Common use of Existing Property Closing Date Clause in Contracts

Existing Property Closing Date. The Contribution Agreement is hereby amended by deleting the first sentence of Section 7.1.1 thereof in its entirety and inserting the following in lieu thereof: “Subject to the provisions of this Agreement, the Closing with respect to all of the Existing Properties shall take place concurrently on April 1, 2008 or such other date as the parties hereto may agree; provided, however, that (a) the Closing of the Contribution Transaction relating to the Property leased by Green LLC shall take place on May 1, 2008, (b) the Closing of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall take place on May 29, 2008, (c) the Closing of the Contribution Transactions relating to the Property owned by Vista LLC shall take place on October 31, 2008, (d) the Closing of the Contribution Transaction relating to the Property leased by Terrace LLC shall take place on December 1, 2008 or such earlier date as the parties hereto may agree, and (e) the Closing of the Contribution Transaction relating to the Property leased by Liliha LP shall take place on January 30, 2009. Notwithstanding anything to the contrary contained in Sections 7.1.3 and 7.5.1 hereof, (i) the Closing Date of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall be deemed to have occurred on June 1, 2008, for purposes of any and all adjustments and prorations hereunder, (ii) the Closing Date of the Contribution Transactions relating to the Property owned by Vista LLC shall be deemed to have occurred on November 1, 2008, for purposes of any and all adjustments and prorations hereunder, and (iii) the Closing Date of the Contribution Transaction relating to the Property leased by Liliha LP shall be deemed to have occurred on February 1, 2009, for purposes of any and all adjustments and prorations hereunder.”

Existing Property Closing Date. The Contribution Agreement is hereby amended by deleting the first sentence of Section 7.1.1 thereof in its entirety and inserting the following in lieu thereof: “Subject to the provisions of this Agreement, the Closing with respect to all of the Existing Properties shall take place concurrently on April 1, 2008 or such other date as the parties hereto may agree; provided, however, that (a) the Closing of the Contribution Transaction relating to the Property leased by Green LLC shall take place on May 1, 2008, (b) the Closing of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall take place on May 29, 2008, (c) the Closing of the Contribution Transactions relating to the Property owned by Vista LLC shall take place on October 31, 2008, (d) the Closing of the Contribution Transaction relating to the Property leased by Terrace LLC shall take place on December October 1, 2008 or such earlier date as the parties hereto may agree2008, and (ed) the Closing of the Contribution Transaction Transactions relating to the Property owned by Vista LLC and the Property leased by Liliha LP shall take place on January 30November 1, 20092008. Notwithstanding anything to the contrary contained in Sections 7.1.3, 7.5.1 and 16.18 hereof, to the extent that any of the dates specified in the preceding sentence fall on a Saturday, Sunday or legal holiday, the Closing shall take place on the next Business Day, provided that, for purposes of any and all adjustments and prorations hereunder, the Closing Date shall be deemed to have occurred on the dates specified in the preceding sentence. Notwithstanding anything to the contrary contained in Sections 7.1.3 and 7.5.1 hereof, (i) the Closing Date of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall be deemed to have occurred on June 1, 2008, for purposes of any and all adjustments and prorations hereunder, (ii) the Closing Date of the Contribution Transactions relating to the Property owned by Vista LLC shall be deemed to have occurred on November 1, 2008, for purposes of any and all adjustments and prorations hereunder, and (iii) the Closing Date of the Contribution Transaction relating to the Property leased by Liliha LP shall be deemed to have occurred on February 1, 2009, for purposes of any and all adjustments and prorations hereunder.”

Existing Property Closing Date. The Contribution Agreement is hereby amended by deleting the first sentence of Section 7.1.1 thereof in its entirety and inserting the following in lieu thereof: “Subject to the provisions of this Agreement, the Closing with respect to all of the Existing Properties shall take place concurrently on April 1, 2008 or such other date as the parties hereto may agree; provided, however, that (a) the Closing of the Contribution Transaction relating to the Property leased by Green LLC shall take place on May 1, 2008, (b) the Closing of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall take place on May 29, 2008, (c) the Closing of the Contribution Transactions relating to the Property owned by Vista LLC shall take place on October 31, 2008, (d) the Closing of the Contribution Transaction relating to the Property leased by Terrace LLC shall take place on December August 1, 2008 or such earlier date as the parties hereto may agree2008, and (ed) the Closing of the Contribution Transaction Transactions relating to the Property owned by Vista LLC and the Property leased by Liliha LP shall take place on January 30November 1, 20092008. Notwithstanding anything to the contrary contained in Sections 7.1.3, 7.5.1 and 16.18 hereof, to the extent that any of the dates specified in the preceding sentence fall on a Saturday, Sunday or legal holiday, the Closing shall take place on the next Business Day, provided that, for purposes of any and all adjustments and prorations hereunder, the Closing Date shall be deemed to have occurred on the dates specified in the preceding sentence. Notwithstanding anything to the contrary contained in Sections 7.1.3 and 7.5.1 hereof, (i) the Closing Date of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall be deemed to have occurred on June 1, 2008, for purposes of any and all adjustments and prorations hereunder, (ii) the Closing Date of the Contribution Transactions relating to the Property owned by Vista LLC shall be deemed to have occurred on November 1, 2008, for purposes of any and all adjustments and prorations hereunder, and (iii) the Closing Date of the Contribution Transaction relating to the Property leased by Liliha LP shall be deemed to have occurred on February 1, 2009, for purposes of any and all adjustments and prorations hereunder.”

Existing Property Closing Date. The Contribution Agreement is hereby amended by deleting the first sentence of Section 7.1.1 thereof in its entirety and inserting the following in lieu thereof: “Subject to the provisions of this Agreement, the Closing with respect to all of the Existing Properties shall take place concurrently on April 1, 2008 or such other date as the parties hereto may agree; provided, however, that (a) the Closing of the Contribution Transaction relating to the Property leased by Green LLC shall take place on May 1, 2008, (b) the Closing of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall take place on May 29, 2008, (c) the Closing of the Contribution Transactions relating to the Property owned by Vista LLC shall take place on October 31, 2008, (d) the Closing of the Contribution Transaction relating to the Property leased by Terrace LLC shall take place on December September 1, 2008 or such earlier date as the parties hereto may agree2008, and (ed) the Closing of the Contribution Transaction Transactions relating to the Property owned by Vista LLC and the Property leased by Liliha LP shall take place on January 30November 1, 20092008. Notwithstanding anything to the contrary contained in Sections 7.1.3, 7.5.1 and 16.18 hereof, to the extent that any of the dates specified in the preceding sentence fall on a Saturday, Sunday or legal holiday, the Closing shall take place on the next Business Day, provided that, for purposes of any and all adjustments and prorations hereunder, the Closing Date shall be deemed to have occurred on the dates specified in the preceding sentence. Notwithstanding anything to the contrary contained in Sections 7.1.3 and 7.5.1 hereof, (i) the Closing Date of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall be deemed to have occurred on June 1, 2008, for purposes of any and all adjustments and prorations hereunder, (ii) the Closing Date of the Contribution Transactions relating to the Property owned by Vista LLC shall be deemed to have occurred on November 1, 2008, for purposes of any and all adjustments and prorations hereunder, and (iii) the Closing Date of the Contribution Transaction relating to the Property leased by Liliha LP shall be deemed to have occurred on February 1, 2009, for purposes of any and all adjustments and prorations hereunder.”

Existing Property Closing Date. The Contribution Agreement is hereby amended by deleting the first sentence of Section 7.1.1 thereof in its entirety and inserting the following in lieu thereof: “Subject to the provisions of this Agreement, the Closing with respect to all of the Existing Properties shall take place concurrently on April 1, 2008 or such other date as the parties hereto may agree; provided, however, that (a) the Closing of the Contribution Transaction relating to the Property leased by Green LLC shall take place on May 1, 2008, (b) the Closing of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall take place on May 29, 2008, (c) the Closing of the Contribution Transactions relating to the Property owned by Vista LLC shall take place on October 31, 2008, (d) the Closing of the Contribution Transaction relating to the Property leased by Terrace LLC shall take place on December July 1, 2008 or such earlier date as the parties hereto may agree2008, and (ed) the Closing of the Contribution Transaction Transactions relating to the Property owned by Vista LLC and the Property leased by Liliha LP shall take place on January 30November 1, 20092008. Notwithstanding anything to the contrary contained in Sections 7.1.3, 7.5.1 and 16.18 hereof, to the extent that any of the dates specified in the preceding sentence fall on a Saturday, Sunday or legal holiday, the Closing shall take place on the next Business Day, provided that, for purposes of any and all adjustments and prorations hereunder, the Closing Date shall be deemed to have occurred on the dates specified in the preceding sentence. Notwithstanding anything to the contrary contained in Sections 7.1.3 and 7.5.1 hereof, (i) the Closing Date of the Contribution Transaction relating to the Property leased by Hillsboro LLC shall be deemed to have occurred on June 1, 2008, for purposes of any and all adjustments and prorations hereunder, (ii) the Closing Date of the Contribution Transactions relating to the Property owned by Vista LLC shall be deemed to have occurred on November 1, 2008, for purposes of any and all adjustments and prorations hereunder, and (iii) the Closing Date of the Contribution Transaction relating to the Property leased by Liliha LP shall be deemed to have occurred on February 1, 2009, for purposes of any and all adjustments and prorations hereunder.”