Common use of PERFORMANCE BY THE REIT, THE OPERATING PARTNERSHIP AND MERGER SUB Clause in Contracts

PERFORMANCE BY THE REIT, THE OPERATING PARTNERSHIP AND MERGER SUB. Except as would not have a material adverse effect on the REIT and the REIT Subsidiaries taken as a whole, each of the REIT, the Operating Partnership and Merger Sub shall have performed all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing Date.