Purchase Price and Method of Payment. 4.1 The Purchase Price of the Property shall be the amount stated in paragraph 4.2 The Purchaser shall pay the Attorneys the Reservation Deposit as stated in paragraph D2 of the Information Schedule on signature of this Agreement, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 28 of 2014), to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement. 4.3 The Purchaser shall pay the Attorneys the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.3 shall constitute authority to the Attorneys, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 28 of 2014), to invest the deposit. 4.4 The Balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, shall be paid to the Seller on the Transfer Date. 4.5 Within 30 days after Signature Date, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance of the Purchase Price of the Property. 4.6 Alternatively to 4.5 above, the Purchaser shall be entitled to pay into the trust account of the Attorneys the Balance of the Purchase Price of the Property, to be held by such Attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls due. 4.7 The Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation or Trust documentation as the case may be. 4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished to the Attorneys.
Appears in 2 contracts
Sources: Deed of Sale, Land Sale Agreement
Purchase Price and Method of Payment. 4.1 The Purchase Price Total purchase price of the Property property shall be the amount stated in paragraphparagraph E1 of the Information Schedule regardless of the final extent of the property as reflected on the site diagram attached marked “Annexure A”.
4.2 The Purchaser shall pay the Attorneys Seller’s attorneys the Reservation Deposit deposit for the property as stated in paragraph D2 E2 of the Information Schedule on signature of this Agreementagreement by the Purchaser, which deposit shall be held in trust by the Attorneys Seller’s attorneys and invested in an interest bearing account in accordance with the provisions of section Section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(478(2A) of the Legal Practice Attorneys Act, 2014(Act No. 28 of 2014), to invest the deposit. The Reservation Deposit will be used by deposit for the benefit of Purchaser towards the payment pending registration of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreementtransfer.
4.3 The Seller will not be bound to the Purchaser shall pay in terms of this agreement until such time as the Attorneys the Deposit as stated deposit referred to in paragraph D3 E2 has been paid to the Sellers attorneys trust account referred to in paragraph 4.2 above. The Seller shall be entitled to accept further offers acceptable to the Seller, until such time that written confirmation is given to the Seller or his attorneys by the Purchaser confirming the payment of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held as provided for in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.3 shall constitute authority In the event of the Seller accepting an offer to purchase the property on terms and conditions acceptable to the AttorneysSeller prior to receipt of such written notification, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 28 of 2014), to invest the depositthis agreement shall be deemed ipso facto null and void.
4.4 The Balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, shall be paid to the Seller on the Transfer Date.
4.5 Within 30 21 (twenty one) days after Signature Datesignature of this agreement, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price purchase price of the Propertyproperty as referred to in clause E4 of the Information Schedule, or in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the property in the amount recorded in clause E3 of the Information Schedule, within 21 (twenty one) days of securing a mortgage bond as provided for in clause 16.1 hereunder.
4.6 Alternatively 4.5 Or alternatively to 4.5 the delivery of the guarantee referred to in clause 4.4 above, the Purchaser shall be entitled to within the same time periods as provided for in the aforesaid clause, pay into the trust account of the Attorneys attorneys, the Balance balance of the Purchase Price purchase price of the Propertyproperty as referred to in clause E4 of the Information Schedule, to be held by such Attorneys attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls duedue to the Seller. The Purchaser hereby irrevocably authorises the attorneys to release from the funds so received, the payments due to the Seller in terms of the provisions of this agreement.
4.6 The Seller, at its sole discretion may elect to extend the periods as mentioned in clause 4.4 and/or 4.5 above.
4.7 The All amounts payable by the Purchaser hereby undertakes in terms of this agreement shall be paid to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 Seller’s attorneys free of 2001 requirements, which information shall include, but not be limited to, proof bank charges or commission at Cape Town and without deduction or set off by means of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents a bank guaranteed cheque or company, close corporation or Trust documentation as the case may bea cheque drawn by a registered South African commercial bank.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can Total Purchase Price of the property as recorded in clause E1 of the Information Schedule shall be invested as provided for herein until such time as the information required in terms of 4.7 is furnished paid to the AttorneysSeller on date of registration of transfer.
Appears in 2 contracts
Sources: Deed of Sale, Deed of Sale
Purchase Price and Method of Payment. 4.1 The Purchase Price of the Property shall be the amount stated in paragraph
4.2 The Construction Price payable for the Dwelling to be erected on the Property shall be the sum referred to in paragraph E2 of the Information Schedule.
4.3 The Purchaser shall pay the Attorneys the Reservation Deposit as stated in paragraph D2 E4 of the Information Schedule on signature of this Agreement, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.2 4.3 shall constitute authority to the Conveyancers, in terms of Section 86(478(2A) of the Legal Practice Attorneys Act, 2014(Act No. 28 of 2014), to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 4.4 The Purchaser shall pay the Attorneys the Deposit as stated in paragraph D3 E5 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.3 4.4 shall constitute authority to the AttorneysConveyancers, in terms of Section 86(478(2A) of the Legal Practice Attorneys Act, 2014(Act No. 28 of 2014), to invest the deposit.
4.4 4.5 The Balance balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, Property shall be paid to the Seller on the Transfer Date.
4.5 4.6 Within 30 days after Signature Date, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price of the Property.
4.6 4.7 Alternatively to 4.5 4.6 above, the Purchaser shall be entitled to pay into the trust account of the Attorneys the Balance balance of the Purchase Price of the Property, to be held by such Attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls due.
4.7 4.8 The Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation or Trust documentation as the case may be.
4.8 4.9 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 4.8 is furnished to the Attorneys.
Appears in 1 contract
Sources: Land Sale Agreement
Purchase Price and Method of Payment. 4.1 The Purchase Price Total purchase price of the Property property shall be the amount stated in paragraphparagraph E1 of the Information Schedule regardless of the final extent of the property as reflected on the site diagram attached marked “Annexure A”.
4.2 The Purchaser shall pay the Attorneys Seller’s attorneys the Reservation Deposit deposit for the property as stated in paragraph D2 E2 of the Information Schedule on signature of this Agreement, which agreement by the Purchaser. The deposit shall be held in trust by the Attorneys and invested Seller’s attorneys in an interest a trust savings account or other interest-bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest which contains a reference to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 2014 (Act 28 of 2014), to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 The Purchaser shall pay the Attorneys the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The Purchaser pending registration of transfer subject to the provisions of this clause 4.3 shall constitute authority to the Attorneys, in terms of Section 86(4section 86(5) of the Legal Practice Act, 2014(Act Act No. 28 of 2014), which stipulates that 5% of the interest which accrues on such investment must be paid over to invest the depositLegal Practitioners Fidelity Fund and vests in said fund. Seller’s attorneys will be entitled to levy a monthly administration fee of 8% of the net interest earned on the investment plus VAT thereon. The funds can only be invested for the Purchaser’s benefit once the Purchaser has provided the Seller’s attorneys with proof of payment, the required FICA and, if applicable, FATCA documents.
4.3 The Seller will not be bound to the Purchaser in terms of this agreement until such time as the deposit referred to in paragraph E2 has been paid to the Sellers attorneys trust account referred to in paragraph 4.2 above. The Seller shall be entitled to accept further offers acceptable to the Seller, until such time that written confirmation is given to the Seller or his attorneys by the Purchaser confirming the payment of the deposit as provided for in this clause 4.3 In the event of the Seller accepting an offer to purchase the property on terms and conditions acceptable to the Seller prior to receipt of such written notification, this agreement shall be deemed ipso facto null and void.
4.4 The Balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, shall be paid to the Seller on the Transfer Date.
4.5 Within 30 21 (twenty one) days after Signature Datesignature of this agreement, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price purchase price of the Propertyproperty as referred to in clause E4 of the Information Schedule, or in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the property in the amount recorded in clause E3 of the Information Schedule, within 21 (twenty one) days of securing a mortgage bond as provided for in clause 12 hereunder.
4.6 Alternatively 4.5 Or alternatively to 4.5 the delivery of the guarantee referred to in Clause 4.4 above, the Purchaser shall be entitled to within the same time periods as provided for in the aforesaid clause, pay into the trust account of the Attorneys attorneys, the Balance balance of the purchase price of the property as referred to in clause E4 of the Information Schedule, which amount shall be held in trust by the Seller’s attorneys in a trust savings account or other interest- bearing account which contains a reference to Section 86(4) of the Legal Practice Act, 2014 (Act 28 of 2014) with interest to accrue to the Purchaser pending registration of transfer subject to the provisions of section 86(5) of the Legal Practice Act No. 28 of 2014, which stipulates that 5% of the interest which accrues on such investment must be paid over to the Legal Practitioners Fidelity Fund and vests in said fund. Seller’s attorneys will be entitled to levy a monthly administration fee of 8% of the net interest earned on the investment plus VAT thereon. The funds can only be invested for the Purchaser’s benefit once the Purchaser has provided the Seller’s attorneys with proof of payment, the required FICA and, if applicable, FATCA documents.The Purchaser hereby irrevocably authorises the attorneys to release from the funds so received the payments due to the Seller in terms of the provisions of this agreement.
4.6 The Seller, at its sole discretion may elect to extend the periods as mentioned in clause 4.4 and/or 4.5 above.
4.7 All amounts payable by the Purchaser in terms of this agreement shall be paid to the Seller’s attorneys free of bank charges or commission at Cape Town and without deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank.
4.8 The Total Purchase Price of the Property, to be held by such Attorneys property as recorded in an interest bearing trust account, interest to accrue for the benefit clause E1 of the Purchaser until the date upon which payment of the relevant amount falls due.
4.7 The Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information Information Schedule shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation or Trust documentation as the case may be.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished paid to the AttorneysSeller on date of registration of transfer.
Appears in 1 contract
Sources: Deed of Sale
Purchase Price and Method of Payment. 4.1 The Purchase Price of the Property shall be the amount stated in paragraphparagraph E1 of the Information Schedule regardless of the final extent of the Property as reflected on the draft Subdivisional Plan attached marked Annexure ”B” .
4.2 The Construction Price payable for the Dwelling to be erected on the Property shall be the sum referred to in paragraph E2 of the Information Schedule.
4.3 The Purchaser shall pay the Attorneys Seller’s attorneys the Reservation Deposit as stated in paragraph D2 E4 of the Information Schedule on within 7 (seven) days of signature of this Agreement, which agreement. Such deposit shall be held in trust by the Attorneys Seller’s attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amendedin s86(4) with interest to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(4and s86(5) of the Legal Practice Act, 2014(Act No. Act 28 of 2014), with 5% of the interest accrued to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 The Purchaser shall pay paid to the Attorneys Fidelity Fund, and the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall balance thereof to be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue paid to the Purchaserpurchaser. The provisions of this clause 4.3 shall constitute authority to the Attorneys, Conveyancers to invest the deposit in terms of Section 86(4) and 86(5) of the Legal Practice Act, 2014(Act No. Act 28 of 2014), to invest the deposit.
4.4 The Balance balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, Property shall be paid to the Seller on the Transfer Datetransfer date.
4.5 Within 30 21 (twenty one) days after Signature Datesignature of this agreement, the Purchaser shall furnish the Seller Seller/Builder with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price purchase price of the PropertyProperty and for payment of the Construction price for the Dwelling or, in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the Property and for the Construction of the Dwelling then, within 21 (twenty one) days of securing a mortgage bond as provided for in 8.1 hereunder.
4.6 Alternatively to 4.5 above, the Purchaser shall be entitled to pay into the trust account of the Attorneys Seller’s attorneys the Balance balance of the Purchase Price purchase price of the Property, to be held by such Attorneys attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls duedue to the Seller/Builder. Should the Purchaser elect to deposit the relevant amounts with the attorneys as contemplated aforesaid, the Purchaser shall irrevocably authorise the attorneys to release from the funds so received the payments due to the Seller/Builder in terms of the provisions of this agreement.
4.7 The Purchaser hereby undertakes to provide the Attorneys Seller’s attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation Company or Trust documentation as the case may be.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished to the AttorneysSeller’s attorneys.
4.9 All amounts payable by the Purchaser in terms of this agreement shall be paid to the Seller’s attorneys free of bank charges or commission at Cape Town and without deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank.
Appears in 1 contract
Sources: Deed of Sale
Purchase Price and Method of Payment. 4.1 The Upon receipt of a Notice of Exercise of a Right, the Purchase Price for the Metron Securities subject to the Right that has been exercised shall be calculated as provided in Section 7.7 and following such calculation, payment thereof shall be made in cash or by certified cashier's check as follows:
(a) in the event of ▇▇▇▇▇'▇ death, if the ▇▇▇▇▇ Policy is in force and effect as provided in Section 7.3(a), the Purchase Price shall be paid in full at Closing;
(b) in the event the Company terminates its Right and one or both Transferees elects to fulfill the Company's obligations as provided in Section 7.1, the Purchase Price for the Metron Securities to be acquired by the Transferee(s) due to the terminated Right shall be paid in full at Closing;
(c) in the event the Company, either by itself or in conjunction with one or both Transferees, exercises a Right of First Refusal, the Purchase Price for the Metron Securities subject to the Proposed Disposition for Value shall be paid at Closing in the manner provided for in the Notice of Proposed Disposition for Value (or such other terms no less favorable to the Significant Shareholder as shall have been agreed to in writing by such Shareholder);
(d) in the event either or both of the Property shall be Transferees exercise the amount stated in paragraph
4.2 The Purchaser shall pay the Attorneys the Reservation Deposit as stated in paragraph D2 of the Information Schedule on signature of this Agreement, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with Transferee Call Right pursuant to the provisions of section 26 of Section 4.1, the Alienation of Land Act No 68 of 1981 Purchase Price shall be paid in full at Closing;
(as amendede) in all other instances, with interest respect to accrue to a particular Right the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 28 of 2014), to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 The Purchaser Company shall pay the Attorneys the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.3 shall constitute authority to the Attorneys, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 28 of 2014), to invest the deposit.
4.4 The Balance much of the Purchase Price and interest with respect to an exercised Right as possible up to the amount of the PropertyAnnual Cap less any payments previously made under this Agreement during such fiscal year and adjusted pro rata for payments (including interest) to be made to other Exercising Parties and Non-Exercising Parties with respect to whom a Notice of Exercise of a Right has been made prior to the Closing Date as to such Right. The pro rata adjustment shall be based upon the percentage of the total amount to be paid by the Company pursuant to the Annual Cap represented by the amount that (x) the Purchase Price and interest payable as a consequence of the valid exercise of a particular Right bears to (y) the amount which is equal to the Purchase Price and interest payable as a consequence of the valid exercise of all Rights for which a Notice of Exercise of a Right has been made or received by the Company prior to the Closing as to such Right minus the amount if any previously paid by the Company with respect to such Right(s) during that fiscal year.
(f) in the event that due to the limitations imposed by the provisions of Section 7.6(e), the Company has not paid in full the Purchase Price for all Metron Securities for which a Right has been exercised, then during the following fiscal year, the Company shall pay for as many of the Metron Securities subject to such Right as is permitted under this subsection; provided that such payments (including interest) shall not be made until after the Annual Cap has been calculated as provided in Section 7.7, and such payments shall be limited to the amount of the Annual Cap, and adjusted pro rata as follows. The pro rata adjustment shall be based upon the percentage of the total amount to be paid by the Company pursuant to the Annual Cap represented by the amount that (x) the Purchase Price and interest remaining unpaid as to a particular Right, as stated in paragraph D5 of the Information Scheduleday preceding the calculation of the Annual Cap bears to (y) the amount which is equal to the Purchase Price and interest for all Rights for which a Notice of Exercise of a Right has been made or received by the Company as of such date minus the amount, if any, previously paid by the Company with respect to such Right(s) as of the same date.
(g) in the event that due to the limitations imposed by the provisions of Sections 7.6(e) and (f), the Company has not paid in full the Purchase Price for all Metron Securities for which a Right has been exercised, then during the fiscal year following the fiscal year referenced in Section 7.6(f), the Company shall pay for as many of the Metron Securities subject to such Right as is permitted under this subsection; provided that such payments (including interest) shall not be made until after the Annual Cap has been calculated as provided in Section 7.7, and such payments shall be limited to the amount of the Annual Cap, and adjusted pro rata as follows. The pro rata adjustment shall be based upon the percentage of the total amount to be paid by the Company pursuant to the Annual Cap represented by the amount that (x) the Purchase Price and interest remaining unpaid as to a particular Right as of the day preceding the calculation of the Annual Cap bears to (y) the amount which is equal to the Purchase Price and interest for all Rights for which a Notice of Exercise of a Right has been made or received by the Company as of such date minus the amount, if any, previously paid by the Company with respect to such Right(s) as of the same date.
(h) Notwithstanding the provisions of Section 7.6(g), to the extent that payment for Metron Securities for which a Right has been exercised has not been made in full, then as of the third anniversary of the Notice Date for the exercise of the Right with respect to such Metron Securities any and all amounts of the Purchase Price remaining outstanding, including interest as provided in Section 7.6(i) below, shall be paid to as of such third anniversary date. Any and all such payments, however, shall be included in determining the Seller on Annual Cap for any Right that has been exercised, has not been paid in full and for which not more than three (3) full years have elapsed since the Transfer DateNotice Date for such Right.
4.5 Within 30 days after Signature Date(i) Except as provided otherwise herein, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance all payments of the Purchase Price for any Metron Securities with respect to the exercise of a Right shall bear interest at LIBOR, until paid in full, commencing as of the Propertydate of the Triggering Event to which the transfer relates, with LIBOR adjusted annually as of the date of such Triggering Event until such amount has been paid in full; provided, however that interest shall not be compounded: and provided further that in the case of the exercise of a Put Right with respect to Option Shares interest shall be calculated commencing as of the Notice Date of the exercise of such Right instead of the date of the Triggering Event to which the Notice of Exercise relates. Purchase Price payments for the Metron Securities of any Significant Shareholder acquired pursuant to exercise of the Company Call Right or the Transferee Call Right or for Metron Securities acquired pursuant to a Put Right exercised upon Jaensch's or ▇▇▇▇▇▇-Prinsep's voluntary termination of employment shall not bear interest.
4.6 Alternatively to 4.5 above(j) In the event of a Qualified Initial Public Offering or an acquisition of 50% or more of the then outstanding shares in the share capital of the Company (other than shares that have been repurchased by and are held by the Company), the Purchaser shall be entitled to pay into the trust account of the Attorneys the Balance unpaid portion of the Purchase Price of the Property, to be held by such Attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls dueMetron Securities subject to a previously exercised Right shall become due and payable within ten (10) days thereafter.
4.7 The Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation or Trust documentation as the case may be.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished to the Attorneys.
Appears in 1 contract
Purchase Price and Method of Payment. 4.1 The Purchase Price of the Property shall be the amount stated in paragraph
4.2 The Purchaser shall pay the Attorneys the Reservation Deposit as stated in paragraph D2 of the Information Schedule on signature of this Agreement, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(478(2A) of the Legal Practice Attorneys Act, 2014(Act No. 28 of 2014), to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 The Purchaser shall pay the Attorneys the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.3 shall constitute authority to the AttorneysConveyancers, in terms of Section 86(478(2A) of the Legal Practice Attorneys Act, 2014(Act No. 28 of 2014), to invest the deposit.
4.4 The Balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, shall be paid to the Seller on the Transfer Date.
4.5 Within 30 days after Signature Date, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance of the Purchase Price of the Property.
4.6 Alternatively to 4.5 above, the Purchaser shall be entitled to pay into the trust account of the Attorneys the Balance of the Purchase Price of the Property, to be held by such Attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls due.
4.7 The Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation or Trust documentation as the case may be.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished to the Attorneys.
Appears in 1 contract
Sources: Deed of Sale
Purchase Price and Method of Payment. 4.1 The Purchase Price purchase price of the Property shall be the amount stated in paragraphparagraph E1 of the Information Schedule regardless of the final extent of the Property as reflected on the draft Subdivisional Plan attached marked Annexure ”A”.
4.2 The Purchaser shall pay the Attorneys Seller’s attorneys the Reservation Deposit deposit for the Property as stated in paragraph D2 E2 of the Information Schedule on within 7 (seven) days of signature of this Agreement, agreement by the Purchaser which deposit shall be held in trust by the Attorneys Seller’s attorneys and invested in an interest bearing account in accordance with the provisions of section 26 s86(4) and s86(5) of the Alienation Legal Practice Act 28 of Land Act No 68 2014, with 5% of 1981 (as amended) with the interest accrued to accrue be paid to the Attorneys Fidelity Fund, and the balance thereof to be paid to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(4) of the Legal Practice Act, 2014(Act No. 28 of 2014), to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 The Purchaser shall pay the Attorneys the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.3 shall constitute authority to the Attorneys, in terms of Section 86(486(5) of the Legal Practice Act, 2014(Act No. Act 28 of 2014), to invest the depositdeposit for the benefit of Purchaser pending registration of transfer.
4.4 4.3 The Balance balance of the Purchase Price purchase price of the Property, as stated in paragraph D5 of the Information Schedule, Property shall be paid to the Seller on the Transfer Datetransfer date.
4.5 4.4 Within 30 21 (twenty one) days after Signature Datesignature of this agreement, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price purchase price of the Property or, in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the Property, within 21 (twenty one) days of securing a mortgage bond as provided for in 18.1 hereunder.
4.6 4.5 Alternatively to 4.5 above4.4, the Purchaser shall be entitled to pay into the trust account of the Attorneys Sellers attorneys the Balance balance of the Purchase Price purchase price of the Property, to be held by such Attorneys attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls duedue to the Seller. Should the Purchaser elect to deposit the relevant amounts with the attorneys as contemplated aforesaid, the Purchaser shall irrevocably authorise the attorneys to release from the funds so received the payments due to the Seller in terms of the provisions of this agreement.
4.7 4.6 The Purchaser hereby undertakes to provide the Attorneys Seller’s attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation Company or Trust documentation as the case may be.
4.8 4.7 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 4.6 is furnished to the AttorneysSeller’s attorneys.
4.8 All amounts payable by the Purchaser in terms of this agreement shall be paid to the Seller’s attorneys free of bank charges or commission at Cape Town and without deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank.
Appears in 1 contract
Sources: Deed of Sale
Purchase Price and Method of Payment. 4.1 The Purchase Price Total purchase price of the Property shall be the amount stated in paragraphClause E1 of the Information Schedule regardless of the final extent of the Unit as reflected on the Unit Plan attached marked “Annexure C”.
4.2 The Purchaser shall pay the Attorneys Seller’s attorneys the Reservation Deposit deposit for the Property as stated in paragraph D2 Clause E2 of the Information Schedule on within 3(three) days of signature of this AgreementAgreement by the Purchaser, which deposit shall be held in trust by the Attorneys Seller’s attorneys and invested in an interest bearing account in accordance with the provisions of section Section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause Clause 4.2 shall constitute authority to the ConveyancersSeller’s attorneys, in terms of Section 86(478(2A) of the Legal Practice Attorneys Act, 2014(Act No. 28 of 2014), to invest the depositdeposit for the benefit of Purchaser pending registration of transfer. The Reservation Deposit will proceeds of the investment on behalf of the Purchaser shall be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 Clause 5.3 of this Agreement, and any ▇▇▇▇ interest which may be due in terms of the provisions of Clause 7 of this Agreement.
4.3 The Purchaser shall pay the Attorneys the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall Seller will not be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue bound to the Purchaser. The provisions of this clause 4.3 shall constitute authority to the Attorneys, Purchaser in terms of Section 86(4) this Agreement until such time as the deposit referred to in Clause E2 has been paid to the Sellers attorneys trust account referred to in Clause 4.2 above. The Seller shall be entitled to accept further offers acceptable to the Seller, until such time as proof of payment of the Legal Practice Actdeposit is furnished to the Seller or the Seller’s Attorneys, 2014(Act No. 28 by the Purchaser, as provided for in this Clause 4.3 In the event of 2014)the Seller accepting an offer to purchase the Property on terms and conditions acceptable to the Seller prior to receipt of such written notification, to invest the depositthis Agreement shall be deemed ipso facto null and void.
4.4 The Balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, shall be paid to the Seller on the Transfer Date.
4.5 Within 30 21 (twenty one) days after Signature Datesignature of this Agreement, the Purchaser shall furnish the Seller or the Seller’s Attorneys, with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price purchase price of the PropertyUnit as referred to in Clause E3 of the Information Schedule, or in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the Unit in the amount recorded in Clause E3 of the Information Schedule, within 21 (twenty one) days of securing a mortgage bond as provided for in Clause 19.1 hereunder. Should the Purchaser fail to comply with this Clause 4.4, the contract will be deemed null and void.
4.6 Alternatively 4.5 Or alternatively to 4.5 the delivery of the guarantee referred to in Clause 4.4 above, the Purchaser shall be entitled to within the same time periods as provided for in the aforesaid clause, pay into the trust account of the Attorneys Seller’s attorneys, the Balance balance of the Purchase Price purchase price of the PropertyUnit as referred to in Clause E3 of the Information Schedule, to be held by such Attorneys attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls duedue to the Seller. The Purchaser hereby irrevocably authorises the attorneys to release from the funds so received, the payments due to the Seller in terms of the provisions of this Agreement.
4.6 The Seller, at its sole discretion may elect to extend the periods as mentioned in clause 4.4 and/or 4.5 above.
4.7 The All amounts payable by the Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation or Trust documentation as the case may be.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished this Agreement shall be paid to the AttorneysSeller’s attorneys free of bank charges or commission at Cape Town and without deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank.
Appears in 1 contract
Sources: Deed of Sale
Purchase Price and Method of Payment. 4.1 The Purchase Price of the Property shall be the amount stated in paragraphparagraph E1 of the Information Schedule regardless of the final extent of the Property as reflected on the draft Subdivisional Plan attached marked Annexure ”B” .
4.2 The Construction Price payable for the Dwelling to be erected on the Property shall be the sum referred to in paragraph E2 of the Information Schedule.
4.3 The Purchaser shall pay the Attorneys Seller’s attorneys the Reservation Deposit as stated in paragraph D2 E4 of the Information Schedule on within 7 (seven) days of signature of this Agreement, which agreement. Such deposit shall be held in trust by the Attorneys Seller’s attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amendedin s86(4) with interest to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 86(4and s86(5) of the Legal Practice Act, 2014(Act No. Act 28 of 2014), with 5% of the interest accrued to invest the deposit. The Reservation Deposit will be used by the Purchaser towards the payment of Transfer and or Bond costs payable by the Purchaser as per clause 6.2 of this Agreement.
4.3 The Purchaser shall pay paid to the Attorneys Fidelity Fund, and the Deposit as stated in paragraph D3 of the Information Schedule within 30 (Thirty) days of Signature Date, which deposit shall balance thereof to be held in trust by the Attorneys and invested in an interest bearing account in accordance with the provisions of section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue paid to the Purchaserpurchaser. The provisions of this clause 4.3 shall constitute authority to the Attorneys, Conveyancers to invest the deposit in terms of Section 86(4) and 86(5) of the Legal Practice Act, 2014(Act No. Act 28 of 2014), to invest the deposit.
4.4 The Balance balance of the Purchase Price of the Property, as stated in paragraph D5 of the Information Schedule, Property shall be paid to the Seller on the Transfer Datetransfer date.
4.5 Within 30 21 (twenty one) days after Signature Datesignature of this agreement, the Purchaser shall furnish the Seller Seller/Builder with an irrevocable guarantee issued by a registered commercial bank for the due payment of the Balance balance of the Purchase Price purchase price of the Property or, in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the Property, within 21 (twenty one) days of securing a mortgage bond as provided for in 8.1 hereunder.
4.6 Alternatively to 4.5 above, the Purchaser shall be entitled to pay into the trust account of the Attorneys Seller’s attorneys the Balance balance of the Purchase Price purchase price of the Property, to be held by such Attorneys attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls duedue to the Seller/Builder. Should the Purchaser elect to deposit the relevant amounts with the attorneys as contemplated aforesaid, the Purchaser shall irrevocably authorise the attorneys to release from the funds so received the payments due to the Seller/Builder in terms of the provisions of this agreement.
4.7 The Purchaser hereby undertakes to provide the Attorneys Seller’s attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centres Act No. 38 of 2001 requirements, which information shall include, but not be limited to, proof of the Purchaser's Income Tax Registration Number, residential address and certified copies of identity documents or company, close corporation Company or Trust documentation as the case may be.
4.8 The Purchaser hereby acknowledges that he is aware that no monies can be invested as provided for herein until such time as the information required in terms of 4.7 is furnished to the AttorneysSeller’s attorneys.
4.9 All amounts payable by the Purchaser in terms of this agreement shall be paid to the Seller’s attorneys free of bank charges or commission at Cape Town and without deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank.
Appears in 1 contract
Sources: Deed of Sale