ADVANCE NOTICES. 7.7.1 The Seller will apply to the Keeper for an Advance Notice for the Assignation, in the form adjusted with the Purchaser, to be either (i) entered on the application record for the Property or (ii) recorded in the Register of Sasines, no earlier than 5 Working Days prior to the Date of Entry. The cost of the Advance Notice for the Assignation will be met by the Seller. 7.7.2 The Seller consents to the Purchaser applying to the Keeper for Advance Notices for any deeds which the Purchaser intends to grant in relation to the Property. The cost of any Advance Notices which the Purchaser applies for will be met by the Purchaser. 7.7.3 If the Seller rescinds the Missives in the circumstances set out in Clause 2.3 (Cancellation of Sale) the Purchaser consents to the discharge of the Advance Notice for the Assignation and the Purchaser confirms that it will immediately discharge at its own cost any Advance Notice submitted by it if requested to do so by the Seller. 7.7.4 If Completion is likely to occur after the Date of Entry, the Seller, if requested to do so by the Purchaser, will apply for a further Advance Notice for the Assignation, in the form adjusted with the Purchaser, and the cost of any additional Advance Notices will be met: (i) by the Seller, if the delay in settlement is due to any failure or breach by or on behalf of the Seller to implement its obligations under the Missives on time; or (ii) by the Purchaser, if the delay in settlement is due to any failure or breach by or on behalf of the Purchaser to implement its obligations under the Missives on time. 7.7.5 The Seller's Solicitors will not provide any letter of obligation which undertakes to clear the records of any deed, decree or diligence.
Appears in 1 contract
Sources: Ground Lease Agreement (American Realty Capital Global Trust II, Inc.)
ADVANCE NOTICES. 7.7.1 5.4.1 The Seller Contributor will apply (with consent, if required, under Clause 57(2) of the 2012 Act) to the Keeper for an Advance Notice for the AssignationDisposition, in the form adjusted with the PurchaserFC Parties, to be either (i) entered on the application record for the Contributed Property or (ii) recorded in the Register of Sasines, Sasines no earlier than 5 Working Business Days prior to the Date of EntryCompletion. The cost of the Advance Notice for the Assignation Disposition will be met by the SellerContributor.
7.7.2 5.4.2 The Seller Contributor consents (or will procure consent, if required, under Clause 57(2) of the 2012 Act) to the Purchaser Disponee applying to the Keeper for Advance Notices for any deeds which the Purchaser Disponee intends to grant in relation to the Contributed Property. The cost of any Advance Notices which the Purchaser Disponee applies for will be met by the PurchaserFC Parties.
7.7.3 If the Seller rescinds the Missives in the circumstances set out in Clause 2.3 (Cancellation of Sale) the Purchaser consents to the discharge of the Advance Notice for the Assignation and the Purchaser confirms that it will immediately discharge at its own cost any Advance Notice submitted by it if requested to do so by the Seller.
7.7.4 5.4.3 If Completion is likely to occur after the Delivery Date of Entry(Disposition), the SellerContributor, if requested to do so by the PurchaserDisponee, will apply for a further Advance Notice for the AssignationDisposition, in the form adjusted with the PurchaserDisponee, and the cost of any additional Advance Notices will be met:met:-
(ia) by the SellerContributor, if the delay in settlement is due to any failure or breach by or on behalf of the Seller Contributor to implement its obligations under the Missives Disposition Conditions on time; or
(iib) by the PurchaserFC Parties, if the delay in settlement is due to any failure or breach by or on behalf of the Purchaser FC Parties to implement its their obligations under the Missives Disposition Conditions on time.
7.7.5 5.4.4 The Seller's Contributor’s Solicitors will not provide any letter of obligation which undertakes to clear the records of any deed, decree or diligence.
Appears in 1 contract
Sources: Contribution Agreement (First Capital Real Estate Trust Inc)