Common use of 2the Investment Committee Clause in Contracts

2the Investment Committee. of Aetna must have approved the execution and delivery of this Agreement and the transactions provided for herein, and Aetna must have provided Chicago Title with written confirmation of such Investment Committee approval. IF FOR ANY REASON SUCH TRANSACTIONS AND THE OTHER CONDITIONS PRECEDENT PROVIDED FOR IN SECTION 10.2 BELOW HAVE NOT BEEN SATISFIED PRIOR TO THE EXPIRATION OR SOONER TERMINATION OF THE RECORDING INSTRUCTIONS, THEN THIS AGREEMENT AND THE OTHER INSTRUMENTS AND AGREEMENTS EXECUTED AS OF EVEN DATE HEREWITH BY AETNA AND MTP-SOUTH TOWER LP SHALL BE NULL AND VOID, AND NEITHER PARTY SHALL HAVE ANY LIABILITY OR OBLIGATION HEREUNDER OR THEREUNDER. The Recording Instructions provide, among other things, that any of the general partners of MTP-South Tower LP or Aetna may, each acting unilaterally and with or without cause, terminate the Recording Instructions at any time after September 26, 1996, time being of the essence. Without limiting the generality of the foregoing, the parties acknowledge that if the Recording Instructions are terminated prior to the Effective Date provided for herein, the Loan Documents shall remain in full force and effect, unmodified by the matters provided for in this Agreement, and Aetna reserves the right, without limitation, to claim and enforce the imposition of interest at the default rate provided for in the Note for the period from December 1, 1994 until the Note and all other obligations of MTP-South Tower LP to Aetna under the Loan Documents are paid in full. The foregoing acknowledgments of MTP-South Tower LP and Aetna shall survive the expiration or sooner termination of the Recording Instructions.

Appears in 4 contracts

Samples: Modification and Extension Agreement (Carlyle Real Estate LTD Partnership Xiv /Il/), Modification and Extension Agreement (Carlyle Real Estate LTD Partnership Xiv /Il/), Modification and Extension Agreement (Carlyle Real Estate LTD Partnership Xv)

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