Common use of Concurrent Closing Clause in Contracts

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and Village at the Foothills II & III, provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied). In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and I, Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied)) and provided further that in the event of (i) condemnation or (ii) damage or destruction with respect to Creekside Oaks/Shadowood Village (the "Companion Project") whereby the purchase transaction for the Companion Project is terminated in accordance with the applicable purchase agreement, this purchase transaction shall also be terminated but this purchase transaction and the purchase transaction for the Companion Project shall be deemed to be a single purchase transaction for purposes of determining the aggregate number of purchase transactions so terminated. In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied)) and provided further that in the event of (i) condemnation or (ii) damage or destruction with respect to Village at the Foothills Phases II & III (the "Companion Project") whereby the purchase transaction for the Companion Project is terminated in accordance with the applicable purchase agreement, this purchase transaction shall also be terminated but this purchase transaction and the purchase transaction for the Companion Project shall be deemed to be a single purchase transaction for purposes of determining the aggregate number of purchase transactions so terminated. In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied. 37.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Village Beach Village II, Shadowood VillageRancho Antigua, Skyline Village, Tierra Catalina, Village at the Foothills I and I, Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied)) and provided further that in the event of (i) condemnation or (ii) damage or destruction with respect to Creekside Oaks/Oaktree Village (the "Companion Project") whereby the purchase transaction for the Companion Project is terminated in accordance with the applicable purchase agreement, this purchase transaction shall also be terminated but this purchase transaction and the purchase transaction for the Companion Project shall be deemed to be a single purchase transaction for purposes of determining the aggregate number of purchase transactions so terminated. In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and I, Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied)) and provided further that in the event of (i) condemnation or (ii) damage or destruction with respect to Shadowood Village/Oaktree Village (the "Companion Project") whereby the purchase transaction for the Companion Project is terminated in accordance with the applicable purchase agreement, this purchase transaction shall also be terminated but this purchase transaction and the purchase transaction for the Companion Project shall be deemed to be a single purchase transaction for purposes of determining the aggregate number of purchase transactions so terminated. In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and I, Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied). In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village III, Ponte Vedra Beach Village IIRancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and I, Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied)) and provided further that in the event of (i) condemnation or (ii) damage or destruction with respect to Ponte Vedra Beach Village Phase II (the "Companion Project") whereby the purchase transaction for the Companion Project is terminated in accordance with the applicable purchase agreement, this purchase transaction shall also be terminated but this purchase transaction and the purchase transaction for the Companion Project shall be deemed to be a single purchase transaction for purposes of determining the aggregate number of purchase transactions so terminated. In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and I, Village at the Foothills II & III, ; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied). In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and Village at the Foothills II & III, Phase I; provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied)) and provided further that in the event of (i) condemnation or (ii) damage or destruction with respect to Village at the Foothills Phase I (the "Companion Project") whereby the purchase transaction for the Companion Project is terminated in accordance with the applicable purchase agreement, this purchase transaction shall also be terminated but this purchase transaction and the purchase transaction for the Companion Project shall be deemed to be a single purchase transaction for purposes of determining the aggregate number of purchase transactions so terminated. In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied. 37.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and Village at the Foothills II & III, provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied). In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied. 37.

Concurrent Closing. Notwithstanding anything to the contrary contained in this Agreement, the Closing shall be subject to and contingent upon, and shall occur concurrently with, the Closing of the purchase transactions for the following properties between Seller (or entities affiliated with Seller) and Buyer (the "Concurrent Closing Contingency"): Autumn Heights, Creekside Oaks, Lakeview Village, Las Colinas, Oaktree Village, Ponte Vedra Beach Village I, Ponte Vedra Beach Village II, Rancho Antigua, Shadowood Village, Skyline Village, Tierra Catalina, Village at the Foothills I and Village at the Foothills II & III, provided, however, that in the event this purchase transaction or any of the other purchase transactions enumerated above is terminated as a result of (i) condemnation or (ii) damage or destruction in accordance with the applicable purchase agreement, such purchase transaction(s) shall not be taken into account in determining whether the Concurrent Closing Contingency shall have been satisfied (unless the aggregate number of purchase transactions so terminated is two or more, in which event the Concurrent Closing Contingency shall be deemed not to have been satisfied). In addition, in the event this purchase transaction or any of the other purchase transactions enumerated above does not close as a result of a default by Buyer in the performance of its obligations under this Agreement or any other respective purchase agreement, Seller shall be entitled (but not obligated) to exercise its rights under Section 12 above and the corresponding provisions of each such purchase agreement even though the Concurrent Closing Contingency shall not have been satisfied. 37.