Common use of Conditions Precedent to Closing Clause in Contracts

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 23 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Digital Realty Trust, Inc.), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

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Conditions Precedent to Closing. The obligation of the Lender to make the Loan hereunder is subject to the fulfillment bysatisfaction by Borrower (and Guarantor, or on behalf of, Borrower where applicable) or waiver by Lender in writing of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 13 contracts

Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment byby Borrower, or on behalf of, Borrower or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 8 contracts

Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.), Mezzanine Loan Agreement (Cole Credit Property Trust Inc)

Conditions Precedent to Closing. The Lender’s obligation of Lender to make the Loan hereunder is shall be subject to the fulfillment by, satisfaction or on behalf of, Borrower or Lender’s waiver by Lender in writing of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 6 contracts

Samples: Second Mezzanine Loan Agreement (Morgans Hotel Group Co.), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), First Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Conditions Precedent to Closing. The obligation of the Lender to make close the Loan and make any Advances hereunder is at closing shall be subject to the fulfillment bycondition precedent that the Lender shall have received on or before the Closing Date the following, or on behalf of, Borrower or waiver by Lender of the following conditions precedent no later than each dated the Closing Date; provided, however, that unless a condition precedent shall expressly survive in form and substance satisfactory to the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfiedLender:

Appears in 4 contracts

Samples: Credit and Loan Agreement (Kos Pharmaceuticals Inc), Credit and Loan Agreement (Kos Pharmaceuticals Inc), And Loan Agreement (Kos Pharmaceuticals Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment byby Borrowers, or on behalf of, Borrower or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 4 contracts

Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Lodgian Inc)

Conditions Precedent to Closing. The obligation of Lender Lenders to make the Loan hereunder is subject to the fulfillment by, or on behalf of, Borrower or waiver by Lender Administrative Agent of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender Administrative Agent shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 3 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment byby Borrowers, or on behalf of, Borrower or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent Date (all of which conditions shall expressly survive the Closing Date pursuant to a separate agreement, be deemed satisfied or waived by Lender’s funding of the Loan, Lender shall be deemed unless Borrowers have specifically agreed in writing to have waived any cause such conditions not theretofore fulfilled or satisfied:condition to occur after the Closing Date):

Appears in 3 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Pledge and Security Agreement (MPG Office Trust, Inc.)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, Borrower or waiver by Lender of the following conditions precedent and any other conditions precedent set forth elsewhere in this Agreement or the other Loan Documents no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 2 contracts

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:.

Appears in 2 contracts

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent Date (all of which conditions shall expressly survive the Closing Date pursuant to a separate agreement, be deemed satisfied or waived by Lender’s funding of the Loan, Lender shall be deemed unless Borrower has specifically agreed in writing to have waived any cause such conditions not theretofore fulfilled or satisfied:condition to occur after the Closing Date):

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment byby Borrower, or on behalf of, Borrower or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent Date (all of which conditions shall expressly survive the Closing Date pursuant to a separate agreement, be deemed satisfied or waived by Lender’s funding of the Loan, Lender shall be deemed unless Borrower has specifically agreed in writing to have waived any cause such conditions not theretofore fulfilled or satisfied:condition to occur after the Closing Date):

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Conditions Precedent to Closing. The obligation obligations of Lender under this Agreement, including the obligation to make the Loan hereunder is Loans hereunder, are subject to the fulfillment by, or on behalf of, by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 2 contracts

Samples: Loan Agreement (Nb Capital Corp), Loan Agreement (Nb Capital Corp)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment byby Borrowers, or on behalf of, Borrower or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent Date (all of which conditions shall expressly survive the Closing Date pursuant to a separate agreement, be deemed satisfied or waived by Lender’s funding of the Loan, Lender shall be deemed unless Borrowers have specifically agreed in writing to have waived any cause such conditions not theretofore fulfilled or satisfied:condition to occur after the Closing Date): 39

Appears in 2 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)

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Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:.

Appears in 2 contracts

Samples: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; providedDate and, howeverwith respect to a Subsequent Advance, that unless a condition precedent shall expressly survive on the Subsequent Advance Closing Date pursuant and, with respect to a separate agreement, by funding any other advances of the Initial Loan, Lender shall be deemed to have waived any on the date of such conditions not theretofore fulfilled or satisfied:advance: (a)

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the LoanLoan and recording the Security Instruments, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied; and provided that the funding of the Loan shall be further subject to the terms and conditions set forth in the Funding Letter Agreement:

Appears in 1 contract

Samples: Loan and Security Agreement (Station Casinos Inc)

Conditions Precedent to Closing. The Except as otherwise set forth herein, the obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, by Borrower or waiver by Lender of the following conditions precedent no later than the Closing Date; provided, however, that however unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment by, or on behalf of, Borrower by Borrowers or waiver by Lender of the following conditions precedent precedent, no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions not theretofore fulfilled or satisfied:

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Conditions Precedent to Closing. The obligation of Lender to make the Loan hereunder is subject to the fulfillment byby Borrower, or on behalf of, Borrower or waiver by Lender Lender, of the following conditions precedent no later than the Closing Date; Date provided, however, that unless a condition precedent shall expressly survive the Closing Date pursuant to a separate agreement, by funding the Loan, Lender shall be deemed to have waived any such conditions condition not theretofore therefore fulfilled or satisfied:satisfied (subject to any post-closing letter contrary to such waiver):

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Conditions Precedent to Closing. The following conditions precedent to the obligation of Lender to make the Loan hereunder is subject to the fulfillment were either fulfilled by, or on behalf of, Borrower or waiver waived by Lender as of the following conditions precedent no later than the Closing Date; provided, however, that unless a condition precedent shall expressly survive survived the Closing Date pursuant to a separate agreement, by funding the LoanLoan and recording the Security Instruments, Lender shall be is deemed to have waived any such conditions not theretofore fulfilled or satisfied; and provided that the funding of the Loan was further subject to the terms and conditions set forth in the Funding Letter Agreement:

Appears in 1 contract

Samples: Loan and Security Agreement (Station Casinos Inc)

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