Title Binder. On or before five (5) business days from the execution of this Agreement, Seller shall have delivered to Buyer a copy of its title commitment or policy for the Property (complete with copies of all exceptions to title), and within ten (10) business days after the receipt of same, Buyer shall secure a current title commitment (the "Title Binder") from the Title Company, and shall have until the Inspection Period Expiration Date (as hereinafter defined) to examine the condition of title, including the terms and provisions of all items and documents referred to in the Title Binder, and all information regarding title as disclosed on the Survey (hereinafter defined), and to approve or disapprove the same. If Buyer shall disapprove the condition of title, such disapproval shall be set forth in a notice given to Seller (the "Disapproval Notice") identifying the condition of title to the Property or any of the terms, provisions or contents of said items, documents or Survey which are disapproved by Buyer (the "Title Objections"). Subject to the provisions of the succeeding portion of this Section 7.1, Seller shall have until the date which is ten (10) days after the date of the Disapproval Notice (the "Title Cure Expiration Date") in which to cure or eliminate all items which Buyer disapproves in the Disapproval Notice, and to furnish evidence satisfactory to Buyer and the Title Company that all such items have been cured or eliminated or that arrangements have been made with the Title Company and any parties in interest to cure or eliminate the same at or prior to the Closing. If Seller fails to remove any Title Objection in accordance with the provisions of the immediately preceding sentence, Buyer, nevertheless, may elect (at or prior to the Closing) to consummate the transaction provided for in this Agreement subject to any such Title Objection(s) as may exist as of the Closing with a credit against the Purchase Price equal to the sum necessary to remove any lien of a fixed or ascertainable amount . If Buyer shall not so elect, Buyer may terminate this Agreement by notice in writing to Seller, whereupon the Deposit shall be immediately refunded to Buyer, and this Agreement shall be null and void, and the parties hereto shall be relieved of all further obligations and liability under this Agreement.
Title Binder. On or before the execution of this Agreement, Seller shall have made available to Buyer, without representation or warranty, Seller's most recently dated title commitment for the Property (complete with copies of all exceptions to title), and Buyer shall order a current title commitment (the "Title Binder") from the
Title Binder. Buyer has obtained a preliminary commitment and supplemental report for an ALTA owner’s standard coverage title insurance policy (title order no. NCS-657443-WA1 dated 10/24/2014, as supplemented), issued by First American Title Insurance Company (“Title Company”) describing the Property, showing all matters pertaining to the Port Property and listing Buyer as the prospective named insured. Following the mutual execution of this Agreement, Buyer may obtain from Title Company at Buyer’s sole cost additional written supplemental report to such preliminary commitment, in a form acceptable to Buyer, updating the preliminary commitment to the execution date of the Agreement. Such preliminary commitment, supplemental reports and true, correct and legible copies of all documents referred to in such preliminary commitment and supplemental reports as conditions or exceptions to title to the Property are collectively referred to herein as the “Title Binder.”
Title Binder. 13 7.2 Survey............................................................13 7.3 Physical and Financial Inspection.................................14 7.3.1
Title Binder. Seller shall, as soon as possible, and not later than ten (10) days from the date hereof, cause to be furnished to Buyer, a current ALTA Commitment for an Extended Coverage ALTA Owners Policy of Title Insurance ("Title Binder") issued by the Title Company, together with copies of all documents identified on the Title Binder as exceptions to
Title Binder. Seller shall provide to Buyer, in accordance with Section 12.1(a), a copy of the following to the extent the same are within Seller’s possession: (i) all currently effective title insurance policies and copies of all exceptions, and (ii) plats and surveys in their possession that relate to the Property and the Facility. Buyer shall have the right to secure, at its sole cost and expense the following: (1) recent ALTA/ACSM Land Title survey for the Property (the “Survey”), and (2) preliminary report on title for the Property, issued by Title Insurer, which preliminary report shall contain a commitment of the Title Company with results of special Tax search (collectively, the “Title Report”) to issue to Buyer a 2006 ALTA form of Owner’s Policy of Title Insurance (with the general exceptions deleted), subject only to such exceptions as Buyer shall have approved pursuant to this Section 7.2(a) (the “Title Policy”) insuring the interest of Buyer in the Property in the amount of the Purchase Price or such lesser amount attributable to the Property, as identified by Buyer, in its discretion. The Title Policy shall provide full coverage against all labor, mechanics’ and materialmen’s liens, and contain such endorsements as Buyer may reasonably require, including any endorsements required as a condition to Buyer’s approval of any title exceptions pursuant to this section (the “Endorsements”). The Title Report shall be obtained with legible copies of all recorded exceptions to title referred to therein to the extent reasonably available (the “Exception Documents”). Seller will cause all standard exceptions, other than the survey exception, to be deleted from the Title Policy at the Closing. If Buyer desires to have the survey exception deleted, Buyer shall pay all costs associated with the preparation of the Survey in a form acceptable to the agency issuing the Title Policy. Buyer shall have through the later of: (x) fifteen (15) Business Days after receipt of the Exception Documents and the Survey or (y) the end of the Study Period (the “Title Review Period”), to approve or disapprove in writing the Title Report and Survey with respect to the Property, with any such notice (the “Title Objection Notice”) of disapproval specifying the Exception Documents or other matters to which Buyer objects. The failure of Buyer to approve any lien or other matter reflected in the Title Report or Survey with respect to the Property within the required time shall be deemed disapprov...
Title Binder. SELLER has received Chicago Title Insurance Company (“Title Company”), Commitment Report No. 300804668 (Draft No. 3) dated June 30, 2008 as to lands in Glades County, June 19, 2008 as to lands in Xxxxxx County and July 3, 2008 as to lands in Palm Beach County which included the Premises (collectively, the “Original Commitment”), together with copies of the exceptions set forth therein. The Original Commitment is acceptable to and approved by BUYER subject to the objections raised in BUYER’s letter to SELLER dated February 6, 2009, except for objections set forth in Paragraphs 15, 24, 29, 51, 56, 68, 82 and * * [*ABE/XXXX TO PROVIDE*] therein, which objections BUYER hereby waives (the objections set forth in such letter that are not waived as set forth above and which relate to the Premises are herein called the “Title Objections”). SELLER shall have thirty (30) days after the Effective Date to cause the Title Company to issue and deliver to BUYER a title binder or binders for the Premises with legible copies of the deeds vesting title in, and conveying title from, SELLER and all instruments affecting title attached thereto (collectively, “Title Binder”), committing the Title Company to issue in BUYER’s favor an ALTA title insurance policy or policies insuring BUYER’s interest in the Premises (collectively, the “Title Policy”) in the amount of the Purchase Price (it being agreed that separate policies may be issued for each portion(s) of the Premises that are owned by each of Parent and its Selling Subsidiaries so long as the aggregate amount of the title insurance is equal to 100% of the Purchase Price). BUYER shall provide SELLER with written notice of any objections to the Title Binder within thirty (30) days after receipt of the same, it being agreed that (A) BUYER may only object to matters in the Title Binder that have not already been approved or deemed approved by BUYER in the Original Commitment or the Survey (i.e., matters other than the Title Objections or Survey Objections) and (B) BUYER shall be deemed to have accepted the matters disclosed in the Title Binder to the extent BUYER does not timely provide notice of the such objections within such 30-day period (any such timely written objections to the Title Binder are herein called the “Additional Title Objections”). Prior to Closing, BUYER may request updates of the Title Binder from time to time (the “Title Updates”). BUYER shall provide SELLER with written notice of any objections to the Titl...
Title Binder. 43 5.31.2 Survey.......................................43 5.31.3 Review of Title and Survey...................44 Section 5.32 Seller Name Change....................................44 Section 5.33 Consent of Mortgage Lender............................44 Section 5.34 Guaranty..............................................44 ARTICLE VI CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER.....................44
Title Binder. Within ten (10) days after the Effective Date, Seller, at Seller’s sole cost and expense, shall cause to be furnished to Purchaser a current Title Commitment, together with copies of all instruments referred to as exceptions to title. The Title Commitment shall set forth the state of title to the Land and Improvements, together with all exceptions or conditions to such title, including, without limitation, all easements, restrictions, rights-of-way, covenants, reservations, and all other liens or encumbrances affecting the Land which would appear in an owner’s title policy, if issued. The Title Commitment shall contain the express commitment of the Title Company to issue the Title Policy to Purchaser in the amount of the Purchase Price insuring such title to the Land and Improvements as is specified in the Title Commitment, with the standard printed exceptions endorsed or deleted in accordance with Section 2.02.
Title Binder. Survey. A title insurance policy (marked title policy commitment) issued by a reputable title insurance company in an amount not less than the portion of the Purchase Price allocated to the Real Property with the costs of such title insurance to be borne by Purchaser, and a survey of the Land on which the Facility is located with the cost of such survey to be borne by Purchaser;
