Additional Exception definition
Examples of Additional Exception in a sentence
If Purchaser fails to respond within said five (5) Business Day period, Purchaser shall be deemed to have approved such Additional Exception.
If Purchaser unreasonably disapproves of any Additional Exception, Seller shall be excused from performing any term or condition (or any portion or aspect of a term or condition) of this Agreement which Seller is unable or unwilling to perform as a result of its inability to enter into and/or record such Additional Exception.
Within five (5) Business Days after receipt of a notice of any Additional Exception with respect to any Property, the Purchaser shall give the Seller notice of its approval or disapproval thereof.
In the event that Seller decides to encumber a Property with an additional document, instrument or other matter, Seller shall give Purchaser notice thereof together with a copy of the document, instrument or other matter to be placed of record against the Property ("Additional Exception").
The failure of Buyer to give timely notice of objection to any Additional Exception, which Buyer is entitled to object to within the aforesaid time period shall be deemed approval by Buyer of such Additional Exception and a waiver by Buyer of any objection thereto.
In the event that Seller elects to attempt to cure such Objectionable Title Matter, Seller shall have until the then scheduled Closing Date to effectuate such cure; provided, however, if Seller elects to attempt to cure an Additional Exception, the Closing Date shall be automatically extended until Seller completes the cure but in no event shall such extension exceed thirty (30) days after the then scheduled Closing Date.
Failure of Buyer to provide such written notice within such five (5) calendar day period shall be deemed an election by Buyer to waive any Additional Exception disclosed in such Update and to accept title subject to the Additional Exception without any reduction in the Purchase Price for the Assets (in which case the Additional Exception will thereafter be a Permitted Exception).
Except as set forth above, Acquiror shall have no right to deliver an Additional Exception Notice following the close of the Confirmation Period.
Purchaser shall not withhold its approval of any such Additional Exception which would be a Permitted Encumbrance specified in clauses (a) through (g), inclusive, of the definition of Permitted Encumbrance in Section 1, and shall not unreasonably withhold, delay or condition its approval of any other Additional Exception.
If Purchaser and/or Tenant fails to respond within said five (5) Business Day period, Purchaser and/or Tenant, as the case may be, shall be deemed to have approved such Additional Exception.