REIT Merger Agreement definition

REIT Merger Agreement means either that certain merger agreement by and among the Company and the Fund II REITS, dated April 25, 2011 or that certain merger agreement by and among the Company and the Fund III REITs, dated April 25, 2011.

REIT Merger Agreement has the meaning as set forth in the Recitals.

REIT Merger Agreement means the merger agreement to be entered into between Host Marriott and Host REIT in connection with the REIT Merger.

Examples of REIT Merger Agreement in a sentence

• This Agreement may be amended by appropriate instrument, without the consent of any Forward REIT Merger Entity, at any time prior to the Effective Time; provided, that no such amendment, modification or supplement shall be made that alters the amount or changes the form of the consideration to be delivered to a Forward REIT Merger Agreement Entity, without the prior written consent of the Forward REIT Merger Agreement Entity adversely affected by such proposed amendment, modification or supplement.

• Iterations within the design process are identified and design activities are scheduled to provide an optimized order of tasks.

• The REIT Merger shall have occurred substantially contemporaneous with (but immediately following) the Closing on the terms set forth in the REIT Merger Agreement.

• GNL and RTL shall not waive, amend or modify the condition set forth in Section 7.1(e) of the REIT Merger Agreement in effect as of the date hereof.

• In addition, notwithstanding anything to the contrary in this Agreement, the REIT Merger Agreement, or any of the Contracts listed on Schedule 6.5, each of the provisions related to indemnification set forth in each of the Contracts listed on Schedule 6.5 shall survive the mergers.

• This Agreement, the Company Disclosure Schedule, the Confidentiality Agreement, the Ancillary Agreements and, for the purposes of Section 5.15 and Section 7.01(f), Section 7.04 of the REIT Merger Agreement, constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, among the parties, or any of them, with respect to the subject matter hereof (including the Guarantor).

• All material conditions precedent to the consummation of the REIT Merger as contained in the REIT Merger Agreement shall have been satisfied or waived with the consent of the Administrative Agent.

• This Agreement and the Option granted hereunder shall terminate immediately upon termination of the REIT Merger Agreement.

• This Agreement and the Options granted hereunder shall terminate immediately upon termination of the REIT Merger Agreement.

• The affirmative vote (by written -------------------------- consent or otherwise) of at least 90% of the outstanding Duke common OP Units is the only vote of the holders of any interest in Duke OP necessary (under applicable law or otherwise) to approve the REIT Merger, the REIT Merger Agreement, the OP Merger, the OP Merger Agreement and the transactions contemplated hereby and thereby (the "Duke OP Approvals").

More Definitions of REIT Merger Agreement

REIT Merger Agreement means the Agreement and Plan of Merger by and among the Company, HMC and Host LP, to be executed in connection with the REIT Conversion.