Performance by the Operating Partnership Clause Samples

Performance by the Operating Partnership. Except as would not have an OP Material Adverse Effect, the Operating Partnership shall have performed all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing Date.
Performance by the Operating Partnership. The Operating Partnership shall have performed in all material respects each of the agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing Date.
Performance by the Operating Partnership. The Operating Partnership shall have performed in all material respects all agreements and covenants required by this Agreement to be performed or complied with by them on or prior to the Closing Date (except those for which the failure to perform would not have a material adverse effect on the ability of the Contributors to consummate the transactions contemplated by this Agreement). The Contributor, IIT Advisor and Replacement New Advisor intend to treat Replacement New Advisor for federal income tax purposes as a tax continuation of IIT Advisor.