Title Cure Period. Seller shall use reasonable efforts, within ten (10) days after notice of Buyer's disapproval of any Exceptions (the "Title Cure Period"), to (i) remove any disapproved Exceptions or (ii) agree to remove any disapproved Exceptions on or before the Closing. If Seller gives notice, within the Title Cure Period, that Seller will remove any such disapproved Exception on or before the Closing, such Exception shall be deemed removed for purposes hereof, Seller shall be obligated to remove such Exception on or before the Closing, and Seller's failure to remove such exception on or before the Closing shall be a default by Seller hereunder. With respect to any Exception consisting of a financial encumbrance such as a mortgage, deed of trust, or other debt security, or any delinquent real estate taxes outstanding against the Property, such matter shall automatically be deemed a disapproved Exception; Seller hereby covenants to remove any mortgage, tax lien, or other voluntary monetary encumbrance on or before the Closing, provided that Seller's obligation as to any involuntary monetary encumbrance shall be limited to the sum of $25,000. Seller shall not be obligated to make such expenditure unless the Inspection Period has expired and Buyer has waived the Section 4.4 Conditions.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Quaker Fabric Corp /De/)
Title Cure Period. Seller shall use reasonable efforts, within ten sixty (1060) days after notice of Buyer's disapproval of any Exceptions (the "Title Cure Period"), to (i) remove any disapproved Exceptions or (ii) agree to remove any disapproved Exceptions on or before the Closing. If Seller gives notice, within the Title Cure Period, that Seller will remove any such disapproved Exception on or before the Closing, such Exception shall be deemed removed for purposes hereof, Seller shall be obligated to remove such Exception on or before the Closing, and Seller's failure to remove such exception on or before the Closing shall be a default by Seller hereunder. With respect to any Exception consisting of a financial encumbrance such as a mortgage, deed of trust, or other debt security, or any delinquent real estate taxes or mechanic's liens outstanding against the Property, such matter shall automatically be deemed a disapproved Exception; Seller hereby covenants to remove any mortgage, tax lien, or other voluntary monetary encumbrance such Exception on or before the Closing, provided that . Except as to voluntary monetary encumbrances as to which there shall be no limit upon Seller's obligation as to any involuntary monetary encumbrance shall be limited to the sum of $25,000. obligations hereunder, Seller shall not be obligated to make such expenditure unless expend more than $5,000 in the Inspection Period has expired and Buyer has waived the Section 4.4 Conditionscure of any disapproved Exceptions.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Quaker Fabric Corp /De/)
Title Cure Period. Seller shall use reasonable efforts, within ten sixty (1060) days after notice of Buyer's disapproval of any Exceptions (the "Title Cure Period"), to (i) remove any disapproved Exceptions or (ii) agree to remove any disapproved Exceptions on or before the Closing. If Seller gives notice, within the Title Cure Period, that Seller will remove any such disapproved Exception on or before the Closing, such Exception shall be deemed removed for purposes hereof, Seller shall be obligated to remove such Exception on or before the Closing, and Seller's failure to remove such exception on or before the Closing shall be a default by Seller hereunder. With respect to any Exception consisting of a financial encumbrance such as a mortgage, deed of trust, or other debt security, or any delinquent real estate taxes or mechanic's liens outstanding against the Property, such matter shall automatically be deemed a disapproved Exception; Seller hereby covenants to remove any mortgage, tax lien, or other voluntary monetary encumbrance such Exception on or before the Closing, provided that . Except as to voluntary monetary encumbrances as to which there shall be no limit upon Seller's obligation as to any involuntary monetary encumbrance shall be limited to the sum of $25,000. obligations hereunder, Seller shall not be obligated to make such expenditure unless expend more than $25,000 in the Inspection Period has expired and Buyer has waived the Section 4.4 Conditionscure of any disapproved Exceptions.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Quaker Fabric Corp /De/)
Title Cure Period. Seller shall use reasonable efforts, within ten seven (107) days after notice of Buyer's disapproval of any Exceptions (the "Title Cure Period"), to (i) remove any disapproved Exceptions or (ii) agree to remove any disapproved Exceptions on or before the Closing. If Seller gives notice, within the Title Cure Period, that Seller will remove any such disapproved Exception on or before the Closing, such Exception shall be deemed removed for purposes hereof, Seller shall be obligated to remove such Exception on or before the Closing, and Seller's failure to remove such exception on or before the Closing shall be a default by Seller hereunder. With respect to any Exception consisting of a financial encumbrance such as a mortgage, deed of trust, or other debt security, or any delinquent real estate taxes or mechanic's liens outstanding against the Property, such matter shall automatically be deemed a disapproved Exception; Seller hereby covenants to remove any mortgage, tax lien, or other voluntary monetary encumbrance such Exception on or before the Closing, provided that Seller's obligation as to any involuntary monetary encumbrance shall be limited to the sum of $25,000. Seller shall not be obligated to make such expenditure unless the Inspection Period has expired and Buyer has waived the Section 4.4 Conditions.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Quaker Fabric Corp /De/)
Title Cure Period. Seller shall use reasonable efforts, within ten seven (107) days after notice of Buyer's disapproval of any Exceptions (the "Title Cure Period"), to (i) remove any disapproved Exceptions or (ii) agree to remove any disapproved Exceptions on or before the Closing. If Seller gives notice, within the Title Cure Period, that Seller will remove any such disapproved Exception on or before the Closing, such Exception shall be deemed removed for purposes hereof, Seller shall be obligated to remove such Exception on or before the Closing, and Seller's failure to remove such exception on or before the Closing shall be a default by Seller hereunder. With respect to any Exception consisting of a financial encumbrance such as a mortgage, deed of trust, or other debt security, or any delinquent real estate taxes or mechanic's liens outstanding against the Property, such matter shall automatically be deemed a disapproved Exception; Seller hereby covenants to remove any mortgage, tax lien, or other voluntary monetary encumbrance such financial Exception on or before the Closing, provided that Seller's obligation as to any involuntary monetary encumbrance shall be limited to the sum of $25,000. Seller shall not be obligated to make such expenditure unless the Inspection Period has expired and Buyer has waived the Section 4.4 Conditions.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Quaker Fabric Corp /De/)