Title Material. Promptly following the Effective Date, Seller will obtain and deliver to Buyer a current preliminary title report ("Title Report") for the Real Property prepared by the Title Company, together with a copy of the documents listed as exceptions therein. Buyer, at its cost, shall obtain a survey ("Survey") of the Real Property prepared by a licensed engineer or surveyor, which Survey shall be sufficient to provide the basis for an ALTA owner's policy of title insurance. Buyer shall deliver a copy of the Survey to the Title Company and to Seller.
Title Material. Within ten (10) calendar days after the full execution of this Agreement by both Xxxxx and Xxxxxx, Xxx X. XxXxxx of XxXxxx Xxxxx Xxxxxxxxx PA, shall obtain, at Seller's sole cost and expense, a title commitment ("Title Commitment") from Fidelity National Title Insurance Company (the "Title Company") with respect to the Property for a standard form of owner's insurance policy (the "Title Policy") to be issued by the Title Company at Closing in the amount of the Purchase Price. The Title Commitment shall name Xxxxx as the proposed insured, insuring Buyer's fee-simple title to the Property to be marketable and subject only to the Permitted Exceptions (hereinafter defined). Within five (5) calendar days after receipt of the Title Commitment, Buyer shall provide written notice to Seller of any matters shown by the Title Commitment or on the Survey (as defined herein) which are not satisfactory to Buyer, which notice (the "Title Notice") must specify the reason such matter(s) is (are) not satisfactory and the curative steps necessary to remove the basis for Buyer's disapproval. Notwithstanding, the Buyer shall not object to any items listed as Permitted Exceptions and set forth herein. Seller shall have a period of five (5) calendar days after receipt of the Title Notice in which to deliver written notice to Buyer (the "Title Response") of those matters, if any, which Seller shall undertake to cure prior to Closing. If Seller is not willing to undertake the cure of Buyer's objections to title, then Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's receipt of the Title Response ("Buyer's Title Response Period"), to elect to: (i) terminate this Agreement, in which event the Xxxxxxx Money Deposit shall be immediately released to Buyer; or (ii) agree to accept the Property subject to the objectionable items, in which case Buyer shall take title at the Closing subject to such objectionable items. Should Buyer fail to respond in Buyer’s Title Response Period, Buyer shall be deemed to have elected to agree to accept the Property subject to the objectionable items. Except as otherwise provided with respect to Lien Exceptions as defined below, Xxxxx's sole right with respect to any Title Commitment or Survey matter, should Buyer choose to obtain a survey, to which it objects in a Title Notice given in a timely manner shall be to elect on or before the expiration of Buyer's Title Response Period to terminate this Agreemen...
Title Material. Promptly following the Effective Date, Seller will obtain and deliver to Buyer a current preliminary title report ("TITLE REPORT") for the Real Property prepared by the Title Company, together with a copy of the documents listed as exceptions therein. Buyer, at its election, and at its cost, may obtain a survey ("SURVEY") of the Real Property prepared by a licensed engineer which Survey shall be sufficient to provide the basis for an ALTA owner's policy of title insurance. The Survey shall be obtained by Buyer, if at all, prior to the expiration of the Title Review Period and, if obtained, Buyer shall promptly deliver a copy of the Survey to Seller and the Title Company. It is acknowledged that Buyer will not be entitled to obtain an ALTA title insurance policy with respect to the Real Property if Buyer elects not to obtain a Survey with respect to such Real Property.
Title Material. As part of the Due Diligence Materials, Seller has provided to Buyer a survey of the Property as part of a survey of the adjacent land owned by Seller ("SELLER'S SURVEY"). As set forth above, Seller has not undertaken any independent investigation as to the accuracy of Seller's Survey and has provided the same solely as an accommodation to Buyer. As a further accommodation to Buyer, and without limiting the disclaimers set forth above with respect thereto, Seller has caused the engineering company that prepared Seller's Survey to add Buyer and such other entities reasonably requested by Buyer to the certification on Seller's Survey. Buyer shall be solely responsible for all costs associated with such additional certification. Buyer acknowledges that Buyer has elected not to obtain a separate survey of the Property and has instead satisfied itself as to the completeness and accuracy of the Seller's Survey.
Title Material. At the Closing, the Company shall furnish to AFC report of the Title Search issued by a reputable and responsible title insurance company acceptable to AFC (the "Title Company"), which shall reflect that the title of the 33 Company and the Subsidiaries to the real properties owned by the Company and the Subsidiaries and located at 000 Xxxxxxx Xxxxxx, Jackson, Mississippi and at 0000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx (the "Owned Realty"), is free and clear of any and all options, liens, claims, leases, encumbrances, restrictions, exceptions or objections to title except such as may be reflected in the Title Policies and the rights of owners of minerals in and under the Owned Realty and their lessees and such other matters as are approved by AFC in writing, and shall be without exceptions for possible mechanic's or materialmen's liens not shown by the public records.
Title Material. Buyer has obtained a current preliminary title report dated December 2, 1996 ("TITLE REPORT") for the Real Property prepared by the Title Company, together with a copy of the documents listed as exceptions therein. Buyer shall cause a copy of the Title Report (as well as the related documents) to be delivered to Seller. Seller has obtained, a survey ("SURVEY") of the Real Property prepared by a licensed engineer which Survey shall be sufficient to provide the basis for an ALTA owner's policy of title insurance without boundary, encroachment or survey exceptions. The Survey complies with the requirements set forth on Exhibit 6.3.1 attached hereto. A copy of the Survey has been provided to Buyer and to the Title Company.
Title Material. Promptly following the Effective Date, Seller will obtain and deliver to Buyer a current preliminary title report (“Title Report”) for the Real Property prepared by the Title Company or Escrow Agent, together with a copy of, or access to, the documents listed as exceptions therein. Buyer, at its cost, shall obtain a survey (“Survey”) of the Real Property prepared by a licensed engineer which Survey shall be sufficient to provide the basis for an ALTA owner’s policy of title insurance. The Survey shall be obtained by Buyer prior to the expiration of the Title Review Period and Buyer shall promptly deliver a copy of the Survey to Seller and the Title Company.
Title Material. Seller acknowledges and understands that Buyer is relying on Seller's representations and warranties as to the adequacy and sufficiency of Seller's title to the Interests conveyed by Seller to Buyer, all of which representations and warranties are material to Buyer and the transactions contemplated herein. From and after the date hereof Seller shall provide Buyer, its agents and representatives full opportunity, at any time and from time to time during normal business hours, to examine, inspect and copy, at Buyer's expense, the books, records and files in the possession of Seller insofar as they pertain to the Interests, pertaining to the following:
Title Material. Within ninety (90) days from the date of this Participation Agreement and at the written request of Trinity, Texoil will furnish Trinity with copies of all the Leases and any corresponding title material associated with the prospect.
