SUSPENSIVE CONDITIONS. This agreement is subject to the following suspensive conditions: 24.1.1 That a mortgage loan is granted to the Purchaser within a period of 30 (thirty) days reckoned from the date of signature hereof by the Seller by a registered credit provider against the security of a first mortgage bond to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule or, subject to the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, to withdraw such approval. 24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled. 24.1.3 For the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed by the Seller without the prior written consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser. 24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 3 contracts
Samples: Offer to Purchase, Offer to Purchase, Offer to Purchase
SUSPENSIVE CONDITIONS. This agreement Save for clauses 1 to 3 above, all of which will become effective immediately, this Agreement is subject to the fulfillment of the following suspensive conditions:conditions –
24.1.1 That a mortgage loan 4.1 By no later than the 28th of February 2023 (the “Return Date”), the Seller shall endeavour to open the sectional title register in accordance with the provision of the Sectional Titles Act, Act 95 of 1986. The Seller shall at any time have the right to waive this condition on or before the Return Date or the extended period as may be agreed on between the Parties in writing, which condition is granted included herein for the benefit of the Seller.
4.2 by no later than the Deposit Due Date (Item D of the Schedule), the Purchaser(s) shall make payment of the deposit amount as set out in Item D of the Schedule to the Purchaser within Transferring Attorneys Trust Account;
4.3 By no later than the Bond Due Date (Item E of the Schedule), the Purchaser(s) procures a period loan/finance for the amount reflected in Item E of 30 (thirtythe Schedule or such lesser amount as the Purchaser(s) days reckoned from the date of signature hereof by the Seller by a registered credit provider against may apply for or accept, on the security of a first mortgage bond bond(s) to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule orby a recognised Financial Institution, and subject to the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues at his/her/their/its expense. It is a quotation material term of this condition that the Purchaser(s) signs and submits all documentation necessary to make the application for a mortgage bond(s) in terms fulfillment hereof. Failure to do so will constitute a breach of section 92(2) of the NCA to contract and shall have the effect that of this suspensive condition being fictionally fulfilled. As such the mortgage loan application has been approved notwithstanding Purchaser(s) acknowledge that:
4.3.1 Should the fact that such approval is bond(s) be granted subject to the fulfilment of for a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to lesser amount upon the Purchaser’s request, to withdraw such approval.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will precedent shall be deemed to be fulfilled.;
24.1.3 For 4.3.2 Should the purposes bond(s) not be granted on or before the Bond Due Date aforesaid, the due date will automatically be extended by the number of obtaining the loan referred to days reflected in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 Item E of the schedule to submit a Schedule;
4.3.3 The loan application will be deemed granted on the Purchaser’s behalf to any date that the financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application institution issues a written approval and/or a quotation and/or pre-agreement statement for the loan referred required or applied for from the Financial Institution and will further be deemed fulfilled upon advice given by the respective mortgagee(s) that the loan(s) has/have been approved in final form; and
4.3.4 The Purchaser(s) shall at any time have the right to waive this condition on or before the Bond Due Date or the extended period reflected in Clause 24.1.1 through any person other Item E of the Schedule, which condition is included herein for the benefit of the Purchaser(s);
4.3.5 Notwithstanding anything to the contrary contained herein, this Agreement shall not be subject to the Suspensive condition described in clause 4.3 if the transaction contemplated herein is a cash deal (that being a transaction in terms of which the required loan amount in item of the Schedule is not completed or is stated to be zero).
4.4 Unless the Suspensive Conditions have been fulfilled or waived by not later than the Mortgage Originator appointed relevant date for fulfillment thereof set out above (or such extended period as may be determined by the Seller without and written notice of which shall be given to the prior written consent Purchaser, notwithstanding anything to the contrary contained in this Agreement), this Agreement will automatically lapse and will be of no further force or effect, provided that the Parties will use their respective reasonable endeavors to restore the status quo ante and neither of the SellerParties will have any claim against the other in terms hereof or arising from the failure to fulfill the Conditions Precedent. It is specifically recorded that in such event, the Seller will, within a reasonable period time after the Agreement has lapsed, refund the Purchaser(s) all amounts which the Purchaser(s) have paid to the Conveyancing Attorneys pursuant to this Agreement.
4.5 The parties place on record SELLER is satisfied with the results achieved by its marketing campaign and, in its sole discretion, confirms that the Purchase Price agreed upon development is based on viable; Should the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect above suspensive conditions not be fulfilled within 12 (twelve) months of the bond applications date of signature of this Deed of Sale ("the Suspensive Period") or such extended period as the Seller and accordingly appointing Purchaser may agree, in writing, or if the Mortgage Originator will result in economic benefit and convenience Seller for any reason does not proceed with the Purchaser.
24.1.4 The proposed development scheme, then the Purchaser shall cause the Conveyancers be entitled to be appointed as the bond registration attorneys for the registration a refund of the mortgage bond in respect of deposit, together with interest earned thereon, or to renegotiate a new agreement with the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the PurchaserSeller.
Appears in 2 contracts
Samples: Sale Agreement, Agreement of Sale
SUSPENSIVE CONDITIONS. This agreement 2.1 The sale is subject to the following suspensive conditions:
24.1.1 That approval of a mortgage loan is granted to for the Purchaser within a period amount of 30 (thirtyR .00 ( ) days reckoned from an approved suitable bank or financial institution, on/or before ( ) against security of the date of signature hereof by the Seller by a registered credit provider against the security registration of a first mortgage bond to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule or, subject to the conditions contained in Clause 24.1.2 below, PROPERTY and on such lesser amount as the Purchaser in its sole discretion may accept subject to such further terms and conditions as are normally may be imposed by such registered credit providers when granting mortgage loans to finance the purchase bank or other financial institution in the ordinary course of sectional title units and exclusive use areas, which said bank or financial institutions financing business. The suspensive condition contained at clause 2.1 will be deemed to be (fictionally, if applicable) fulfilled once if such loan is granted:
2.1.1 subject to it being guaranteed by the PURCHASER’S spouse; and/or
2.1.2 subject to any terms reasonably imposed by said bank or other financial institution; and/or
2.1.3 to the PURCHASER and the PURCHASER fails / neglects to accept the loan or the offer of the loan made by said bank or other financial institution to the PURCHASER, if the loan so granted by the said bank or other financial institution issues a quotation complies with the requirements of the loan as provided for in terms clause 2.1 above. The PURCHASER records that he is aware of the provisions of section 92(2) 92 of the NCA to National Credit Act 34 of 2005 and categorically waives the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the statutory right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, to withdraw such approval.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in contained therein. Clause 24.1.1 above, this condition will 2.1 shall be deemed to be fulfilled upon confirmation of approval of the loan.
2.2 The PURCHASER undertakes to take all reasonable steps to obtain the said loan, immediately after signature of this agreement, including but not limited to submitting the necessary financial information to the said bank or financial institution, in order to apply for and/or receive approval for said loan, and to accept said loan upon approval thereof.
2.3 Failure on the part of:
a) The PURCHASER to sign any application for a bond or any other document/s necessary to procure granting or registration of such bond, and to furnish or to pay the costs of or incidental to registration of any bond; or
b) Any person nominated to sign a deed or deed of suretyship as contemplated above, or to furnish relevant information upon demand by the SELLER, the agent, if applicable or any prospective bondholder shall constitute a breach hereof by the PURCHASER within the meaning of clause 2.1 hereof alternatively shall, at the option of the SELLER, entitle the SELLER to regard clause 2 hereof as having been duly fulfilled.
24.1.3 For 2.4 This agreement is further subject to the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 sale of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed by the Seller without the prior written consent PROPERTY of the Seller. The parties place PURCHASER situated at on record that or before ; Alternatively If the Purchase Price agreed upon is based on PROPERTY has been sold, the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator delivery of guarantees in respect of the bond applications said sale on or before . (Remove if not applicable).
2.5 Pending fulfilment of clause 2.1 and accordingly appointing 2.4, the Mortgage Originator will result in economic benefit SELLER shall be entitled to continue to market the PROPERTY until successfully sold and convenience should, prior to fulfilment of the conditions, a bona fide offer (hereinafter referred to as the competing offer) for the Purchaser.PROPERTY be received, which, but for this agreement, the SELLER wishes to accept, the SELLER may do so subject to the following:
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration 2.5.1 a copy of the mortgage bond in respect competing offer shall be delivered to the PURCHASER, who shall be given the option for seventy two (72) hours from delivery to waive clause 2.1 and 2.4;
2.5.2 exercise of this option by the loan referred PURCHASER shall be exclusively by written notice delivered timeously by the SELLER;
2.5.3 should the PURCHASER not timeously exercise the option as aforesaid, the SELLER shall be entitled to in Clause 24.1.1 above. The parties place accept the competing offer and on record that acceptance thereof, this agreement between the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers SELLER and the bond registrations PURCHASER shall thereupon immediately and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaserautomatically be cancelled without prejudice to any party.
Appears in 1 contract
Samples: Offer to Purchase
SUSPENSIVE CONDITIONS. This agreement is subject to the following suspensive conditions:
24.1.1 That a mortgage loan is granted to PURCHASER (or the Purchaser SELLER or the ESTATE AGENT on the PURCHASER’S behalf) obtaining the MORTGAGE FINANCE within a the period of 30 (thirty) days reckoned from the date of signature hereof by the Seller by a registered credit provider against the security of a first mortgage bond to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule or, subject to the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which clause 1.1.8 above. This suspensive condition will shall be deemed to be have been fulfilled once on the said date that the PURCHASER obtains a quotation and/or pre-agreement statement from any financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that which such approval is granted subject to the fulfilment of financial institution offers a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, to withdraw such approval.
24.1.2 If the loan is approved for PURCHASER in an amount of not less than the amount referred to in paragraph 4.2 clause 1.1.8 above and even if such loan is approved subject to the PURCHASER’S spouse (or any of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled.
24.1.3 For the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 directors and/or shareholders and/or members of the schedule to submit a loan application PURCHASER, as the case may be) interposing himself as surety for and co-principal debtor in solidum with the PURCHASER for the fulfilment of all the PURCHASER’S obligations under the loan. The PURCHASER warrants that he/she qualifies for such bond and that he/she will obtain such bond within the required time period. Failure on the Purchaser’s behalf part of
(a) the PURCHASER to sign any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information application for a bond or any other document/s necessary to procure granting or registration of such bond, and to sign all such documents, which are required furnish relevant information or necessary for to pay the purposes costs of such loan application forthwith. The Purchaser shall not make application for the loan referred or incidental to in Clause 24.1.1 through registration of any bond; or
(b) any person other than the Mortgage Originator appointed nominated to sign a Deed or Deeds of Suretyship as contemplated above to sign such Deed or Deeds of suretyship or to furnish relevant information upon demand by the Seller without SELLER, or any prospective Bondholder, shall constitute a breach hereof by the prior written consent PURCHASER within the meaning of Clause 13 hereof or alternatively shall, at the option of the Seller. The parties place on record that SELLER, entitle the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the PurchaserSELLER to regard this clause 10 as having been duly fulfilled.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Sale Agreement
SUSPENSIVE CONDITIONS. This 2.1 Subject to any suspensive conditions that may be referred to in paragraph 8 of Part A, this agreement is subject to fulfilment of the following suspensive conditionsconditions :
24.1.1 That a mortgage loan is granted 2.1.1 the Seller selling not less than 70% of the properties in the combination of phases of the development of which the property forms part (of which the deposits have been paid and the balance of the funding have been approved or proof of the availability of funds have been furnished to the Purchaser within a period of 30 (thirtySeller) days reckoned from the date of signature hereof by and the Seller by a registered credit provider against notifying the Purchaser in writing that this condition has been fulfilled to its satisfaction;
2.1.2 the Purchaser on the security of the property obtaining a first mortgage bond to be registered over the Property loan for the sum of the loan amount referred to in paragraph 4.2 5 of Part A at prevailing bank interest rates and conditions within the period referred to in paragraph 5 of Part A or within such longer period as the parties may agree to in writing.
2.2 The suspensive condition referred to in clause 2.1.1 is stipulated for the benefit of the schedule or, subject to Seller only and the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will Seller shall be deemed to be fulfilled once the said financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider entitled at any time prior to waive the payment benefits of all or any thereof.
2.3 If the transferring attorneys (as referred to in paragraph 7 of Part A) are not notified of fulfilment of the proceeds suspensive condition referred to in clause 2.1.2 (if applicable) by the date referred to in paragraph 5 of such mortgage loan Part A, the Seller shall be entitled to cancel this agreement by notice in writing to the Purchaser, in event whereof –
2.3.1 no party hereto shall have any claim against another arising out of or in connection with this agreement; and
2.3.2 to withdraw such approvalthe extent that this agreement may have been partially implemented, the parties shall be restored to the status quo ante (which shall include repayment to the Purchaser of any deposit paid by the Purchaser), unless determined otherwise in this agreement.
24.1.2 If the loan is approved for an amount less than the amount 2.4 The suspensive condition referred to in paragraph 4.2 clause 2.1.2 is stipulated for the benefit of both parties who together shall be entitled to waive compliance with same or to extend the date against which it must be fulfilled: Provided that the suspensive conditions shall against proof of approval in principle by a bank that funds would be available for payment of the schedule balance of the purchase price against registration of transfer, be deemed to have been fulfilled.
2.5 The parties undertake to forthwith do all things within their power and to take all reasonable steps as expeditiously as possible in order to secure fulfilment of the suspensive conditions and to give effect to the provisions of this clause 2.
2.6 Notwithstanding any other provisions, the Seller may by notice in writing to the Purchaser accepts such lower amount in writing by his signature to cancel or mothball the quotation as development scheme and cancel this agreement if the suspensive condition referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled.
24.1.3 For clause 2.1.1 has not been fulfilled or if any terms or conditions imposed by the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information local authority or any document, and to sign all such documents, which are required other competent person or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to authority in Clause 24.1.1 through granting any person other than the Mortgage Originator appointed by the Seller without the prior written approval or consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers development scheme in the scheme will utilize Seller's assessment are too onerous or costly to comply with, or should circumstances arise which in the same Conveyancers Seller's assessment warrants the termination of this agreement, in respect case of which the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaserprovisions of clause 2.3 shall apply mutatis mutandis.
Appears in 1 contract
Samples: Agreement of Sale
SUSPENSIVE CONDITIONS. This agreement 2.1 The obligations of the Lender to the Borrower in terms of this Agreement (other than those contained in this clause 2 and in clauses 1 and 21 to 29 (both inclusive) which shall commence on the Signature Date) are subject to the fulfilment or waiver, confirmed in writing by the Lender to the Borrower, of the suspensive conditions set out in Annexure “A” hereto no later than 2 (two) Business Days prior to the first Drawdown Date, or such other extended date as may be stipulated in writing by the Lender.
2.2 The obligation of the Lender to make any Advance available to the Borrower pursuant to clause 5, is subject to the following further suspensive conditions:conditions set out in Annexure “B”.
24.1.1 That a mortgage loan is granted 2.3 If the suspensive conditions set out in Annexure “A” are not fulfilled or waived prior to the Purchaser within a period date specified in clause 2.1 or, by any extended date for fulfilment thereof as may be agreed to in writing by the Lender and the Borrower, the provisions of 30 this Agreement shall not come into force and effect (thirtyother than those contained in this clause 2 and in clause 1 and 21 to 29 (both inclusive) days reckoned which are binding from the date Signature Date) and the Lender and the Borrower shall be restored as near as may be reasonably possible, to the position in which they would have been had this Agreement not been entered into. No party shall have any claim against the other as a result of signature hereof the failure of the Agreement coming into effect.
2.4 The fulfilment or waiver of the suspensive conditions set out in Annexure “A” or “Annexure “B” shall be evidenced by way of a written communication by the Seller by a registered credit provider against Lender to the security of a first mortgage bond to be registered over Borrower advising that same are considered fulfilled or the Property requirement for the amount fulfilment thereof or part thereof is waived.
2.5 The Parties acknowledge that the suspensive conditions set out in Annexures “A” and “B” referred to above have been incorporated in paragraph 4.2 this Agreement for the benefit of the schedule or, subject to Lender and may be waived by the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser Lender in its sole discretion may accept and subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, to withdraw such approvalit may stipulate.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled.
24.1.3 For the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed by the Seller without the prior written consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
SUSPENSIVE CONDITIONS. This agreement In the event of it being indicated in Clause E of the Schedule that a Mortgage Loan is required, then this Agreement shall be subject to the following suspensive conditions:
24.1.1 That 10.1. The Purchaser shall without delay apply for a mortgage loan is granted and shall have it approved in principle in writing by a recognized financial institution, upon its usual terms and conditions in the amount referred to in clause E of the Purchaser within a period of 30 Schedule (thirty) days reckoned from or such lessor amount accepted by the Purchaser), by no later than the date of signature hereof by the Seller by a registered credit provider against specified, upon the security of a first mortgage bond to be registered over the Property for at such rates of interest and on such conditions as are stipulated by the relevant financial institution, provided that if the loan is granted subject to the Purchaser selling any immovable property or cancelling any existing mortgage bond (except when condition G of the Schedule is applicable) or repaying any existing debt or loan, the suspensive condition will not be fulfilled. This suspensive condition shall be deemed to be fulfilled:
10.1.1 On the date that the Purchaser obtains a quotation and/or pre-agreement statement from any Bank in terms of which such Bank offers a loan to the Purchaser in an amount of not less than the amount referred to in paragraph 4.2 of the schedule or, above and even if such loan is approved subject to the conditions contained in Clause 24.1.2 belowPurchaser’s spouse (or any of the directors and/or shareholders and/or members and/or trustees of the Purchaser, such lesser amount as the case may be) interposing himself as surety for and co-principal debtor in solidum with the Purchaser of the fulfilment of all the Purchaser’s obligations under the loan; and/or
10.1.2 Even if such loan is offered as a conditional approval by a financial institution whether in its sole discretion may accept subject the form of a grant quotation or as an offer issued in respect of a mortgage loan or as a conditional offer preceding a quotation or otherwise. It is recorded that some Banks issue offers which are not official quotations in terms of the provisions of the NCA as amended and/or replaced from time to time in order to indicate to a purchaser that they would be willing to provide an official quotation in terms of the NCA to such terms purchaser and conditions as are normally imposed by in respect of such registered credit providers when granting mortgage loans to finance specific property. In light of the purchase of sectional title units and exclusive use areas, which same it is specifically agreed that this suspensive condition will be deemed to be fulfilled once in the said financial institution event that a Bank issues a quotation in terms document which reflects the name of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, the Property, a mortgage loan amount which is equal to withdraw such approval.
24.1.2 If the loan is approved for an amount less or greater than the amount referred to in paragraph 4.2 set out above and the rate of interest and such other information which would usually reflect on a quotation issued under provisions of the schedule NCA.
10.1.3 Upon the Purchaser accepting a quotation and/or pre-agreement statement from a Bank for the granting of a loan for a lesser amount than the amount stipulated above, in which event the Purchaser shall deliver to the Conveyancers a guarantee for the difference between the amount stipulated above on the one hand and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled.
24.1.3 For the purposes of obtaining the loan referred to in Clause 24.1.1 above accepted on the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 other hand, within 14 (fourteen) days of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed offer being accepted by the Seller without the prior written consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Offer to Purchase
SUSPENSIVE CONDITIONS. This agreement 2.1 The obligations of the Lender to the Borrower in terms of this Agreement (other than those contained in this clause 2 and in clauses 1 and 20 to 28 (both inclusive) which shall commence on the Signature Date) are subject to the fulfilment or waiver, confirmed in writing by the Lender to the Borrower, of the suspensive conditions set out in Annexure “A” hereto no later than 2 (two) Business Days prior to the first Drawdown Date, or such other extended date as may be stipulated in writing by the Lender.
2.2 The obligation of the Lender to make any Advance available to the Borrower pursuant to clause 5, is subject to the following further suspensive conditions:conditions set out in Annexure “B”.
24.1.1 That a mortgage loan is granted 2.3 If the suspensive conditions set out in Annexure “A” are not fulfilled or waived prior to the Purchaser within a period date specified in clause 2.1 or, by any extended date for fulfilment thereof as may be agreed to in writing by the Lender and the Borrower, the provisions of 30 this Agreement shall not come into force and effect (thirtyother than those contained in this clause 2 and in clause 1 and 20 to 28 (both inclusive) days reckoned which are binding from the date Signature Date) and the Lender and the Borrower shall be restored as near as may be reasonably possible, to the position in which they would have been had this Agreement not been entered into. No party shall have any claim against the other as a result of signature hereof the failure of the Agreement coming into effect.
2.4 The fulfilment or waiver of the suspensive conditions set out in Annexure “A” or “Annexure “B” shall be evidenced by way of a written communication by the Seller by a registered credit provider against Lender to the security of a first mortgage bond to be registered over Borrower advising that same are considered fulfilled or the Property requirement for the amount fulfilment thereof or part thereof is waived.
2.5 The Parties acknowledge that the suspensive conditions set out in Annexures “A” and “B” referred to above have been incorporated in paragraph 4.2 this Agreement for the benefit of the schedule or, subject to Lender and may be waived by the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser Lender in its sole discretion may accept and subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, to withdraw such approvalit may stipulate.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled.
24.1.3 For the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed by the Seller without the prior written consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
SUSPENSIVE CONDITIONS. This agreement is The rights and obligations of each Seller and the Purchaser under this Agreement (other than the Surviving Provisions which shall be unconditional and of immediate force and effect on and with effect from the Signature Date), are subject to to, and conditional upon, the fulfilment or waiver of the following suspensive conditionsSuspensive Conditions in relation to each Business conducted by each Seller:
24.1.1 That a mortgage loan is 5.1.1. By not later than 24 (twenty four) months after the Signature Date, the Council and the National Department of Health where applicable will have in writing authorised the transfer of the Pharmacy Licence granted to the Purchaser within a period of 30 (thirty) days reckoned from the date of signature hereof by the Seller by a registered credit provider against the security of a first mortgage bond to be registered over the Property for the amount referred to Seller, in paragraph 4.2 favour of the schedule orPurchaser, subject to the conditions contained in Clause 24.1.2 belowunconditionally and without qualification, such lesser amount as the Purchaser in its sole discretion may accept or subject to such terms conditions and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance qualifications the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to the Purchaser, to withdraw such approval.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule Seller and the Purchaser accepts will have confirmed to each other in writing, within 5 (five) business days of receipt of such lower amount in writing by his signature approval, are reasonably acceptable to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilledthem.
24.1.3 For 5.1.2. By not later than 24 (twenty four) months after the purposes of obtaining the loan referred to in Clause 24.1.1 above Signature Date, the Purchaser hereby authorises being furnished with the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed by the Seller without the prior written consent of the Seller. The parties place on record that lessor (as recorded next to the Purchase Price agreed upon is based on name of the premise that all the Purchasers Seller in the scheme will utilize Row which bears the same Mortgage Originator Seller’s name, and more fully described in Column 2 and 3 of Annexure B) for the transfer of the lease, or the assignment of the lease, in respect of the bond applications Premises, on terms reasonably satisfactory to the Purchaser. Each Seller and accordingly appointing the Mortgage Originator will result Purchaser shall use their respective reasonable endeavours to procure the fulfilment of the Suspensive Conditions before the date stipulated in economic benefit and convenience clause 5.1 (including the date to which such date may be extended). The Suspensive Conditions are for the Purchaser.
24.1.4 benefit of the Purchaser only. The Purchaser may waive any Suspensive Condition (either in whole or in part) by written notice given to the applicable Seller before the date stipulated for its fulfilment in clause 5.1 (including the date to which such date may be extended). If the Suspensive Conditions are not timeously fulfilled or, where permitted, waived, this Agreement insofar as it is between the Purchaser and the applicable Seller shall cause be null and void ab initio, save for the Conveyancers Surviving Provisions which shall continue to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers binding, and the bond registrations Purchaser and accordingly appointing the applicable Seller shall restore to one another any performance each may have rendered or received under this Agreement. Neither the Purchaser nor the applicable Seller shall have any claim against any other of any nature, except such Conveyancer’s will claims as may result from a breach of its obligations in an economic benefit and convenience for the Purchaserterms of clause 5.2.
Appears in 1 contract
Samples: Sale of Business Agreement
SUSPENSIVE CONDITIONS. 2.1 This agreement is subject to the fulfilment of the following suspensive conditions:
24.1.1 That 2.1.1 The purchaser receiving a quotation and Pre-Agreement issued by a banking institution as envisaged in Section 92 of the National Credit Act No 34 of 2005 for a mortgage loan is granted to in the Purchaser amount specified in 6 of the schedule within a period of 30 (thirty) days reckoned from of the date of signature hereof sale or such extended time as the seller may, in its sole discretion, grant the purchaser.
2.1.2 In the event of a cash transaction or, should any portion of the purchase price not be covered by the Seller by mortgage loan envisaged in clause 2.1.1, the purchaser furnishing the seller with written proof, together with all necessary supporting documentation, acceptable to the seller, as to the manner in which the purchaser intends to comply with his obligations with regard to payment of such shortfall as well as VAT on the purchase price. The acceptability of such proof shall be at the sole discretion of the seller. Such proof shall be furnished to the conveyancers within 14 (fourteen) days of the date of sale (in the case of a registered credit provider cash transaction) or the issue of a quotation and a Pre-Agreement (in the case of the sale being subject to a mortgage loan), or such extended time as the seller may, in its sole discretion, grant the purchaser.
2.2 If either or both of the suspensive conditions, recorded in clause 2.1 above, have not been fulfilled within the respective time periods specified in clause 2.1 above (or such extended period as the seller may have granted the purchaser in writing), this agreement shall automatically fail and be of no further force and effect, provided that the parties will use their respective best endeavours to restore the status quo ante.
2.3 The parties shall take all steps reasonably necessary to procure the timeous fulfilment of the suspensive conditions referred to in clause 2.1 above. In order to facilitate such timeous fulfilment of the suspensive conditions, the seller may elect, in its sole and absolute discretion to grant the purchaser loan finance against the security of a first mortgage bond to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule or, subject to the conditions contained in Clause 24.1.2 below, property and on such lesser amount as the Purchaser in its sole discretion may accept subject to such other terms and conditions as are normally imposed it may decide.
2.4 Without limiting the generality of clause 2.3 above, the purchaser shall promptly furnish such information and sign such application forms and other documentation as may be reasonably required by such registered credit providers when granting mortgage loans any financial institution or the seller for purposes of considering an application for a loan and ensuring that the loan facility remains available to finance the purchase of sectional title units and exclusive use areaspurchaser at all relevant times. The purchaser hereby irrevocably authorises the agent to apply for the required loan on his behalf, which condition will be deemed provided that nothing done or omitted to be fulfilled once done by the said financial institution issues a quotation agent shall limit or detract from the purchaser’s obligations in terms of section 92(2) of this clause.
2.5 If the NCA to purchaser is a company, close corporation, trust or other legal entity and the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of condition that the directors and/or shareholders and/or members and/or trustees (as the case may be) are required to stand surety, or if the purchaser is a condition or conditions or married person and the loan is granted subject to the reservation condition that the purchaser’s spouse binds him/herself as surety for and co-principal debtor with the purchaser arising from or in connection with such loan, the purchaser shall ensure that such sureties sign all relevant documentation, prescribed by the purchaser’s bank timeously in order to comply with the terms of clause 2.1.2 above.
2.6 Should any loan application be unsuccessful, the purchaser shall use his best endeavours to take all such further steps as may be necessary to obtain loan finance elsewhere, including the procurement of any surety, if so required by the prospective lender. Written proof of all such applications, as well as the letter granting and/or declining such application/s shall be submitted to the agent forthwith upon request.
2.7 The seller shall notify the Association of the right conclusion of this agreement, other than in the said registered credit provider at any time prior to case of sales by the payment developer, forthwith after the date of the proceeds of such mortgage loan to the Purchaser, to withdraw such approvalsale.
24.1.2 If 2.8 Notwithstanding the loan is approved for an amount less than provisions of this clause 2, the amount referred provisions of clauses 1, 2, 4.1.1, 10, 11, 12 and 15 to in paragraph 4.2 23 of these standard terms and conditions shall be of immediate force and effect and shall impose valid and binding obligations on the schedule and parties, whether or not the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will be deemed to be suspensive conditions are fulfilled.
24.1.3 For the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to in Clause 24.1.1 through any person other than the Mortgage Originator appointed by the Seller without the prior written consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
SUSPENSIVE CONDITIONS. This 2.1 Subject to any suspensive conditions referred to in paragraph 8 of Part A, this agreement is subject to fulfilment of the following suspensive conditionsconditions :
24.1.1 That a mortgage loan is granted 2.1.1 the Seller selling not less than 70% of the properties in the combination of phases of the development of which the property forms part (of which the deposits have been paid and the balance of the funding have been approved or proof of the availability of funds have been furnished to the Purchaser within a period of 30 (thirtySeller) days reckoned from the date of signature hereof by and the Seller by a registered credit provider against notifying the Purchaser in writing that this condition has been fulfilled to its satisfaction;
2.1.2 the Purchaser on the security of the property obtaining a first mortgage bond to be registered over the Property loan for the sum of the loan amount referred to in paragraph 4.2 5 of Part A at prevailing bank interest rates and conditions within the period referred to in paragraph 5 of Part A or within such longer period as the parties may agree to in writing.
2.2 The suspensive condition referred to in clause 2.1.1 is stipulated for the benefit of the schedule or, subject to Seller only and the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will Seller shall be deemed to be fulfilled once the said financial institution issues a quotation in terms of section 92(2) of the NCA to the effect that the mortgage loan application has been approved notwithstanding the fact that such approval is granted subject to the fulfilment of a condition or conditions or subject to the reservation of the right of the said registered credit provider entitled at any time prior to waive the payment benefits of all or any thereof.
2.3 If the transferring attorneys (as referred to in paragraph 7 of Part A) are not notified of fulfilment of the proceeds suspensive condition referred to in clause 2.1.2 by the date referred to in paragraph 5 of such mortgage loan Part A, the Seller shall be entitled to cancel this agreement by notice in writing to the Purchaser, in event whereof –
2.3.1 no party hereto shall have any claim against another arising out of or in connection with this agreement; and
2.3.2 to withdraw such approvalthe extent that this agreement may have been partially implemented, the parties shall be restored to the status quo ante (which shall include repayment to the Purchaser of any deposit paid by the Purchaser), unless determined otherwise in this agreement.
24.1.2 If the loan is approved for an amount less than the amount 2.4 The suspensive condition referred to in paragraph 4.2 clause 2.1.2 is stipulated for the benefit of both parties who together shall be entitled to waive compliance with same or to extend the date against which it must be fulfilled: Provided that the suspensive conditions shall against proof of approval in principle by a bank that funds would be available for payment of the schedule balance of the purchase price against registration of transfer, be deemed to have been fulfilled.
2.5 The parties undertake to forthwith do all things within their power and to take all reasonable steps as expeditiously as possible in order to secure fulfilment of the suspensive conditions and to give effect to the provisions of this clause 2.
2.6 Notwithstanding any other provisions, the Seller may by notice in writing to the Purchaser accepts such lower amount in writing by his signature to cancel or mothball the quotation as development scheme and cancel this agreement if the suspensive condition referred to in Clause 24.1.1 above, this condition will be deemed to be fulfilled.
24.1.3 For clause 2.1.1 has not been fulfilled or if any terms or conditions imposed by the purposes of obtaining the loan referred to in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 of the schedule to submit a loan application on the Purchaser’s behalf to any financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information local authority or any document, and to sign all such documents, which are required other competent person or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application for the loan referred to authority in Clause 24.1.1 through granting any person other than the Mortgage Originator appointed by the Seller without the prior written approval or consent of the Seller. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the Purchaser.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers development scheme in the scheme will utilize Seller's assessment are too onerous or costly to comply with, or should circumstances arise which in the same Conveyancers Seller's assessment warrants the termination of this agreement, in respect case of which the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaserprovisions of clause 2.3 shall apply mutatis mutandis.
Appears in 1 contract
Samples: Sale Agreement
SUSPENSIVE CONDITIONS. This agreement 4.1 Save for clauses 1 to 3 above, all of which will become effective immediately, this Agreement is subject to the fulfillment of the following suspensive conditions:conditions –
24.1.1 That a mortgage loan is granted 4.1.1 by no later than the Deposit Due Date (Item D of the Schedule), the Purchaser(s) shall make payment of the deposit amount as set out in Item D of the Schedule to the Purchaser within Transferring Attorneys Trust Account;
4.1.2 By no later than the Bond Due Date (Item E of the Schedule), the Purchaser(s) procures a period loan/finance for the amount reflected in Item E of 30 (thirtythe Schedule or such lesser amount as the Purchaser(s) days reckoned from the date of signature hereof by the Seller by a registered credit provider against may apply for or accept, on the security of a first mortgage bond bond(s) to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule orby a recognised Financial Institution, and subject to the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues at his/her/their/its expense. It is a quotation material term of this condition that the Purchaser(s) signs and submits all documentation necessary to make the application for a mortgage bond(s) in terms fulfillment hereof. Failure to do so will constitute a breach of section 92(2) of the NCA to contract and shall have the effect that of this suspensive condition being fictionally fulfilled. As such the mortgage loan application has been approved notwithstanding Purchaser(s) acknowledge that:
4.1.2.1 Should the fact that such approval is bond(s) be granted subject to the fulfilment of for a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to lesser amount upon the Purchaser’s request, to withdraw such approval.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will precedent shall be deemed to be fulfilled.
24.1.3 For 4.1.2.2 Should the purposes bond(s) not be granted on or before the Bond Due Date aforesaid, the due date will automatically be extended by the number of obtaining the loan referred to days reflected in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 Item E of the schedule to submit a Schedule;
4.1.2.3 The loan application will be deemed granted on the Purchaser’s behalf to any date that the financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application institution issues a written approval and/or a quotation and/or pre-agreement statement for the loan referred required or applied for from the Financial Institution and will further be deemed fulfilled upon advice given by the respective mortgagee(s) that the loan(s) has/have been approved in final form; and
4.1.2.4 The Purchaser(s) shall at any time have the right to waive this condition on or before the Bond Due Date or the extended period reflected in Clause 24.1.1 through any person other Item E of the Schedule, which condition is included herein for the benefit of the Purchaser(s);
4.1.3 Notwithstanding anything to the contrary contained herein, this Agreement shall not be subject to the Suspensive condition described in clause 6.1 if the transaction contemplated herein is a cash deal (that being a transaction in terms of which the required loan amount in item of the Schedule is not completed or is stated to be zero).
4.2 Unless the Suspensive Conditions have been fulfilled or waived by not later than the Mortgage Originator appointed relevant date for fulfillment thereof set out above (or such extended period as may be determined by the Seller without and written notice of which shall be given to the prior written consent Purchaser, notwithstanding anything to the contrary contained in this Agreement), this Agreement will automatically lapse and will be of no further force or effect, provided that the Parties will use their respective reasonable endeavors to restore the status quo ante and neither of the SellerParties will have any claim against the other in terms hereof or arising from the failure to fulfill the Conditions Precedent. The parties place on record It is specifically recorded that in such event, the Purchase Price agreed upon is based on Seller will, within a reasonable period time after the premise that Agreement has lapsed, refund the Purchaser(s) all amounts which the Purchasers in Purchaser(s) have paid to the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the PurchaserConveyancing Attorneys pursuant to this Agreement.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
SUSPENSIVE CONDITIONS. This agreement Save for clauses 1 to 3 above, all of which will become effective immediately, this Agreement is subject to the fulfillment of the following suspensive conditions:conditions –
24.1.1 That a mortgage loan 4.1 By no later than the 28th of February 2023 (the “Return Date”), the Seller shall endeavour to open the sectional title register in accordance with the provision of the Sectional Titles Act, Act 95 of 1986. The Seller shall at any time have the right to waive this condition on or before the Return Date or the extended period as may be agreed on between the Parties in writing, which condition is granted included herein for the benefit of the Seller.
4.2 by no later than the Deposit Due Date (Item D of the Schedule), the Purchaser(s) shall make payment of the deposit amount as set out in Item D of the Schedule to the Purchaser within Transferring Attorneys Trust Account;
4.3 By no later than the Bond Due Date (Item E of the Schedule), the Purchaser(s) procures a period loan/finance for the amount reflected in Item E of 30 (thirtythe Schedule or such lesser amount as the Purchaser(s) days reckoned from the date of signature hereof by the Seller by a registered credit provider against may apply for or accept, on the security of a first mortgage bond bond(s) to be registered over the Property for the amount referred to in paragraph 4.2 of the schedule orby a recognised Financial Institution, and subject to the conditions contained in Clause 24.1.2 below, such lesser amount as the Purchaser in its sole discretion may accept subject to such terms and conditions as are normally imposed by such registered credit providers when granting mortgage loans to finance the purchase of sectional title units and exclusive use areas, which condition will be deemed to be fulfilled once the said financial institution issues at his/her/their/its expense. It is a quotation material term of this condition that the Purchaser(s) signs and submits all documentation necessary to make the application for a mortgage bond(s) in terms fulfillment hereof. Failure to do so will constitute a breach of section 92(2) of the NCA to contract and shall have the effect that of this suspensive condition being fictionally fulfilled. As such the mortgage loan application has been approved notwithstanding Purchaser(s) acknowledge that:
4.3.1 Should the fact that such approval is bond(s) be granted subject to the fulfilment of for a condition or conditions or subject to the reservation of the right of the said registered credit provider at any time prior to the payment of the proceeds of such mortgage loan to lesser amount upon the Purchaser’s request, to withdraw such approval.
24.1.2 If the loan is approved for an amount less than the amount referred to in paragraph 4.2 of the schedule and the Purchaser accepts such lower amount in writing by his signature to the quotation as referred to in Clause 24.1.1 above, this condition will precedent shall be deemed to be fulfilled.;
24.1.3 For 4.3.2 Should the purposes bond(s) not be granted on or before the Bond Due Date aforesaid, the due date will automatically be extended by the number of obtaining the loan referred to days reflected in Clause 24.1.1 above the Purchaser hereby authorises the Mortgage Originator referred to in paragraph 4.4 Item E of the schedule to submit a Schedule;
4.3.3 The loan application will be deemed granted on the Purchaser’s behalf to any date that the financial institution, and agrees and undertakes to furnish the Mortgage Originator with any such information or any document, and to sign all such documents, which are required or necessary for the purposes of such loan application forthwith. The Purchaser shall not make application institution issues a written approval and/or a quotation and/or pre-agreement statement for the loan referred required or applied for from the Financial Institution and will further be deemed fulfilled upon advice given by the respective mortgagee(s) that the loan(s) has/have been approved in final form; and
4.3.4 The Purchaser(s) shall at any time have the right to waive this condition on or before the Bond Due Date or the extended period reflected in Clause 24.1.1 through any person other Item E of the Schedule, which condition is included herein for the benefit of the Purchaser(s);
4.3.5 Notwithstanding anything to the contrary contained herein, this Agreement shall not be subject to the Suspensive condition described in clause 4.3 if the transaction contemplated herein is a cash deal (that being a transaction in terms of which the required loan amount in item of the Schedule is not completed or is stated to be zero).
4.4 Unless the Suspensive Conditions have been fulfilled or waived by not later than the Mortgage Originator appointed relevant date for fulfillment thereof set out above (or such extended period as may be determined by the Seller without and written notice of which shall be given to the prior written consent Purchaser, notwithstanding anything to the contrary contained in this Agreement), this Agreement will automatically lapse and will be of no further force or effect, provided that the Parties will use their respective reasonable endeavors to restore the status quo ante and neither of the SellerParties will have any claim against the other in terms hereof or arising from the failure to fulfill the Conditions Precedent. The parties place on record It is specifically recorded that in such event, the Purchase Price agreed upon is based on Seller will, within a reasonable period time after the premise that Agreement has lapsed, refund the Purchaser(s) all amounts which the Purchasers in Purchaser(s) have paid to the scheme will utilize the same Mortgage Originator in respect of the bond applications and accordingly appointing the Mortgage Originator will result in economic benefit and convenience for the PurchaserConveyancing Attorneys pursuant to this Agreement.
24.1.4 The Purchaser shall cause the Conveyancers to be appointed as the bond registration attorneys for the registration of the mortgage bond in respect of the loan referred to in Clause 24.1.1 above. The parties place on record that the Purchase Price agreed upon is based on the premise that all the Purchasers in the scheme will utilize the same Conveyancers in respect of the transfers and the bond registrations and accordingly appointing such Conveyancer’s will result in an economic benefit and convenience for the Purchaser.
Appears in 1 contract
Samples: Deed of Sale