Common use of Third-Party Failure to Purchase Clause in Contracts

Third-Party Failure to Purchase. If a third party gives notice of its intent to exercise a preferential right to purchase any of the Interests, but does not close the purchase for any reason either before or within a reasonable time after Closing, Buyer will be obligated to acquire the preferential right property under the terms of this Agreement, for the positive dollar Allocation (or if the Allocation is a negative amount, XTO Energy will refund the absolute value of the negative amount to Buyer, without interest). Closing on the preferential right property will be scheduled to occur within forty-five (45) days after Buyer receives XTO Energy’s notice that the third party has not closed. The effective time for the preferential right property will be the Effective Time under this Agreement.