Title Objection Sample Clauses

Title Objection. (a) As used in this Agreement, the term "Title Objection Period" shall mean a period commencing on the Effective Date and ending at 5:00 p.m. (Irvine, California time) on the date that is ten (10) calendar days after the Effective Date (and in determining such ten (10)-day period, the Effective Date shall not be counted). Purchaser may object to any matter shown on the Survey or any of the exceptions listed in the Title Report by delivery of a written notice ("Purchaser's Title Notice") to Seller prior to the expiration of the Title Objection Period; provided, however, Purchaser may not object to the following: (i) any mortgage or deed of trust (the "Deed of Trust") securing a Promissory Note (the "Note") dated as of December 3, 2003, in the original principal amount of Twenty-Two Million Dollars ($22,000,000), executed by Seller and payable to the order of Bank of the West (which Seller shall remove pursuant to Section 4.2(b) below); (ii) the REA, which Purchaser shall be deemed to have approved; (iii) the Development Agreement (defined below in Section 7.2(b)), which Purchaser shall be deemed to have approved; (iv) the Declaration of Covenants, Conditions and Restriction, Option to Purchase and Right of First Refusal (the "CCRs") dated as of November 25, 2002, by and between the Seller and certain other owners at Park Place on the one hand and Irvine Residential Highrise LLC, a Delaware limited liability company on the other hand, and recorded November 27, 2002 in the Official Records, County of Orange, as Instrument No. 2002001079917, which Purchaser shall be deemed to have approved; (v) the Agreement Regarding Satisfaction of Development Obligations (the "ARSDO") dated as of November 25, 2002, by and between the Seller and certain other owners at Park Place on the one hand and Irvine Residential Highrise LLC, a Delaware limited liability company on the other hand, and recorded November 27, 2002 in the Official Records, County of Orange, as Instrument No. 2002001079916, which Purchaser shall be deemed to have approved; or (vi) the lien for general and special taxes and assessments, and a lien for supplemental taxes, if any, assessed pursuant to Chapter 3.5, commencing with Section 75, of the California Revenue and Taxation Code, which are not yet delinquent, which Purchaser shall be deemed to have approved. Purchaser's Title Notice shall specify the matters shown on the Survey or the exceptions listed in the Title Report to which Purchaser objects (such...
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Title Objection. If Buyer fails to deliver a Buyer's Disapproval Notice to Seller and Escrow Holder by no later than fifteen (15) business days from Buyer's receipt of the Title Commitment, Buyer will be deemed to have approved title to the Lot. If Buyer delivers a Buyer's Disapproval Notice to Seller and Escrow holder by no later than fifteen (15) business days from Buyer's receipt of the Title Commitment, Seller shall have the right, in the sole and absolute discretion of Seller, by delivering written notice to Buyer and Escrow Holder no later than ten (10) business days subsequent to Seller's receipt of Buyer's Disapproval Notice ("Seller's Title Notice"), to elect to either: (a) decline to remove any Title Objection set forth in Buyer's Disapproval Notice, in which event this Agreement shall terminate; or (b) agree to remove any Title Objection set forth in Buyer's Disapproval Notice by no later than the Closing Date, as defined in Section 5.1. If Seller fails to deliver Seller's Title Notice to Buyer and Escrow Holder by no later than ten (10) business days subsequent to Seller's receipt of Buyer's Disapproval Notice, Seller will be deemed to have automatically elected not to remove any Title Objection set forth in Buyer's Disapproval Notice, and this Agreement shall terminate. If this Agreement is terminated as set forth m this Section, Buyer shall be entitled to a refund of the Buyer's Deposit, but Buyer shall pay the cost of Title Commitment.
Title Objection. Section 5.2 (aa) Title Pro-Formas. Section 5.1
Title Objection. By the end of the Inspection Period, Buyer will make its written objections (“Title Objections”) to the form and/or contents of the Title Evidence as Buyer may wish along with copies of the Title Evidence. Buyer’s failure to make Title Objections with respect to a particular matter existing of record as of the date of this Agreement within such time period will constitute a waiver of Title Objections with respect to any such matter. Any matter shown on such Title Evidence and not objected to by Buyer prior to the end of the Inspection Period shall be a “Permitted Exception” hereunder.
Title Objection and Title Objections mean any deeds to secure debt, mortgages, liens, financing statements, security interests, easements, leases, restrictive covenants, agreements, options, claims, clouds, encroachments, rights, taxes, assessments, mechanics' or materialmen's liens (inchoate or perfected), liens for federal or state income, estate or inheritance taxes and other encumbrances of any nature whatsoever, whether existing of record or otherwise, together with any and all matters of any kind or description, including, without limitation, matters of survey and any litigation or other proceedings affecting Seller and which affect title to the Property, or the right, power and authority of Seller to convey to Purchaser title to the Property, in accordance with the terms of this Agreement, other than the Tenant Leases.
Title Objection. If a title examination by Buyer as of time of Closing discloses that title to the Premises is subject to encumbrances and defects not of record or in existence as of the date of this Agreement and as a result thereof, title is unmarketable (such event herein called a "Title Objection"), Buyer shall promptly notify Seller, and Seller may, at its option, exercise such efforts as it, in its sole discretion, deems appropriate to remove, remedy or comply with such Title Objection and Seller shall be entitled to an adjournment of the Closing for a period not to exceed thirty (30) Days, and the Closing shall be adjourned to such date as is established by the Seller. No matter shall be deemed to be a defect in title if, under the Standards of Title of the Connecticut Bar Association, such matter does not render title unmarketable. If Seller does not remove, remedy or comply with such Title Objection as of Closing (as the same may have been adjourned although Seller shall have no obligation to so adjourn), Buyer shall have, as Buyer's sole and exclusive remedy, the right and obligation to choose one of the following remedies:
Title Objection. Prior to the Due Diligence Expiration Date, Buyer will notify Seller of its written objections ("Title Objections") to the form and/or contents of the Title Evidence as Buyer may wish along with copies of the Title Evidence; provided, however, that Buyer shall have no right to object to any of the matters set forth within subsections (a) through (d) of the definition of Permitted Encumbrances. Buyer's failure to notify Seller of any Title Objections with respect to any particular matter within such time period will constitute a waiver of Title Objections with respect to a particular matter. As used herein, the term "Permitted Encumbrance" shall mean (a) the standard printed exclusions from coverage contained in the ALTA form of owner's title policy; (b) all matters, whether or not of record, that arise out of the actions of Buyer or its agents, representatives or contractors; (c) all matters that the Title Company is willing to insure over without additional premium or indemnity from Buyer and that, in the exercise of Buyer's reasonable business judgment, do not have a material adverse impact on the ownership, operation or value of the Property; (d) the lien of real estate taxes, water, sewer, and other public charges not yet due and payable; and (e) all other matters affecting title to the Property as to which Buyer has actual knowledge or is deemed to know as of the Due Diligence Expiration Date, except for those matters as to which, in accordance with this Section 6.2: (i) Buyer makes a written objection on or before the Due Diligence Expiration Date; and (ii) Seller elects to use reasonable efforts to cure.
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Title Objection. (a) As used in this Agreement, the term "Title Objection Period" shall mean a period commencing on the Effective Date and ending at 5:00 p.m. (Irvine, California time) on the date that is ten (10) calendar days after the Effective Date (and in determining such ten (10)-day period, the Effective Date shall not be counted). Purchaser may object to any matter shown on the Survey or any of the exceptions listed in the Title Report by delivery of a written notice ("Purchaser's Title Notice") to Seller prior to the expiration of the Title Objection Period; provided, however, Purchaser may not object to the following:
Title Objection. In the event that Investor elects to terminate this Agreement with respect to a Facility in accordance with, the terms and conditions of Section 4.01(f), then such Facility shall not be (i) contributed to any Welltower Subsidiary on or before the Escrow Date, (ii) included in the Transaction, or (iii) considered one of the Facilities for purposes of this Agreement. Notwithstanding the foregoing, Welltower may include any such Leased Facility so excluded in a Subsequent Closing, so long as the relevant Title Objection is eliminated or modified on or before the date that is ten (10) Business Days prior to such Subsequent Closing.
Title Objection. At least 60 days prior to the scheduled Closing Date, Developer shall cause the Title Company to deliver the Title Commitment to Developer and the City. Developer shall deliver to City at least 50 days prior to the scheduled Closing Date, in writing (the “Title Objection Notice”), any objections to the exceptions to title set forth in the Title Commitment, other than the Permitted Exceptions (each a “Title Objection”, and collectively, hereinafter the “Title Objections”). In addition, upon the issuance of an updated Title Commitment by the Title Company, Developer may provide a Title Objection Notice within five days (5) of receiving the updated Title Commitment. Any such matter not the subject of a timely Title Objection Notice shall be deemed a Permitted Exception. All Title Objections with respect to any portion of the Property shall be deemed waived upon conveyance of the Property to the Developer.
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