Common use of To Buyer’s Obligations Clause in Contracts

To Buyer’s Obligations. If, at the Closing, (i) Seller is in default of any of its material obligations hereunder, or (ii) any of Seller's material representations or warranties are untrue in any material respect, or (iii) the Closing otherwise fails to occur by reason of Seller's failure or refusal to perform its material obligations hereunder in a prompt and timely manner, Buyer shall have the right, to elect, as its sole and exclusive remedy, to (a) terminate this Agreement by written notice to Seller, immediately after which the Deposit shall be returned to Buyer, or (b) waive the condition and proceed to close the Transaction, or (c) seek specific performance of this Agreement by Seller.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (CBL & Associates Properties Inc), Purchase and Sale Agreement (CBL & Associates Properties Inc)

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To Buyer’s Obligations. If, at the Closing, (i) Seller is in default of any of its material obligations hereunder, or (ii) any of Seller's ’s material representations or warranties are untrue in any material respect, or (iii) the Closing otherwise fails to occur by reason of Seller's ’s failure or refusal to perform its material obligations hereunder in a prompt and timely manner, then Buyer shall have the right, to electmay elect to, as its sole and exclusive remedy, to (a) terminate this Agreement by written notice to Seller, immediately promptly after which the Deposit shall be returned to Buyer, or (b) waive the condition and proceed to close the Transaction, or (c) seek specific performance of this Agreement by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Omni Financial Services, Inc.)

To Buyer’s Obligations. If, at the Closing, (i) Seller is in default of any of its material obligations hereunder, or (ii) any of Seller's material representations or warranties are untrue in any material respect, or (iii) the Closing otherwise fails to occur by reason of Seller's failure or refusal to perform its material obligations hereunder in a prompt and timely manner, Buyer shall have the right, to elect, as its sole and exclusive remedy, to (a) terminate this Agreement by written notice to Seller, immediately promptly after which the Deposit shall be returned to Buyer, or (b) waive the condition and proceed to close the Transaction, or (c) seek specific performance of this Agreement by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)

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To Buyer’s Obligations. If, at on the ClosingClosing Date, (i) Seller is in default of any of its material obligations hereunder, or (ii) any of Seller's material representations or warranties are untrue in any material respect, or (iii) the Closing otherwise fails to occur by reason of Seller's failure or refusal to perform its material obligations hereunder in a prompt and timely manner, Buyer shall have the right, to elect, as its sole and exclusive remedy, to (a) terminate this Agreement by written notice to Seller, immediately promptly after which the Deposit shall be returned to Buyer, or (b) waive the condition and proceed to close the Transaction, or (c) seek specific performance of this Agreement by Seller.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Taubman Centers Inc)

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