Common use of Conditions of the Placement Agent’s Obligations Clause in Contracts

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, Company and the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or Company, the Operating Partnership, Partnership or any subsidiary of the Company or the Operating Partnership, their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The Placement Agent’s obligations to act as agent of the Placement Agent Company hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties of on the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer part of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereofherein contained, to the performance by the Company and of all its agreements herein contained, to the Operating Partnership fulfillment of its or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations Placement Agent's obligation to act as the agent of the Company hereunder, and the Placement Agent hereunder with respect Agent's obligation to a Placement will use its best efforts to find purchasers for the Units, shall be subject to the continuing accuracy satisfactory completion of its due diligence examination and completeness the accuracy, as of each Issuance Date, of the representations and warranties of on the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer part of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereofherein contained, to the performance by the Company and of all its agreements herein contained, to the Operating Partnership fulfillment of its or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and Company, the Operating Partnership and the Manager of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, Company and the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, Partnership delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and Company, the Operating Partnership and the Manager of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager Company contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership Company and the Manager contained in this Agreement or in certificates of any officer of the Company or Company, the Operating Partnership, Manager or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership Manager of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership Company and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating PartnershipManager (whether signed on behalf of such officer, the Company or such subsidiary or the Manager) or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership Manager of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager Company contained in this Agreement or in certificates of any officer of the Company or Company, including the Operating Partnershipform of certificate set forth in Exhibit D attached hereto, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and 20 completeness of the representations and warranties of the Company, the Operating Partnership and the Manager Company contained in this Agreement or in certificates of any officer of the Company or Company, including the Operating Partnershipform of certificate set forth in Exhibit E attached hereto, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will shall be subject to the continuing continued accuracy and completeness in all material respects throughout the Offering Period of the representations representations, warranties, and warranties of the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer agreements of the Company or and the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereofTrust, to the performance in all material respects by the Company and the Operating Partnership Trust of its covenants their obligations hereunder and other obligations hereunder, as contained in the Registration Statement and the Prospectus and at the date of Closing to the following further terms and conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager Company contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary Subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the satisfaction (or waiver by the Placement Agent in its sole discretion) of the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations Placement Agents’ respective obligation to act as an agent of the Company hereunder, and the Placement Agent hereunder with respect Agents’ respective obligation to a Placement will use their best efforts to find purchasers for the Units, shall be subject to the continuing accuracy satisfactory completion of their due diligence examination and completeness the accuracy, as of each Issuance Date, of the representations and warranties of on the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer part of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereofherein contained, to the performance by the Company and of all its agreements herein contained, to the Operating Partnership fulfillment of its or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations Placement Agent’s obligation to act as the agent of the Company hereunder, and the Placement Agent hereunder with respect Agent’s obligation to a Placement will use its best efforts to find purchasers for the Units, shall be subject to the continuing accuracy and completeness accuracy, in all material respects, as of each Issuance Date, of the representations and warranties of on the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer part of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereofherein contained, to the performance by the Company and in all material respects of all its agreements herein contained, to the Operating Partnership fulfillment of its or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The Placement Agents' obligations to act as agent of the Placement Agent Companies hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of the Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereofCompanies herein contained, to the performance by the Company and Companies of all their agreements herein contained, to the Operating Partnership fulfillment of its or compliance by the Companies with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company, the Operating Partnership and the Manager Company contained in this Agreement or in certificates of any officer of the Company or the Operating Partnership, or any subsidiary of the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its covenants and other obligations hereunder, to the completion by the Placement Agent of a due diligence review satisfactory to the Placement Agent, and to the continuing satisfaction of the following further conditions: