Common use of COMPANION PROPERTY Clause in Contracts

COMPANION PROPERTY. Notwithstanding anything contained in this Agreement to the contrary, it is a condition precedent to Seller's and Purchaser's obligations to perform under this Agreement that Purchaser acquire that certain property commonly known as the Eagle Crest II Apartments (the "Other Property") in accordance with the terms of that certain Agreement of Sale (the "Companion Contract") by and between Irving Associates, an Illinois limited partnership, an affiliate of Seller, and Purchaser of even date herewith for the sale of the Other Property to Purchaser. If this Agreement is terminated pursuant to Paragraph 7 hereof or pursuant to any other section of this Agreement, then the Companion Contract shall also be deemed terminated. Similarly, if the Companion Contract is terminated pursuant to Paragraph 7 thereof or pursuant to any other paragraph of the Companion Contract, then this Agreement shall also be deemed terminated. Nothing contained in this Paragraph 29 shall be deemed to circumvent the terms of Paragraph 10 if this Agreement is terminated as a result of a default of Purchaser and nothing in this Paragraph 29 shall be deemed to circumvent the terms of Paragraph 11 if this Agreement is terminated as a result of a default of Seller.

Appears in 2 contracts

Samples: Agreement of Sale (Apple Residential Income Trust Inc), Agreement of Sale (Balcor Realty Investors 83)

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COMPANION PROPERTY. Notwithstanding anything contained in this Agreement to the contrary, it is a condition precedent to Seller's and Purchaser's obligations to perform under this Agreement that Purchaser acquire that certain property commonly known as the Eagle Crest II Walnut Hills I Apartments (the "Other Property") in accordance with the terms of that certain Agreement of Sale (the "Companion Contract") by and between Irving AssociatesWalnut Hills I Partners Limited Partnership, an Illinois limited partnership, an affiliate of Seller, and Purchaser of even date herewith for the sale of the Other Property to Purchaser. If this Agreement is terminated pursuant to Paragraph 7 7.1 hereof or pursuant to any other section of this Agreement, then the Companion Contract shall also be deemed terminated. Similarly, if the Companion Contract is terminated pursuant to Paragraph 7 7.1 thereof or pursuant to any other paragraph of the Companion Contract, then this Agreement shall also be deemed terminated. Nothing contained in this Paragraph 29 25 shall be deemed to circumvent the terms of Paragraph 10 if this Agreement is terminated as a result of a default of Purchaser and nothing in this Paragraph 29 25 shall be deemed to circumvent the terms of Paragraph 11 if this Agreement is terminated as a result of a default of Seller.

Appears in 1 contract

Samples: Agreement of Sale (Balcor Equity Properties LTD-Viii)

COMPANION PROPERTY. Notwithstanding anything contained in this Agreement to the contrary, it is a condition precedent to Seller's and Purchaser's obligations to perform under this Agreement that Purchaser acquire that certain property commonly known as the Eagle Crest Walnut Hills II Apartments (the "Other Property") in accordance with the terms of that certain Agreement of Sale (the "Companion Contract") by and between Irving AssociatesWalnut Hills II Partners Limited Partnership, an Illinois limited partnership, an affiliate of Seller, and Purchaser of even date herewith for the sale of the Other Property to Purchaser. If this Agreement is terminated pursuant to Paragraph 7 7.1 hereof or pursuant to any other section of this Agreement, then the Companion Contract shall also be deemed terminated. Similarly, if the Companion Contract is terminated pursuant to Paragraph 7 7.1 thereof or pursuant to any other paragraph of the Companion Contract, then this Agreement shall also be deemed terminated. Nothing contained in this Paragraph 29 25 shall be deemed to circumvent the terms of Paragraph 10 if this Agreement is terminated as a result of a default of Purchaser and nothing in this Paragraph 29 25 shall be deemed to circumvent the terms of Paragraph 11 if this Agreement is terminated as a result of a default of Seller.

Appears in 1 contract

Samples: Agreement of Sale (Balcor Equity Properties LTD-Viii)

COMPANION PROPERTY. Notwithstanding anything contained in this Agreement to the contrary, it is a condition precedent to Seller's and Purchaser's obligations to perform under this Agreement that Purchaser acquire that certain property commonly known as the Eagle Crest II I Apartments (the "Other Property") in accordance with the terms of that certain Agreement of Sale (the "Companion Contract") by and between Irving AssociatesNorthgate Drive Limited Partnership, an Illinois limited partnership, an affiliate of Seller, and Purchaser of even date herewith for the sale of the Other Property to Purchaser. If this Agreement is terminated pursuant to Paragraph 7 hereof or pursuant to any other section of this Agreement, then the Companion Contract shall also be deemed terminated. Similarly, if the Companion Contract is terminated pursuant to Paragraph 7 thereof or pursuant to any other paragraph of the Companion Contract, then this Agreement shall also be deemed terminated. Nothing contained in this Paragraph 29 shall be deemed to circumvent the terms of Paragraph 10 if this Agreement is terminated as a result of a default of Purchaser and nothing in this Paragraph 29 shall be deemed to circumvent the terms of Paragraph 11 if this Agreement is terminated as a result of a default of Seller.

Appears in 1 contract

Samples: Eagle Crest Ii] Agreement of Sale (Apple Residential Income Trust Inc)

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COMPANION PROPERTY. Notwithstanding anything contained in this Agreement to the contrary, it is a condition precedent to Seller's and Purchaser's obligations to perform under this Agreement that Purchaser acquire that certain property commonly known as the Eagle Crest II Foxwood Apartments (the "Other Property") in accordance with the terms of that certain Agreement of Sale (the "Companion Contract") by and between Irving AssociatesFoxwood Partners, an Illinois limited partnership, an affiliate of Seller, and Purchaser of even date herewith for the sale of the Other Property to Purchaser. If this Agreement is terminated pursuant to Paragraph 7 hereof or pursuant to any other section of this Agreement, then the Companion Contract shall also be deemed terminated. Similarly, if the Companion Contract is terminated pursuant to Paragraph 7 thereof or pursuant to any other paragraph of the Companion Contract, then this Agreement shall also be deemed terminated. If the Companion Contract is terminated and Purchaser is entitled to the return of the "Earnest Money" thereunder, Purchxxxx xxall be entitled to the return of Earnest Money hereunder, providex xxxx Purchaser is not otherwise in default hereunder. Nothing contained in this Paragraph 29 27 shall be deemed to circumvent the terms of Paragraph 10 if this Agreement is terminated as a result of a default of Purchaser and nothing in this Paragraph 29 27 shall be deemed to circumvent the terms of Paragraph 11 if this Agreement is terminated as a result of a default of Seller.

Appears in 1 contract

Samples: Agreement of Sale (Balcor Equity Pension Investors Iii)

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