Escrow and Closing. 8.1 Upon acceptance hereof by Seller, this Agreement, including any counter-offers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions restating or amending the Agreement unless specifically so instructed by the Parties or a Broker herein. Subject to the reasonable approval of the Parties, Escrow Holder may, however, include its standard general escrow provisions.
8.2 As soon as practical after the receipt of this Agreement and any relevant counter-offers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the Parties and Brokers, in writing, of the date ascertained.
8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail.
8.4 Subject to satisfaction of the contingencies herein described, Xxxxxx Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement.
8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protection policy of title insurance.
8.6 Escrow Holder shall verify that all of Xxxxx's contingencies have been satisfied or waived prior to Closing. The matters contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 9.5, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, matters of agreement between the Parties only and in no way constitute instructions to Escrow Holder.
8.7 If this transaction is terminated for non-satisfaction and non-waiver of a Buyer's Contingency, as defined in paragraph 9.2, then neither of the Parties shall thereafter have any liability to th...
Escrow and Closing. 21 5.1 Escrow........................................................................................21 5.1.1 Opening of Escrow....................................................................21 5.1.2 Escrow Instructions..................................................................22 5.1.3 Closing..............................................................................22 5.1.4 Closing Date.........................................................................22 5.2 Conditions Precedent to the Closing for the Benefit of CBL/OP.................................22 5.2.1 Intentionally omitted................................................................22 5.2.2 Intentionally omitted................................................................22 5.2.3 Property Owner's and Contributors' Deliveries........................................22
Escrow and Closing. On the date hereof the Parties will execute and deliver to the Escrow Agent, at its offices at 0000 Xxx Xxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X., 00000 at 10:00 a.m., to hold in escrow in accordance with the provisions of the Escrow Closing Agreement, this Agreement and the certificates and other contracts, documents and instruments required to be delivered by the Parties under Articles 7 and 8. The transfer and delivery of the Purchased Interests to the Purchasers, and transfer of the Purchase Price to the Sellers will take place on the Closing Date in accordance with the provisions of the Escrow Closing Agreement.
Escrow and Closing. 8.1 Upon acceptance hereof by Seller, this Agreement, including any counter-offers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions restating or amending this Agreement unless specifically so instructed by the Parties of a Broker herein.
8.2 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law, custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail.
8.3 Subject to satisfaction of the contingencies herein described, Escrxx Xxxder shall close this escrow (the "Closing") by recording the grant deed and other documents required to be recorded and by disbursing the funds and documents in accordance with this Agreement.
8.4 If this transaction is terminated for non-satisfaction and non-waiver of a Buyer's Contingency, s defined in paragraph 9.4, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of the breach of any affirmative covenant or warranty in this Agreement that may have been involved. In the event of such termination, Buyer shall be promptly refunded all funds deposited by or on behalf of Buyer with a Broker, Escrow Holder or Seller, less only Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation.
8.5 The Closing shall occur on the Expected Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and the Expected Closing Date is not extended by mutual instructions of the Parties, a Party hereto not then in default under this Agreement may notify the other Party, Escrow Holder, and Broker(s), in writing that, unless the Closing occurs within five (5) business days following said notice, the Escrow and this Agreement shall be deemed terminated without further notice or instructions.
8.6 Should the Closing not occur during said five (5) day period, ...
Escrow and Closing. An escrow shall be opened with Mxxxxxx & Dxxxxx Law Office, of Sabetha, Kansas upon exercise of the Option. All necessary documents shall be delivered to the Escrow Agent and all payments required hereunder, including payment of the balance of the purchase price, shall be made to escrow agent in accordance with the Contract. Seller and Purchaser shall execute such escrow instructions, not inconsistent with the terms of this Option, as may be requested by the escrow agent from time to time. Closing shall occur in accordance with the terms of the Contract and delivery of possession as set out therein.
Escrow and Closing. The Purchaser and the Seller appoint Xxxxxx Xxxxxxxxx, Attorney at Law to serve as Escrow Agent for the Closing of this Agreement. The Escrow and the Closing of this Agreement shall be as follows:
Escrow and Closing. 7.1 Seller and Buyer agree to use commercially reasonable efforts to perform with reasonable dispatch the acts to be done by each of them to satisfy the conditions precedent to the Closing.
(a) Concurrently with the execution of this Contract and the deposit of the sum set forth in 1.1(b)(i), each party shall execute such separate escrow instructions with Escrowee as may be required by Escrowee for the administration of the Deposit (as provided in 10) and as are consistent with the terms of this Contract.
(b) On or before the business day before the date of Closing, Seller and Buyer shall complete, execute and deposit into escrow the amounts, instruments and documents described in 1.1(b), 7.3 and 7.4, execute their respective Closing escrow instructions to Escrowee and advise Escrowee of the prorations and credits for all items referred to in 1.1(b) and 8, except Escrowee shall prorate real estate taxes and allocate the costs of the title insurance premiums and other closing costs as provided in this Contract. Xxxx Lakes Sale Contract Final July 20, 2015
(c) Buyer shall deposit immediately available funds required to complete the Closing in form ready for wiring by Escrowee by the opening of business on the date of Closing. Escrowee shall complete Closing by recording and delivering the deposited documents and distributing the funds in accordance with the escrow instructions.
7.3 Seller shall deliver the following:
(a) A limited warranty deed, substantially in the form of Schedule 7.3(a), conveying Good Title to the Premises to Buyer subject to Permitted Encumbrances and other matters of record, executed in form for recording.
(b) An assignment, substantially in the form of Schedule 7.3(b), of Seller's rights under (x) the Leases and Service Contracts to be assigned pursuant to this Contract (y) to the extent assignable, the governmental permits, licenses and certificates relating to the Premises, the warranties and guarantees of contractors and manufacturers, and all marketing, advertising, promotional material and photographs therefor; and at the Premises the documents in Seller's possession relating to each of the foregoing.
(c) A rent roll for the Premises (the "Rent Roll"), in the same form as Schedule 3.1(d), dated no earlier than three (3) days before Closing, and the lease records.
(d) An affidavit containing the information required by Section 1445 of the Internal Revenue Code to establish that Seller is not a foreign person for purposes of that S...
Escrow and Closing. 9.1 Deposit With Escrow Holder and Escrow Instructions. Escrow hereunder (the "Escrow") shall be established with Escrow Holder at 000 Xxxx 0xx Xxxxxx, 0xx Xxxxx, Xxx Xxxxxxx, Xxxxxxxxxx, 00000, Attention: Xxx Xxxxxx. Upon execution of this Agreement, the parties shall deposit an executed copy of this Agreement with Escrow Holder. This Agreement shall serve as the instructions to Escrow Holder to consummate the purchase and sale contemplated hereby. Seller and Buyer agree to execute such additional and supplementary escrow instructions as are consistent with this Agreement and as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement. If there is any conflict between the provisions of this Agreement and any additional or supplementary escrow instructions, however, the terms of this Agreement shall control.
Escrow and Closing. 21
9.1 Deposit With Escrow Holder and Escrow Instructions. 21 9.2
Escrow and Closing. 10- Section 6.1 Escrow Arrangements.......................................-10- Section 6.2 Closing...................................................-12- Section 6.3 Prorations................................................-12- Section 6.4 Other Closing Costs.......................................-13- Section 6.5
