Common use of Parties Bound; Assignment Clause in Contracts

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closing.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closing.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property Agreement, without Seller’s consent, upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser (a “Purchaser Control Entity”), or (ii) an entity advised by an affiliate in which one or more Purchaser Controlled Entities directly or indirectly is the general partner (or similar managing partner, member or manager) or owns more than 50% of Purchaser’s advisor, Dividend Capital Total Advisors LLCthe economic interests of such entity, (b) all of the ▇E▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) have ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) two Business Days prior to Closing, and (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors AR Capital, LLC, American Realty Capital Properties, Inc., or ▇▇▇▇ Real Estate Investments, Inc. (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) have ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations's obligations until Closing occurs, following which the assigning party (but not the assignee) shall be relieved of all its obligations arising under this Agreement, (e) a copy of the fully executed written assignment and assumption agreement agreement, together with notice to Seller of the Employer Identification Number for the assignee, shall be delivered to Seller at least five (5) Business Days ten days prior to Closing, and (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) (i) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser Purchaser, or (ii) an entity advised by an affiliate the assignee of Purchaser’s advisorPurchaser is contractually bound to enter into a lease of the Property with Purchaser at Closing, Dividend Capital Total Advisors LLCand Seller has approved the assignee (such approval not to be unreasonably withheld), (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (ed) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, and (fe) the requirements in Section 12.17 12.16 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewithIntentionally Deleted, (c) the Inspection Period shall have (or be deemed to have) endedIntentionally Deleted, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closing.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property upon the following conditions: (a) the assignee of Purchaser must be (i) an entity controlling, controlled by, or under common control with Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLC, (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) endedended and no Purchase Price Adjustment Notice shall have been delivered, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) three Business Days prior to Closing, and (f) the requirements in Section 12.17 are satisfied satisfied. Purchaser may also assign this Agreement if and (g) such to the extent assignment shall in no event delay the Closingis expressly permitted pursuant to a separate written agreement between Purchaser and Seller.

Parties Bound; Assignment. This Agreement, and the terms, covenants, and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto. Purchaser may, at Purchaser’s sole cost and expense and at no cost or expense to Seller, may assign its rights under this Agreement in whole or in part with respect to any Property Agreement, without the consent of Seller, upon the following conditions: (a) the assignee of Purchaser must be an Affiliate of Purchaser (ithe term “Affiliate” shall mean (1) an entity controllingthat controls, is controlled by, or is under common control with Purchaser; (2) any partnership in which Purchaser or (ii) an entity advised by an affiliate of Purchaser’s advisor, Dividend Capital Total Advisors LLCcontrolling member is the general partner; or (3) any fund or entity sponsored by Purchaser, (b) all of the ▇▇▇▇▇▇▇ Money must have been delivered in accordance herewith, (c) the Inspection Period shall have (or be deemed to have) have ended, (d) the assignee of Purchaser shall assume all obligations of Purchaser hereunder, but Purchaser shall remain primarily liable for the performance of Purchaser’s obligations, (e) a copy of the fully executed written assignment and assumption agreement shall be delivered to Seller at least five (5) Business Days prior to Closing, and (f) the requirements in Section 12.17 are satisfied and (g) such assignment shall in no event delay the Closingsatisfied.