Conditions to Close of Escrow. a. Buyer’s obligation to purchase the Property and close Escrow is subject to and conditioned upon the satisfaction of the following conditions on or before the Close of Escrow: i. The Title Company shall be committed to issue the Title Policy to Buyer in accordance with the requirements of Section 9 above; ii. The physical condition of the Property shall not have changed in any material, adverse manner between the end of the Due Diligence Period and the Close of Escrow; iii. The representations and warranties of Seller under Section 7 above shall be true and correct on the Closing Date, and Seller shall not be in material breach of any such representation or warranty given by Seller; iv. Seller shall not otherwise be in default in the performance of any of its material obligations under this Agreement. b. Seller’s obligation to sell the Property and close the Escrow is subject to and conditioned upon the satisfaction of the following conditions on or before the Close of Escrow: i. The representations and warranties of Buyer under Section 8 above shall be true and correct on the Closing Date, and Buyer shall not be in material breach of any such representation or warranty given by Buyer; ii. Buyer shall have deposited into the Escrow all funds required to pay the Purchase Price and Buyer’s share of pro-rations and closing costs; iii. the Title Company shall be committed to issue the Title Policy to Buyer in accordance with the requirements of Section 9 above; and iv. Buyer shall not be in default of any other obligation of Buyer under this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Shopoff Properties Trust, Inc.)
Conditions to Close of Escrow. a. Buyer’s obligation to purchase the Property and close the Escrow is subject to and conditioned upon the satisfaction of the following conditions conditions, on or before the Close of Escrow, as indicated below:
i. The Seller shall have timely delivered to Escrow Holder the items described in Section 11.a. below, together with any and all written third party consents thereto, where indicated, in the Exhibits attached hereto.
ii. Each parcel of Land shall constitute a separate legal parcel, and the Title Company shall be committed to issue the Title Policy for the Land to Buyer in accordance with the requirements of Section 9 above;
ii. The physical condition of the Property shall not have changed in any material, adverse manner between the end of the Due Diligence Period and the Close of Escrow;
iii. The representations and warranties of Seller under Section 7 above shall be true and correct on the Closing Date, and Seller shall not be (or deemed to be) in material breach of any such representation or warranty given by SellerSeller under Section 7 above;
iv. Seller shall not otherwise be in default in the performance of any of its material obligations under this Agreement; and
v. There shall be no material adverse change to the physical condition of the Land from and after the Effective Date.
b. Seller’s obligation to sell the Property and close the Escrow is subject to and conditioned upon the satisfaction of the following conditions on or before the Close of Escrow:
i. The representations and warranties of Buyer under Section 8 above shall be true and correct on the Closing Date, and Buyer shall not be in material breach of any such representation or warranty given by BuyerBuyer under Section 8.a. above;
ii. Buyer shall have timely executed and delivered to Escrow Holder the items described in Section 11.b. below;
iii. Buyer shall have deposited into the Escrow all funds required to pay the Purchase Price and Buyer’s share of pro-rations and closing costs;
iiiiv. Each parcel of Land shall constitute a separate legal parcel, and the Title Company shall be committed to issue the Title Policy for the Land to Buyer in accordance with the requirements of Section 9 above; and
iv. v. Buyer shall not be in default breach of any other material obligation of Buyer under this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Shopoff Properties Trust, Inc.)
Conditions to Close of Escrow. a. Buyer’s obligation to purchase the Property and close Escrow is subject to and conditioned upon the satisfaction of the following conditions on or before the Close of Escrow:
i. The Title Company shall be committed to issue the Title Policy to Buyer in accordance with the requirements of Section 9 above;
ii. The physical condition of the Property shall not have changed in any material, adverse manner between the end of the Due Diligence Period Effective Date and the Close of Escrow;
iii. The representations and warranties of Seller under Section 7 above shall be true and correct on the Closing Date, and Seller shall not be in material breach of any such representation or warranty given by Seller;
iv. Seller shall not otherwise be in default in the performance of any of its material obligations under this Agreement.
b. Seller’s obligation to sell the Property and close the Escrow is subject to and conditioned upon the satisfaction of the following conditions on or before the Close of Escrow:
i. The representations and warranties of Buyer under Section 8 above shall be true and correct on the Closing Date, and Buyer shall not be in material breach of any such representation or warranty given by Buyer;
ii. Buyer shall have deposited into the Escrow all funds required to pay the Purchase Price and Buyer’s share of pro-rations and closing costs;
iii. the Title Company shall be committed to issue the Title Policy to Buyer in accordance with the requirements of Section 9 above; and
iv. Buyer shall not be in default of any other obligation of Buyer under this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Shopoff Properties Trust, Inc.)