Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions precedent, any one or more of which may be waived by Seller in writing:
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:
Conditions Precedent to the Obligation of Seller to Close. 9 9.01 Representations, Warranties and Covenants 9
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell the applicable Aircraft pursuant to this Agreement is subject to the fulfillment on or prior to the applicable Closing of the following conditions, any one or more of which may be waived by it in writing:
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to assign the Assigned Property to Purchaser pursuant to this Agreement and the Purchase Agreement Assignment is subject to the fulfillment on or prior to Delivery of the following conditions, any one or more of which may be waived by Seller in writing:
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell the Property or to otherwise effect the transactions contemplated by this Agreement on the Closing Date is subject, at the option of Seller, to the satisfaction or fulfillment, on or prior to the Closing Date, of all the following conditions precedent to the Closing.
Conditions Precedent to the Obligation of Seller to Close. 23 8.1 Accuracy of Representations and Warranties. 23 TABLE OF CONTENTS (cont’d) Page 8.2 Performance of Agreements 24 8.3 Delivery of Closing Documents. 24 ARTICLE IX CLOSING 24 9.1 Closing Date and Place. 24 9.2 Deliveries of Seller 24 9.3 Deliveries of Buyer 26 9.4 Closing Costs 26 ARTICLE X INDEMNIFICATION 26 10.1 General 26 10.2 Indemnification by Seller 27 10.3 Indemnification by Buyer 27 10.4 Administration of Indemnification 27 ARTICLE XI DEFAULT AND TERMINATION 29 11.1 Right of Termination 29 11.2 Remedies upon Default. 29 11.3 Specific Performance 30 11.4 Obligations Upon Termination 30 11.5 Termination Notice 30 11.6 Sole and Exclusive Remedy 30 ARTICLE XII MISCELLANEOUS 31 12.1 Further Actions 31 12.2 Notices 31 12.3 Entire Agreement 32 12.4 Binding Effect; Benefits 32 12.5 Assignment 32 12.6 Governing Law 32 12.7 Amendments and Waivers 33 12.8 Joint and Several 33 12.9 Severability 33 12.10 Headings 33 12.11 Counterparts 33 12.12 References 33 12.13 Seller Disclosure Letter 33 12.14 Attorneys’ Fees 33 12.15 Section 1031 Exchange/Tax Planning 34 12.16 Casualty 34 12.17 Condemnation 34 12.18 Radon Gas 35 12.19 Limited Liability 35 12.20 Survival of Defined Terms 35 12.21 Time of Essence 35 TABLE OF CONTENTS (cont’d) Page
Conditions Precedent to the Obligation of Seller to Close. Seller’s obligation to consummate the transactions contemplated by this Agreement is subject to the satisfaction or waiver, at or prior to the Closing, of each of the following conditions: [Different first page setting changed from on in original to off in modified.]. [Link-to-previous setting changed from off in original to on in modified.].
Conditions Precedent to the Obligation of Seller to Close. 11.1 Accuracy of Representations 56 11.2 Approval and Vesting Order in Effect 56 11.3 Buyer's Performance 56 11.4 No Order 56 11.5 Buyer's Deliveries 56 ARTICLE XII TERMINATION 12.1 Termination Events 57 12.2 Effect of Termination 59 12.3 Disposition of Deposit and the Escrow Agreement 59 12.4 Termination for Default of Deposit 60 ARTICLE XIII
Conditions Precedent to the Obligation of Seller to Close. 20 8.1 Accuracy of Representations and Warranties. 20 8.2 Performance of Agreements 20 8.3 Delivery of Closing Documents 20 8.4 Mortgage Release 20 ARTICLE IX CLOSING 20 9.1 Closing Date and Place 20 9.2 Deliveries of Seller 20 9.3 Deliveries of Buyer 21 9.4 Closing Costs 21 ARTICLE X INDEMNIFICATION 23 10.1 General 23 10.2 Indemnification by Seller 23 10.3 Indemnification by Buyer 23 10.4 Administration of Indemnification 23
