract is conditional upon the Buyers entering into a Contract for the sale of their existing property situated at 00/00-00 Xxxxx Xxxxx, Xxxxx Xxxx XXX 0000 by 21 days from the date of this contract. (b) This Contract is further conditional upon the satisfactory settlement of the sale of the Buyers existing property situated at 00/00-00 Xxxxx Xxxxx, Xxxxx Xxxx XXX 0000 by 45 days from the date of that contract. If the Buyer is unable to comply with paragraphs (a) or (b) by the due dates then the Buyer may by written notice to the Sellers solicitors terminate this Contract in which event all monies paid by the Buyer by way of deposit or otherwise shall be refunded in full. (c) Settlement of this contract to be contemporaneous with the settlement of the buyer's sale contract for 47/00-00 Xxxxx Xxxxx, Xxxxx Ring.
Sample 1
SUBJECT TO SALE. (a) This Contract is conditional upon the Buyers entering into a Contract for the sale of their existing property situated at 00 XXXX XXXXX XXXXX XXXXXXXX XXXXX XXX 0000 by 21 days from the date of this contract. (b) This Contract is further conditional upon the satisfactory settlement of the sale of the Buyers existing property situated at 00 XXXX XXXXX XXXXX XXXXXXXX XXXXX XXX 0000 by 45 days from the date of that contract. If the Buyer is unable to comply with paragraphs (a) or (b) by the due dates then the Buyer may by written notice to the Sellers solicitors terminate this Contract in which event all monies paid by the Buyer by way of deposit or otherwise shall be refunded in full. (c) Settlement of this contract to be contemporaneous with the settlement of the buyer's sale contract for 00 Xxxx Xxxxx Xxxxx, Xxxxxxxx Xxxxx. See Special Condition no. 3 and 4 🡨 or any later date for settlement in accordance with clause 6.2, 6.3, 10.5, 11.4 or any other provision of this Contract.
Sample 1

Related to SUBJECT TO SALE

  • Subject to Plan The Stock Option and its exercise are subject to the terms and conditions of the Plan, and the terms of the Plan shall control to the extent not otherwise inconsistent with the provisions of this Agreement. The capitalized terms used herein that are defined in the Plan shall have the same meanings assigned to them in the Plan. The Stock Option is subject to any rules promulgated pursuant to the Plan by the Board or the Committee and communicated to the Participant in writing.

  • RSUs Subject to Plan By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. All RSUs are subject to the Plan. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

  • Subject to the Plan The Option evidenced by this Agreement and the exercise thereof are subject to the terms and conditions of the Plan, which is incorporated by reference and made a part hereof, but the terms of the Plan shall not be considered an enlargement of any rights or benefits under this Agreement. In addition, the Option is subject to any rules and regulations promulgated by the Committee.

  • Agreement Subject to Plan This Agreement is subject to the Plan. The terms and provisions of the Plan (including any subsequent amendments thereto) are hereby incorporated herein by reference thereto. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail. All definitions of words and terms contained in the Plan shall be applicable to this Agreement.

  • Stock Subject to Plan The Option and the Option Shares granted and issued pursuant to this Agreement have been granted and issued under, and are subject to the terms of, the Plan. The terms of the Plan are incorporated by reference in this Agreement in their entirety, and the Optionee, by execution of this Agreement, acknowledges having received a copy of the Plan. The provisions of this Agreement will be interpreted as to be consistent with the Plan, and any ambiguities in this Agreement will be interpreted by reference to the Plan. In the event that any provision of this Agreement is inconsistent with the terms of the Plan, the terms of the Plan will prevail.

  • Shares Subject to the Plan Subject to the provisions of Section 13 of the Plan, the maximum number of Shares that the Company may issue for all Awards is 1,453,334 Shares, provided that the Company shall not make additional awards under the Commonwealth Energy Corporation 1999 Equity Incentive Plan, as amended and assumed by Commerce Energy Group, Inc. For all Awards, the Shares issued pursuant to the Plan may be authorized but unissued Shares, or Shares that the Company has reacquired or otherwise holds in treasury. Shares that are subject to an Award that for any reason expires, is forfeited, is cancelled, or becomes unexercisable, and Shares that are for any other reason not paid or delivered under the Plan shall again, except to the extent prohibited by Applicable Law, be available for subsequent Awards under the Plan. In addition, the Committee may make future Awards with respect to Shares that the Company retains from otherwise delivering pursuant to an Award either (i) as payment of the exercise price of an Award, or (ii) in order to satisfy the withholding or employment taxes due upon the grant, exercise, vesting or distribution of an Award. Notwithstanding the foregoing, but subject to adjustments pursuant to Section 13 below, the number of Shares that are available for ISO Awards shall be determined, to the extent required under applicable tax laws, by reducing the number of Shares designated in the preceding paragraph by the number of Shares granted pursuant to Awards (whether or not Shares are issued pursuant to such Awards), provided that any Shares that are either issued or purchased under the Plan and forfeited back to the Plan, or surrendered in payment of the Exercise Price for an Award shall be available for issuance pursuant to future ISO Awards.

  • Option Subject to Plan By entering into this Agreement, the Participant agrees and acknowledges that the Participant has received and read a copy of the Plan. The Option is subject to the Plan. The terms and provisions of the Plan, as it may be amended from time to time, are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

  • Duties with Respect to the Issuer (i) In addition to the duties of the Servicer set forth in this Agreement or any of the Basic Documents, the Servicer shall perform such calculations and shall prepare for execution by the Issuer or the Owner Trustee or shall cause the preparation by other appropriate Persons of all such documents, reports, filings, instruments, certificates and opinions as it shall be the duty of the Issuer or the Owner Trustee to prepare, file or deliver pursuant to this Agreement or any of the Basic Documents or under state and federal tax and securities laws (including any filings required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 or any rule or regulation promulgated thereunder), and at the request of the Owner Trustee shall take all appropriate action that it is the duty of the Issuer to take pursuant to this Agreement or any of the Basic Documents, including, without limitation, pursuant to Sections 2.6 and 2.11 of the Trust Agreement. In accordance with the directions of the Issuer or the Owner Trustee, the Servicer shall administer, perform or supervise the performance of such other activities in connection with the Collateral (including the Basic Documents) as are not covered by any of the foregoing provisions and as are expressly requested by the Issuer or the Owner Trustee and are reasonably within the capability of the Servicer. The Servicer shall monitor the activities of the Issuer to ensure the Issuer’s compliance with Section 4.6 of the Trust Agreement and shall take all action necessary to ensure that the Issuer is operated in accordance with the provisions of such section. (ii) Notwithstanding anything in this Agreement or any of the Basic Documents to the contrary, the Servicer shall be responsible for promptly notifying the Owner Trustee and the Trust Collateral Agent in the event that any withholding tax is imposed on the Issuer’s payments (or allocations of income) to a Holder (as defined in the Trust Agreement) as contemplated by this Agreement. Any such notice shall be in writing and specify the amount of any withholding tax required to be withheld by the Owner Trustee or the Trust Collateral Agent pursuant to such provision. (iii) Notwithstanding anything in this Agreement or the Basic Documents to the contrary, the Servicer shall be responsible for performance of the duties of the Issuer in accordance with Section 10.11 of the Trust Agreement with respect to, among other things, tax reporting and returns, accounting and reports to Holders (as defined in the Trust Agreement); provided, however, that once prepared by the Servicer, the Owner Trustee shall retain responsibility for the distribution of any necessary Schedule K-1s, as applicable, to enable the Certificateholder to prepare its federal and state income tax returns. (iv) The Servicer shall perform the duties of the Servicer specified in Section 9.2 of the Trust Agreement required to be performed in connection with the resignation or removal of the Owner Trustee, the duties of the Servicer specified in Section 10.11 of the Trust Agreement, and any other duties expressly required to be performed by the Servicer under this Agreement or any of the Basic Documents. (v) In carrying out the foregoing duties or any of its other obligations under this Agreement, the Servicer may enter into transactions with or otherwise deal with any of its Affiliates; provided, however, that the terms of any such transactions or dealings shall be in accordance with any directions received from the Issuer and shall be, in the Servicer’s opinion, no less favorable to the Issuer in any material respect.

  • HOW DO I OBJECT TO THE SETTLEMENT Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, you may wish to see what Plaintiff and Defendants are asking the Court to approve. At least 16 court days before the INSERT DATE Final Approval Hearing, Class Counsel and/or Plaintiff will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why the proposed Settlement is fair, and (2) a Motion for Fees, Litigation Expenses and Service Award stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiff is requesting as a Class Representative Service Award. Upon reasonable request, Class Counsel (whose contact information is in Section 9 of this Notice) will send you copies of these documents at no cost to you. You can also view them on the Administrator’s Website INSERT URL or the Court’s website INSERT URL. A Participating Class Member who disagrees with any aspect of the Agreement, the Motion for Final Approval and/or Motion for Fees, Litigation Expenses and Service Award may wish to object, for example, that the proposed Settlement is unfair, or that the amounts requested by Class Counsel or Plaintiff are too high or too low. The deadline for sending written objections to the Administrator is INSERT DATE (the “Response Deadline”) . Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Action Xxxxxxx x. DMA Claims and include your name, current address, telephone number, and approximate dates of employment for Defendants and sign the objection. Section 9 of this Notice has the Administrator’s contact information. Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the Final Approval Hearing. You (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. See Section 8 of this Notice (immediately below) for specifics regarding the Final Approval Hearing.

  • Prior Notice to Holder with Respect to Certain Matters With respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholder in writing of the proposed action and the Certificateholder shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that the Certificateholder has withheld consent or provided alternative direction: (a) the election by the Trust to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute or unless such amendment would not materially and adversely affect the interests of the Holder); (b) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interest of the Certificateholder; or (d) except pursuant to Section 12.1(b) of the Sale and Servicing Agreement, the amendment, change or modification of the Sale and Servicing Agreement, except to cure any ambiguity or defect or to amend or supplement any provision in a manner that would not materially adversely affect the interests of the Certificateholder. The Owner Trustee shall notify the Certificateholder in writing of any appointment of a successor Note Registrar or Trust Collateral Agent within five Business Days after receipt of notice thereof.

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