Common use of Approval of Merger Agreement Clause in Contracts

Approval of Merger Agreement. The Board of Trustees and shareholders of EQK shall have approved the Amended and Restated Agreement and Plan of Merger dated as of August 25, 1998 by and among the Purchaser, ART Newco, L.L.C. ("ART Newco"), Basic Capital Management, Inc., EQK and Lend Lease Portfolio Management, Inc. (the "Merger Agreement") and the transactions contemplated thereby, including without limitation the amendment and restatement of EQK's Amended and Restated Declaration of Trust and the execution of the new advisory agreement, identified in the Merger Agreement, between EQK and Basic Capital Management, Inc.

Approval of Merger Agreement. The Board of Trustees and shareholders of EQK shall have approved the Amended and Restated Agreement and Plan of Merger dated as of August 25December __, 1998 1997 by and among the Purchaser, ART Newco, L.L.C. ("ART Newco")L.L.C., Basic Capital Management, Inc., EQK and Lend Lease EQK, Equitable Realty Portfolio Management, Inc. and Compass Retail, Inc. (the "Merger Agreement") and the transactions contemplated thereby, including without limitation the amendment and restatement of EQK's Amended and Restated Declaration of Trust and the execution of the new advisory agreement, identified in the Merger Agreement, between EQK and Basic Capital Management, Inc.

Approval of Merger Agreement. The Board of Trustees and shareholders of EQK shall have approved the Amended and Restated Agreement and Plan of Merger dated as of August 25December __, 1998 1997 by and among the Purchaser, ART Newco, L.L.C. ("ART Newco"), Basic Capital Management, Inc., EQK and Lend Lease EQK, Equitable Realty Portfolio Management, Inc. and Compass Retail, Inc. (the "Merger Agreement") and the transactions contemplated thereby, including without limitation the amendment and restatement of EQK's Amended and Restated Declaration of Trust and the execution of the new advisory agreement, identified in the Merger Agreement, between EQK and Basic Capital Management, Inc.

Approval of Merger Agreement. The Board of Trustees and shareholders of EQK shall have approved the Amended and Restated Agreement and Plan of Merger dated as of August 25, 1998 by and among the Purchaser, ART Newco, L.L.C. ("ART Newco")L.L.C., Basic Capital Management, Inc., EQK and Lend Lease Portfolio Management, Inc. the Selling Shareholder (the "Merger Agreement") and the transactions contemplated thereby, including without limitation the amendment and restatement of EQK's Amended and Restated Declaration of Trust and the execution of the new advisory agreement, identified in the Merger Agreement, between EQK and Basic Capital Management, Inc.