Common use of Other Mutual Conditions Clause in Contracts

Other Mutual Conditions. The obligation of the Contributor, on the one hand, and the REIT, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party that would have Material Adverse Effect on the operation or value of the Property (or with respect to REIT’s obligation to close, any of the Companies) or the other Party’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Party’s obligation to close shall have been satisfied or waived in writing by such other Party.

Other Mutual Conditions. The obligation of the Contributor, on the one hand, and the REIT, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party that would have a Material Adverse Effect on the operation or value of the Property (or with respect to REIT’s obligation to close, any of the Companies) or the other Party’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Party’s obligation to close shall have been satisfied or waived in writing by such other Party.

Other Mutual Conditions. The obligation of the Contributor, on the one hand, and the REITOperating Partnership, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party that would have a Material Adverse Effect on the operation or value of the Property (or with respect to REITOperating Partnership’s obligation to close, any of the CompaniesContributor) or the other Party’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Party’s obligation to close shall have been satisfied or waived in writing by such other Party.

Other Mutual Conditions. The obligation of the ContributorContributors, on the one hand, and the REIT, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party that would have Material Adverse Effect on the operation or value of the Property (or with respect to REIT’s obligation to close, any of the Companies) or the other Party’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Party’s obligation to close shall have been satisfied or waived in writing by such other Party.

Other Mutual Conditions. The obligation of the respective Contributor, on the one hand, and the REIT, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party that would have Material Adverse Effect on the operation or value of the Property (or with respect to REIT’s obligation to close, any of the Companies) or the other Party’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Party’s obligation to close shall have been satisfied or waived in writing by such other Party.

Other Mutual Conditions. The obligation of the Contributorrespective Seller, on the one hand, and the REITrespective Buyer, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party party that would have Material Adverse Effect on materially and adversely affect the operation or value of the any Property (or with respect to REIT’s Buyers’ obligation to close, any of the Companies) or the other Partyparty’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Partyparty’s obligation to close shall have been satisfied or waived in writing by such other Partyparty.

Other Mutual Conditions. The obligation of the ContributorSellers, on the one hand, and the REIT, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party that would have Material Adverse Effect on the operation or value of the Property (or with respect to REIT’s obligation to close, any of the Companies) or the other Party’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Party’s obligation to close shall have been satisfied or waived in writing by such other Party.

Other Mutual Conditions. The obligation of the ContributorSeller and BH, on the one hand, and the REITBuyer, on the other hand, to consummate the Closing shall be contingent upon the following: (i) there shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against any other Party party that would have Material Adverse Effect on materially and adversely affect the operation or value of the any Property (or with respect to REITBuyer’s obligation to close, any of the Companies) or the other Partyparty’s ability to perform its obligations under this Agreement; and (ii) all other conditions set forth in this Agreement to the other Partyparty’s obligation to close shall have been satisfied or waived in writing by such other Partyparty.