Common use of Company Not an “Investment Company Clause in Contracts

Company Not an “Investment Company. The Company is familiar with the Investment Company Act of 1940, as amended, and the rules and regulations thereunder, and will in the future conduct its and the Operating Partnership’s affairs, in such a manner and will use its commercially reasonable best efforts to ensure that the Company and the Operating Partnership will not be an “investment company” within the meaning of the Investment Company Act of 1940 and the rules and regulations thereunder.

Company Not an “Investment Company. The Company is familiar with has been advised of the rules and requirements under the Investment Company Act of 1940, as amended, and amended (the rules and regulations thereunder“Investment Company Act”). The Company is not, and will not be, either after receipt of payment for the Offered Shares or after the application of the proceeds therefrom as described under “Use of Proceeds” in the future conduct its and the Operating Partnership’s affairseach Applicable Prospectus, in such a manner and will use its commercially reasonable best efforts to ensure that the Company and the Operating Partnership will not be an “investment company” within the meaning of Investment Company Act and will conduct its business in a manner so that it will not become subject to the Investment Company Act of 1940 and the rules and regulations thereunderAct.

Company Not an “Investment Company. The Each of the Company and the Operating Partnerships is familiar with the Investment Company 1940 Act of 1940, as amended, and the rules and regulations thereunder, thereunder and will in the future conduct its and the Operating Partnershipeach Subsidiary’s affairs, affairs in such a manner manner, and will use its commercially reasonable best efforts efforts, to ensure that the Company and the each such Operating Partnership and Subsidiary will not be an “investment company” within the meaning of the Investment Company 1940 Act of 1940 and the rules and regulations thereunder.

Company Not an “Investment Company. The Company is familiar with the Investment Company Act of 1940, as amended, and the rules and regulations thereunder, and will in the future conduct its and the Operating PartnershipManager’s affairs, in such a manner and will use its commercially reasonable best efforts to ensure that the Company and the Operating Partnership Manager will not be an “investment company” within the meaning of the Investment Company Act of 1940 and the rules and regulations thereunder.

Company Not an “Investment Company. The Each of the Company and the Operating Partnerships is familiar with the Investment Company 1940 Act of 1940, as amended, and the rules and regulations thereunder, thereunder and will in the future conduct its and the Operating Partnership’s affairs, each Subsidiary's affairs in such a manner manner, and will use its commercially reasonable best efforts efforts, to ensure that the Company and the each such Operating Partnership and Subsidiary will not be an “investment company” within the meaning of the Investment Company 1940 Act of 1940 and the rules and regulations thereunder.

Company Not an “Investment Company. The Each of the Company and the Operating Partnership is familiar with the Investment Company 1940 Act of 1940, as amended, and the rules and regulations thereunder, thereunder and will in the future conduct its and the Operating Partnership’s affairs, each of its Subsidiaries’ affairs in such a manner manner, and will use its commercially reasonable their best efforts efforts, to ensure that the Company and the each such Operating Partnership and Subsidiary will not be an “investment company” within the meaning of the Investment Company 1940 Act of 1940 and the rules and regulations thereunder.