Common use of CONDITIONS PRECEDENT TO THE OBLIGATION OF BUYER Clause in Contracts

CONDITIONS PRECEDENT TO THE OBLIGATION OF BUYER. TO CLOSE 21 7.1 Accuracy of Representations and Warranties; Closing Certificate. 21 7.2 Performance of Agreement 21 7.3 No Adverse Change 21 7.4 Conveyance of Property 21 7.5 Title Insurance and Survey. 22 7.6 Delivery of Closing Documents 25 7.7 Licenses. 25 7.8 Financing Contingency. 25 7.9 Governmental Approvals. 26 7.10 Third-Party Consents 26 7.11 Amended and Restated Lease Agreement and Lease Guaranty. 26 TABLE OF CONTENTS (cont’d) Page

CONDITIONS PRECEDENT TO THE OBLIGATION OF BUYER. TO CLOSE 21 24 7.1 Accuracy of Representations and Warranties; Closing Certificate. 21 24 7.2 Performance of Agreement 21 25 7.3 No Adverse Change 21 25 7.4 Conveyance of Property 21 [Reserved.] 25 7.5 [Reserved.] 25 7.6 Title Insurance and Survey. 22 7.6 25 7.7 Other Inspections 27 7.8 Delivery of Closing Documents 25 7.7 27 7.9 Licenses. 25 7.8 Financing Contingency. 25 7.9 28 7.10 Termination of Existing Leases & Management Agreements 29 7.11 Governmental Approvals. 26 7.10 29 7.12 Third-Party Consents 26 7.11 Amended and Restated Lease Agreement and Lease Guaranty. 26 29 TABLE OF CONTENTS (cont’d) Page

CONDITIONS PRECEDENT TO THE OBLIGATION OF BUYER. TO CLOSE 21 17 7.1 Accuracy of Representations and Warranties; Closing Certificate. 21 17 7.2 Performance of Agreement 21 18 7.3 No Material and Adverse Change 21 18 7.4 Conveyance of Property 21 [Reserved.] 18 7.5 [Reserved.] 18 7.6 Title Insurance and Survey. 22 7.6 18 7.7 Other Inspections 19 7.8 Delivery of Closing Documents 25 7.7 19 7.9 Licenses. 25 7.8 Financing Contingency. 25 7.9 19 7.10 Termination of Existing Leases & Management Agreements 19 7.11 Governmental Approvals. 26 7.10 19 7.12 Third-Party Consents 26 7.11 Amended and Restated Lease 20 7.13 Loan Assumption Approval 20 7.14 Management Agreement and Lease Guaranty. 26 TABLE OF CONTENTS (cont’d) Page20

CONDITIONS PRECEDENT TO THE OBLIGATION OF BUYER. TO CLOSE 21 7.1 Accuracy of Representations and Warranties; Closing Certificate. 21 7.2 Performance of Agreement 21 22 7.3 No Adverse Change 21 22 7.4 Conveyance of Real Property 21 22 7.5 Title Insurance and Survey. 22 7.6 Other Inspections 24 7.7 Delivery of Closing Documents 25 7.7 24 7.8 Licenses. 25 7.8 Financing Contingency24 7.9 Termination of Existing Management Agreement. 25 7.9 Governmental Approvals. 26 7.10 Third-Party Consents 26 7.11 Amended and Restated Lease Management Agreement and Lease Guaranty. 26 25 TABLE OF CONTENTS (cont’d) PagePage 7.11 Governmental Approvals. 25 7.12 Third-Party Consents 25 7.13 Financing Contingency. 25 7.14 Guaranties. 26

CONDITIONS PRECEDENT TO THE OBLIGATION OF BUYER. TO CLOSE 21 24 7.1 Accuracy of Representations and Warranties; Closing Certificate. 21 Certificate 24 7.2 Performance of Agreement 21 25 7.3 No Adverse Change 21 25 7.4 Conveyance of Property 21 [Reserved.] 25 7.5 [Reserved.] 25 7.6 Title Insurance and Survey. 22 7.6 Survey 25 7.7 Other Inspections 27 7.8 Delivery of Closing Documents 25 7.7 Licenses. 25 7.8 Financing Contingency. 25 27 7.9 Licenses 28 7.10 Termination of Existing Leases & Management Agreements 29 7.11 Governmental Approvals. 26 7.10 Approvals 29 7.12 Third-Party Consents 26 7.11 Amended and Restated Lease Agreement and Lease Guaranty. 26 29 TABLE OF CONTENTS (cont’d) PagePage 7.15 Management Agreement 29 7.16 Operating Agreement 29