Common use of Performance by the REIT, the Operating Partnership and Provident Clause in Contracts

Performance by the REIT, the Operating Partnership and Provident. Except as would not have a REIT Material Adverse Effect, each of the REIT and the Operating Partnership, Provident and the Provident Entities shall have performed all agreements and covenants required by this Agreement and the Formation Transaction Documentation to be performed or complied with by any of such entities on or prior to the Closing Date.