Material Defaults. Subject to the provisions regarding material default in Sections 2.1.2, 3.1.2, 3.1.3, 4.4.17, 7.1.1, 7.1.2 and 7.2.2, notwithstanding anything herein to the contrary, in the event that this Agreement is terminated and at the time of such termination both Purchaser and either or both Seller(s) are in material default hereunder, (a) if Purchaser was in material default before Sellers or the applicable Seller, Sellers shall retain the E▇▇▇▇▇▇ Money in accordance with the applicable terms of this Agreement, or (b) if the Seller or Sellers were in material default before Purchaser, the E▇▇▇▇▇▇ Money shall be returned to Purchaser in accordance with the applicable terms of this Agreement.
Appears in 1 contract
Sources: Real Estate Sale Agreement (American Realty Capital Hospitality Trust, Inc.)
Material Defaults. Subject to the provisions regarding material default in Sections 2.1.2, 3.1.2, 3.1.3, 4.4.17, 7.1.1, 7.1.2 and 7.2.2, notwithstanding anything herein to the contrary, in the event that this Agreement is terminated and at the time of such termination both Purchaser and either or both Seller(s) are in material default hereunder, (a) if Purchaser was in material default before Sellers or the applicable Seller, Sellers shall retain the E▇▇▇▇▇▇▇ Money in accordance with the applicable terms of this Agreement, or (b) if the Seller or Sellers were in material default before Purchaser, the E▇▇▇▇▇▇▇ Money shall be returned to Purchaser in accordance with the applicable terms of this Agreement.
Appears in 1 contract
Sources: Real Estate Sale Agreement (W2007 Grace Acquisition I Inc)
Material Defaults. Subject to the provisions regarding material default in Sections 2.1.22.4.2, 2.6.2, 2.6.3, 3.1.2, 3.1.3, 4.4.175.2, 7.1.1, 7.1.2 13.1 and 7.2.213.5.1, notwithstanding anything herein to the contrary, in the event that this Agreement is terminated and at the time of such termination both Purchaser and either or both Seller(s) are in material default hereunder, (a) if Purchaser was in material default before Sellers or the applicable Seller, Sellers shall retain the E▇▇▇▇▇▇▇ Money in accordance with the applicable terms of this Agreement, or (b) if the Seller or Sellers were in material default before Purchaser, the E▇▇▇▇▇▇▇ Money shall be returned to Purchaser in accordance with the applicable terms of this Agreement.
Appears in 1 contract
Sources: Real Estate Sale Agreement (American Realty Capital Hospitality Trust, Inc.)