Obligations to Effect the Merger. The obligations of the REIT and the Limited Liability Company to effect the Merger and the other transactions contemplated by this Agreement are subject to the fulfillment, at or prior to the Closing, of the following conditions (unless such conditions are waived in writing by the REIT and the Limited Liability Company):
Obligations to Effect the Merger. On such date as the Company shall have satisfied (or with respect to matters required to be satisfied at the Closing is in a position to satisfy within one Business Day) each of the conditions set forth in Section 8.2 and each of the conditions in Section 8.1 is satisfied, the Company shall deliver an officers’ certificate to such effect to Parent, Parent Americas and Merger Sub (the “Closing Condition Satisfaction Notice”). The Company shall not be entitled to deliver a Closing Condition Satisfaction Notice to Parent, Parent Americas or Merger Sub on or after March 31, 2006.
