- 4 - applicable to the purchase price. An additional $5 million in cash was due at the closing of escrow with the remaining balance to be paid by a promissory note secured by a First Trust Deed. Furthermore, the Agreement provided that escrow was to close within 180 days of the time it opened. The Agreement provided that if CDC needed more time to obtain government approval for the planned development, then escrow could be extended for an additional 120 days upon CDC’s payment of an “Extension Payment” of $200,000. The Extension Payment was also to be released immediately to petitioners. This payment was nonrefundable and would be applied to the purchase price. Section 6(c)(ii) of the Agreement provided: “If close of Escrow fails to occur due to Seller’s default hereunder, or for any reason other than a default by Buyer, Buyer shall be entitled, in addition to any legal or equitable remedies, to the immediate refund of the Deposit[3] and Extension Payment, if applicable.” Pursuant to section 6(f)(ii) of the Agreement, petitioners were required to deposit into escrow, no later than the business day immediately before the close of escrow, the deed conveying title to Phase II to CDC in fee simple. 3 Deposit refers to both the Initial Deposit and the Additional Deposit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011