Common use of Failure to Satisfy Minimum Condition Clause in Contracts

Failure to Satisfy Minimum Condition. If the Minimum Condition has not been satisfied by the Long Stop Date, the Managing Member shall attempt to Dispose of the Investment and other assets of the Consortium through an en bloc sale or other orderly disposition to maximize value; provided, that if such sale is not completed within three (3) weeks following the Long Stop Date, the Investment shall be Disposed of through an in-kind distribution to the Consortium Members in accordance with Article 6 (and the corresponding provisions of each Parallel Investment Vehicle) and the Fair Market Value thereof shall be determined at the date of such distribution.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Brookfield Retail Holdings LLC)

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Failure to Satisfy Minimum Condition. If the Minimum Condition has not been satisfied by the Long Stop Date, the Managing Member General Partner shall attempt to Dispose of the Investment and other assets of the Consortium through an en bloc sale or other orderly disposition to maximize value; provided, that if such sale is not completed within three (3) weeks following the Long Stop Date, the Investment shall be Disposed of through an in-kind distribution to the Consortium Members in accordance with Article 6 (and the corresponding provisions provision of each Parallel Investment Vehicle) and the Fair Market Value thereof shall be determined at the date of such distribution.

Appears in 1 contract

Samples: Limited Partnership Agreement (Brookfield Retail Holdings LLC)

Failure to Satisfy Minimum Condition. If the Minimum Condition has not been satisfied by the Long Stop Date, the Managing Member shall attempt to Dispose of the Investment and other assets of the Consortium through an en bloc sale or other orderly disposition to maximize value; provided, that if such sale is not completed within three (3) weeks following the Long Stop Date, the Investment shall be Disposed of through an in-kind distribution to the Consortium Members in accordance with Article 6 (and the corresponding provisions provision of each Parallel Investment Vehicle) and the Fair Market Value thereof shall be determined at the date of such distribution.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Brookfield Retail Holdings LLC)

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Failure to Satisfy Minimum Condition. If the Minimum Condition has not been satisfied by the Long Stop Date, the Managing Member General Partner shall attempt to Dispose of the Investment and other assets of the Consortium through an en bloc sale or other orderly disposition to maximize value; provided, that if such sale is not completed within three (3) weeks following the Long Stop Date, the Investment shall be Disposed of through an in-kind distribution to the Consortium Members in accordance with Article 6 (and the corresponding provisions of each Parallel Investment Vehicle) and the Fair Market Value thereof shall be determined at the date of such distribution.

Appears in 1 contract

Samples: Limited Partnership Agreement (Brookfield Retail Holdings LLC)

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