Common use of Satisfaction of Conditions to Closing Clause in Contracts

Satisfaction of Conditions to Closing. Buyer or any Seller may terminate this Agreement by written notice to the other Parties if any event shall occur after the date of this Agreement that shall have made it impossible to satisfy a condition precedent to the terminating Party’s obligations to perform its obligations hereunder, unless the occurrence of such event shall be due to the failure of the terminating Party to perform or comply with any of the agreements, covenants or conditions hereof to be performed or complied with by such Party prior to the Closing. Buyer shall be entitled to terminate this Agreement due to the inability of the conditions to Closing set forth in Section 8.4 to be satisfied only if Buyer provides written notice terminating this Agreement within 20 days after the date on which Sellers provide notice to Buyer that the Archstone Entities have taken the action that caused the conditions to Closing set forth in Section 8.4 not to be satisfied; provided that Buyer shall have stated in its notice objecting to such action, as described in Section 8.4, that such action would cause the conditions to Closing set forth in Section 8.4 not to be satisfied.