Equitable Assignment. To the extent the deliverables contemplated by Section 11 are third party consents or waivers which are required to be obtained under applicable law or the terms of a governing agreement in order to effect the transactions hereunder with respect to an applicable Property or Interest, but such consents or waivers have not been obtained at Closing, if the parties are otherwise required to close under the terms of Section 5, then the parties shall close the transactions hereunder but with respect to such outstanding deliverables, the parties shall continue to seek to obtain such consent or waiver, and until such time as it is obtained, the parties shall not transfer the Interest in breach of the applicable restrictions and instead shall enter into an equitable arrangement providing the Buyer or REIT II, as applicable, the benefits and risks of ownership with respect to the Interest for which the consent or waiver has not been obtained.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Corporate Property Associates 14 Inc), Sale and Purchase Agreement (Carey W P & Co LLC)
Equitable Assignment. To the extent the deliverables contemplated by Section 11 13 are third party consents or waivers which are required to be obtained under applicable law or the terms of a governing agreement in order to effect the transactions hereunder with respect to an applicable Property or InterestProperty, but such consents or waivers have not been obtained at Closing, if the parties are otherwise required to close under the terms of Section 5, then the parties shall close the transactions hereunder but with respect to such outstanding deliverables, the parties shall continue to seek to obtain such consent or waiver, and until such time as it is obtained, the parties shall not transfer the Interest Property in breach of the applicable restrictions and instead shall enter into an equitable arrangement providing the Buyer or REIT II, as applicable, purchasers the benefits and risks of ownership with respect to the Interest Property for which the consent or waiver has not been obtained.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Carey W P & Co LLC), Agreement for Sale and Purchase (Corporate Property Associates 12 Inc)
Equitable Assignment. To the extent the deliverables contemplated by Section 11 are third party consents or waivers which are required to be obtained under applicable law or the terms of a governing agreement in order to effect the transactions hereunder with respect to an applicable Property or Interest, but such consents or waivers have not been obtained at Closing, if the parties are otherwise required to close under the terms of Section 5, then the parties shall close the transactions hereunder but with respect to such outstanding deliverables, the parties shall continue to seek to obtain such consent or waiver, and until such time as it is obtained, the parties shall not transfer the Interest in breach of the applicable restrictions and instead shall enter into an equitable arrangement providing the Buyer or REIT II, as applicable, applicable SPV Purchaser the benefits and risks of ownership with respect to the Interest for which the consent or waiver has not been obtained.
Appears in 1 contract
Samples: Agreement for Sale and Purchase (Corporate Property Associates 14 Inc)