Common use of Conditions of the Underwriters’ Obligations Clause in Contracts

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 1(a) hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on the Closing Date, of the representations and warranties of the Company General Partner and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofherein, to the performance by each of the Company General Partner and the Operating Partnership of its covenants and other their respective obligations hereunder, and to each of the following further additional terms and conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject subject, in the Representative's sole discretion, to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofOriginators herein contained, to the performance by each of the Company and the Operating Partnership Originators of its covenants and other their respective obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on the applicable Delivery Date, of the representations and warranties of the Company General Partner and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofherein, to the performance by each of the Company General Partner and the Operating Partnership of its covenants and other their respective obligations hereunder, and to each of the following further additional terms and conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Selling Shareholder contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or any of its subsidiaries or on behalf of the Operating Partnership Selling Shareholder delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Selling Shareholder of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized other representative of the Company or the Operating Partnership and delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Issuer contained herein and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company Issuer or the Operating Partnership any of its subsidiaries, delivered pursuant to the provisions hereof, to the performance by each of the Company and Issuer by or at the Operating Partnership Closing Time, of its covenants and other obligations hereundercontained herein, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Selling Shareholders contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership each Selling Shareholder of its respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or any of the Operating Partnership Subsidiaries and delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters each Underwriter hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained in Section 1 hereof Adviser on the date hereof, at the Closing Time and any Secondary Closing Time, as applicable, (ii) the accuracy of the statements of the Company’s officers made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered certificate pursuant to the provisions hereofhereof as of the date of such certificate, to (iii) the performance by each of the Company and the Operating Partnership of all of its covenants and other obligations hereunderhereunder in all material respects, and to (iv) the following further other conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are will be subject to the accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or any of its Subsidiaries of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any of its subsidiaries the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunderhereunder that are required to be performed or satisfied by it prior to Closing Time, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made hereof, including those contained in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Bank contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Manager contained in Section 1 1(a) and Section 1(b) hereof as of the date hereof, the Applicable Time and the accuracy of the statements made Closing Time or in certificates of any officer or authorized other representative of the Company Company, the Manager or the Operating Partnership any of their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any Subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The Underwriters’ obligations of to purchase and pay for the several Underwriters hereunder Shares pursuant to the terms hereof are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Guarantors contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company Company, the Guarantors or the Operating Partnership any of their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Guarantors of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Operating Partnership and the Operating Partnership Company contained in Section 1 hereof and the accuracy of the statements made or in certificates of any partner of the Operating Partnership or any officer or authorized representative of the Company or the Operating Partnership any Xxxxxxxxxx delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership and the Company of its covenants and other their respective obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any Subsidiary or any partner of the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other their respective obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Bank contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership Company, delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company Operating Partnership and the Operating Partnership Company contained in Section 1 hereof and the accuracy of the statements made or in certificates of any partner of the Operating Partnership or any officer or authorized representative of the Company or the Operating Partnership any Subsidiary delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership and the Company of its covenants and other their respective obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each the Company of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Selling Shareholder contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each the Company of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy herein as of the statements made date hereof, the Applicable Time, the Closing Time and each Date of Delivery (if any), or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer member of the supervisory or authorized representative management board of the Company or the Operating Partnership Subsidiary delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Securities pursuant to the terms hereof are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 1(a) hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made hereof, including those contained in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on the Delivery Date, of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofherein, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to each of the following further additional terms and conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each the Company of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made this Agreement or in certificates of any officer or authorized representative of the Company or Company, the Operating Partnership or any Subsidiary delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 1(a) hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder Underwriter under this Agreement are subject subject, in the Underwriter's reasonable discretion, to the accuracy of and compliance with the representations and warranties and agreements of the Company herein as of the Effective Date and as of the Closing Dates, to the accuracy of the representations and warranties written statements of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, hereunder and to the following further additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy herein as of the statements made date hereof, the Applicable Time, the Closing Time and each Date of Delivery (if any), or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Notes pursuant to the terms hereof are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 1(a) hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership any Subsidiary delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The Underwriters’ obligations of to purchase and pay for the several Underwriters hereunder Notes pursuant to the terms hereof are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of ------------------------------------------- the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Bank contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership Bank or any of its subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Bank of its covenants and other their obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofherein contained, to the performance by each of the Company and the Operating Partnership Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any Subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made herein or in certificates of any officer or authorized representative of the Company or the Operating Partnership any of its Subsidiaries delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Manager contained in Section 1 hereof and the accuracy herein as of the statements made date hereof, the Applicable Time, the Closing Time and each Date of Delivery (if any), or in certificates of any officer or authorized representative of the Company or the Operating Partnership Manager delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of -------------------------------------------- the several Underwriters hereunder are subject to the accuracy of the respective representations and warranties of the Company Company, ICCC, the Manager and the Operating Partnership IMH contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofherein, to the performance by each such parties of the Company and the Operating Partnership of its covenants and other their respective obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Bank contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Manager contained in Section 1 1(a) and Section 1(b) hereof as of the date hereof, the Applicable Time and the accuracy of the statements made Closing Time or in certificates of any officer or authorized other representative of the Company or any of its subsidiaries or the Operating Partnership Manager delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Selling Shareholders contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company or on behalf of any Selling Shareholder delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership Selling Shareholders of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on the Closing Date, of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made in certificates of any officer or authorized representative of the Company or the Operating Partnership delivered pursuant to the provisions hereofherein, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to each of the following further additional terms and conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership Transaction Entities contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company Transaction Entities or the Operating Partnership any Subsidiary thereof delivered pursuant to the provisions hereof, to the performance by each the Transaction Entities of the Company and the Operating Partnership of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Underwriters’ Obligations. The obligations of ------------------------------------------- the several Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained in Section 1 hereof and the accuracy of the statements made or in certificates of any officer or authorized representative of the Company or any subsidiary of the Operating Partnership Company delivered pursuant to the provisions hereof, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions: