Common use of Conditional Nature of Transaction Clause in Contracts

Conditional Nature of Transaction. The Investment Entity acknowledges and understands that it is a condition to the OP’s obligations to close the transactions contemplated hereby that the other IPO Transactions shall have occurred (or are occurring simultaneously with the Closing), that the occurrence of any of the other IPO Transactions is wholly within the sole and absolute discretion of DF REIT and the OP, and that the Investment Entity has no right to force any of the IPO Transactions to occur, on any terms.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)

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Conditional Nature of Transaction. The Investment Entity acknowledges and understands that it is a condition to the OPOP Sub’s obligations to close the transactions contemplated hereby that the other IPO Transactions shall have occurred (or are occurring simultaneously with the Closing), that the occurrence of any of the other IPO Transactions is wholly within the sole and absolute discretion of DF REIT and the OP, and that the Investment Entity has no right to force any of the IPO Transactions to occur, on any terms.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)

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Conditional Nature of Transaction. The Investment Entity acknowledges and understands that it is a condition to the OP’s [and the OP Sub’s] obligations to close the transactions contemplated hereby that the other IPO Transactions shall have occurred (or are occurring occur simultaneously with the Closing), that the occurrence of any completion of the other IPO Transactions is IPO, and the terms thereof, are wholly within the sole and absolute discretion of DF the REIT and the OP, and that the Investment Entity has no right to force any of the IPO Transactions to occur, on any terms.

Appears in 1 contract

Samples: Form of Agreement and Plan of Merger (Richmond Honan Medical Properties Inc.)

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