Second Closing. In the case of the Second Closing, the transactions contemplated herein with respect to the First Closing shall have been consummated, except to the extent of any failure of such transactions so to have been consummated that was caused by any failure of any Purchaser to perform its obligations hereunder.
Appears in 5 contracts
Samples: Master Note Purchase Agreement (Istar Inc.), Note Purchase Agreement (Silver Point Specialty Lending Fund), Note Purchase Agreement (SmartStop Self Storage REIT, Inc.)
Second Closing. In the case of the Second second Closing, the transactions contemplated herein with respect to the First first Closing shall have been consummatedconsummated in accordance with the terms and provisions hereof, except to the extent of any failure of such transactions so to have been consummated that was caused by any failure of any Purchaser to perform its obligations hereunder.
Appears in 3 contracts
Samples: Paying Agent Agreement (Essex Property Trust Inc), Master Note Purchase Agreement (Crescent Capital BDC, Inc.), Master Note Purchase Agreement (Crescent Capital BDC, Inc.)
Second Closing. In the case of the Second Closing, the transactions contemplated herein with respect to the First Closing shall have been consummatedconsummated in accordance with the terms and provisions hereof, except to the extent of any failure of such transactions so to have been consummated that was caused by any failure of any Purchaser to perform its obligations hereunder.
Appears in 1 contract
Samples: General Partner Guaranty Agreement (Kilroy Realty, L.P.)