Conditions to Obligations of the Operating Partnership. The obligations of the Operating Partnership to consummate the transactions contemplated hereby is subject to fulfillment or waiver (by means of a written instrument signed by the Operating Partnership) of all of the following conditions on or prior to the Closing Date: (a) the Contributors shall have executed and delivered to the Operating Partnership one fully completed Assignment with respect to all of the Contributed Interests; (b) the REIT shall have received an original OP Agreement executed and delivered by each other party thereto; (c) The Operating Partnership shall have received a certificate, dated the Closing Date, to the effect that all of the representations and warranties of the Contributors set forth in Section 3.1 are true and correct as of the Closing Date as if made again on and (except to the extent any such representation and warranty expressly specifies otherwise) as of such date.
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Conditions to Obligations of the Operating Partnership. The obligations of the Operating Partnership to consummate the transactions contemplated hereby is subject to fulfillment or waiver (by means of a written instrument signed by the Operating Partnership) of all of the following conditions on or prior to the Closing Date:
(a) the Contributors shall Wirt▇▇ ▇▇▇ll have executed and delivered to the Operating Partnership one fully completed Assignment with respect to all of the Contributed Interests;
(b) the REIT shall have received an original OP Agreement executed and delivered by each other party thereto;
(c) The Operating Partnership shall have received a certificate, dated the Closing Date, to the effect that all of the representations and warranties of the Contributors set Wirt▇▇ ▇▇▇ forth in Section 3.1 are true and correct as of the Closing Date as if made again on and (except to the extent any such representation and warranty expressly specifies otherwise) as of such date.
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