Laserfiche WebLink
7 <br />v. Seller shall have delivered all of Seller’s escrow deposits to Closing <br />Agent on or before the Closing Date; <br />vi. Seller’s timely performance of all Seller’s obligations under this <br />Agreement; <br />vii. No material change in the condition of the Property between the <br />Effective Date and the Closing Date; <br />viii. No litigation or other court action shall have been commenced <br />seeking to obtain an injunction or other relief from such court to <br />enjoin the consummation of the transaction described in this <br />Agreement, and no preliminary or permanent injunction or other <br />order, decree, or ruling shall have been issued by a court of <br />competent jurisdiction or by any governmental authority, that <br />would make illegal or invalid or otherwise prevent the <br />consummation of the transaction described in this Agreement; <br />ix. Seller has delivered a tenant estoppel certificate to Buyer duly <br />executed by Tenant in the form attached hereto as Exhibit D or in <br />another form acceptable to Buyer in Buyer’s sole discretion; and <br />x. No law, statute, rule, or regulation shall have been enacted that <br />would make illegal or invalid or otherwise prevent the <br />consummation of the transaction described in this Agreement. <br />(d) Seller’s Contingencies. Seller’s obligation to sell the Property is expressly <br />contingent on upon the following: <br />i. Buyer shall have deposited the Purchase Price in escrow with <br />Closing Agent with written direction to disburse the same to Seller <br />at Closing; <br />ii. Buyer shall have delivered all of Buyer’s escrow deposits to Closing <br />Agent on or before the Closing Date; and <br />iii. The representations and warranties of Buyer, if any, in this <br />Agreement shall be true and correct in all material respects as of <br />the Closing (or as of such other date to which such representation <br />or warranty expressly is made). <br />8. CLOSING. <br />(a) Time for Closing. The sale shall be closed in the office of the Closing Agent <br />set forth in the Basic Provisions (“Closing Agent”) on or before the date that is 30 calendar days <br />after the expiration of the Feasibility Study Period. The 30-calendar day period may be extended <br />in writing by the Seller and Buyer’s Real Property Manager or designee. At least one (1) business <br />day prior to closing, Buyer and Seller shall deposit in escrow with Closing Agent all instruments, <br />documents and monies necessary to complete the sale in accordance with this Agreement. As <br />used herein, “closing” or “date of closing” or “Closing Date” means the date on which all