Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser.
Appears in 2 contracts
Sources: Limited Partnership Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Purchase Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser...
Appears in 2 contracts
Sources: Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.), Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the ▇E▇▇▇▇▇▇ Money shall be returned to Purchaser.
Appears in 1 contract
Sources: Liquidating Trust Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of ClosingClosing Date, in which event the ▇▇▇▇▇▇▇ Money Deposit shall be returned to PurchaserBUYER.
Appears in 1 contract
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser.
Appears in 1 contract
Sources: Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement Supplement by sending written notice to the other party on or before the date of Closing, in which event the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser.
Appears in 1 contract
Sources: Supplement to Contribution Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited benefitted by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party party, on or before the date of Closing, in which event the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser.
Appears in 1 contract
Sources: Purchase Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)
Failure of Condition Precedent. Upon the failure of any of the foregoing conditions precedent, the party benefited by such failed condition shall have the option to (a) waive such condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party on or before the date of Closing, in which event the ▇▇▇▇▇▇▇ Money shall be returned to Purchaserthe non-defaulting party.
Appears in 1 contract