Examples of Objectionable Title Matter in a sentence
In the event that Seller elects to attempt to cure such Objectionable Title Matter, Seller shall have until the then scheduled Closing Date to effectuate such cure; provided, however, if Seller elects to attempt to cure an Additional Exception, the Closing Date shall be automatically extended until Seller completes the cure but in no event shall such extension exceed thirty (30) days after the then scheduled Closing Date.
If Buyer does not so elect to terminate this Agreement, the Objectionable Title Matter in question shall then be deemed to be a Permitted Exception.
Except as expressly set forth in the preceding sentence or (with respect to Liens) in Section 4.4(d), Sellers shall not be obligated to cure any Objectionable Title Matter and Buyer shall not be entitled to any reduction in, credit against or deduction from the Purchase Price by reason of any Objectionable Title Matter.
Issuance at Closing of the Title Policy (with Extended Coverage, from title insurers in the jurisdiction where the Hotel is located and if Buyer timely requests such coverage and furnishes the Title Company with the Survey; but, otherwise, the availability of any other endorsement to the Title policy shall not be a condition to Buyer’s obligation to close unless Seller has undertaken in writing to obtain such endorsement to cure an Objectionable Title Matter).
Except as expressly set forth in the preceding sentence or (with respect to Liens) in Section 4.4.4, Seller shall not be obligated to cure any Objectionable Title Matter and Buyer shall not be entitled to any reduction in, credit against or deduction from the Purchase Price by reason of any Objectionable Title Matter.
As contemplated hereunder, whether or not Developer shall have furnished to Seller any notice of title or survey objections pursuant to the foregoing provisions of this Agreement, Developer shall have the right to object (by delivery of written notice to Seller) to any Objectionable Title Matter (not created by, through or under Developer) which affects the Property and arises after the later of (i) the date of the Title Commitment and/or Survey or (ii) a Subsequent Title Commitment, as defined below.
If Buyer gives timely notice of its objection to any Objectionable Title Matter, Seller shall have the opportunity (but not the obligation) for ten (10) days from the date of Buyer’s notice to cure such objection (which cure may include, to the extent expressly consented to by Buyer in its sole discretion, a written undertaking (with collateral, if required) on the part of Seller to cure such objection prior to Closing).
Buyer’s remedy for any Objectionable Title Matter shall be limited to such right of termination unless such Objectionable Title Matter results from an intentional act of Seller that gives Buyer the right to recover monetary damages under Section 21.1 (in which event Buyer shall have the remedies provided in Section 21.1).
Any Objectionable Title Matter to which Buyer waives, or is deemed to waive, its objection, as provided above, shall be deemed to be a Permitted Exception.
At or prior to Closing, Seller shall cause any Lien voluntarily made or assumed by it to be removed and shall cure any Objectionable Title Matter which Seller has agreed to eliminate.