Common use of Good Standing of the Company Clause in Contracts

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 16 contracts

Samples: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)

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Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland (the “SDAT”) and has the real estate investment trust requisite power and authority to own, lease and operate its properties Properties and to conduct its business as described in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified to transact business as a foreign trust to transact business entity and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except in each case where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 14 contracts

Samples: Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT), Equity Distribution Agreement (Whitestone REIT)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and validly existing and in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment Maryland, with full trust power and authority to own, own and lease and operate its properties and to conduct its business as described in the General Registration Statement, the Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified or registered as a foreign real estate investment trust to transact business and is in good standing in each other jurisdiction in which such qualification or registration is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 10 contracts

Samples: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under under, or as contemplated under, this Underwriting Agreement; and the . The Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 7 contracts

Samples: Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (Hospitality Properties Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland (the “SDAT”) and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 7 contracts

Samples: Underwriting Agreement (CommonWealth REIT), Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust organization to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 6 contracts

Samples: Underwriting Agreement (RAIT Financial Trust), Underwriting Agreement (RAIT Financial Trust), Underwriting Agreement (RAIT Financial Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment trust requisite power and authority to own, lease and operate its properties and to conduct its business as described in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect. Complete and correct copies of the declaration of trust and of the bylaws of the Company and all amendments thereto have been made available to Xxxxxxx Xxxxx.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and existing under the laws of the State of Maryland in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment (“SDAT”), with trust power and authority to own, lease and operate its properties and to conduct its business substantially as described in the General Disclosure Package and the Final Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust organization to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in have a Material Adverse Effect.Effect on the Company and its subsidiaries taken as a whole;

Appears in 5 contracts

Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Lp)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland (the “SDAT”) and has the real estate investment trust power and authority to own, lease and operate its properties (including, without limitation, the Initial Properties) and to conduct its business as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Purchase Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income REIT), Underwriting Agreement (Select Income REIT)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and validly existing and in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment Maryland, with full trust power and authority to own, own and lease and operate its properties and to conduct its business as described in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified or registered as a foreign real estate investment trust to transact business and is in good standing in each other jurisdiction in which such qualification or registration is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (LaSalle Hotel Properties), Equity Distribution Agreement (LaSalle Hotel Properties)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and Maryland, has the real estate investment trust all power and authority to own, lease and operate its properties and to properties, conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; , and the Company is duly qualified as a foreign trust entity to transact business and business. The Company is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not reasonably be expected to, singly or in the aggregate, result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment trust requisite power and authority to own, lease and operate its properties and to conduct its business as described in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect. Complete and correct copies of the declaration of trust and of the bylaws of the Company and all amendments thereto have been made available to Xxxxx Fargo.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus Prospectus, and to enter into and perform its obligations under under, or as contemplated under, this Agreement; and the . The Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (Hospitality Properties Trust), Hospitality Properties Trust

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and Maryland, has the real estate investment trust all power and authority to own, lease and operate its properties and to properties, conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; Agreement and the Company any Confirmation, and is duly qualified as a foreign trust entity to transact business and business. The Company is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not reasonably be expected to, singly or in the aggregate, result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Terms Agreement (Americold Realty Operating Partnership, L.P.), Equity Offering Sales Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and existing under the laws of the State of Maryland in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment (“SDAT”), with trust power and authority to own, lease and operate its properties and to conduct its business substantially as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust organization to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in have a Material Adverse Effect.Effect on the Company and its subsidiaries taken as a whole;

Appears in 3 contracts

Samples: Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust), Underwriting Agreement (Vornado Realty Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and existing under the laws of the State of Maryland in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment (“SDAT”), with trust power and authority to own, lease and operate its properties and to conduct its business substantially as described in the General Disclosure Package and the Final Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust organization to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in have a Material Adverse EffectEffect on the Company and its subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp)

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Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under under, or as contemplated under, this Underwriting Agreement; and the . The Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in a Material Adverse Effect; and the Articles Supplementary relating to the Preferred Shares will be in full force and effect as of the Closing Time.

Appears in 2 contracts

Samples: Hospitality Properties Trust, Hospitality Properties Trust

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust Maryland, with full power and authority to ownown or lease, lease as the case may be, its properties and to operate its properties and to conduct its business as described disclosed in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the . The Company is duly qualified as a foreign trust to transact do business and is in good standing as a foreign entity in each all other jurisdiction jurisdictions in which such qualification is required, whether by reason of the its ownership or leasing lease of property or the operation of its properties or the conduct of businessits business requires such qualification, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Urban Edge Properties), Equity Distribution Agreement (Urban Edge Properties LP)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust Maryland, with full power and authority to ownown or lease, lease as the case may be, its properties and to operate its properties and to conduct its business as described in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the . The Company is duly qualified as a foreign trust to transact do business and is in good standing as a foreign entity in each all other jurisdiction jurisdictions in which such qualification is required, whether by reason of the its ownership or leasing lease of property or the operation of its properties or the conduct of businessits business requires such qualification, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (Urban Edge Properties)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and existing under the laws of the State of Maryland in good standing with the State Department of Assessments and Taxation of Maryland and has the real estate investment ("SDAT"), with trust power and authority to own, lease and operate its properties and to conduct its business substantially as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust organization to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in have a Material Adverse Effect.Effect on the Company and its subsidiaries taken as a whole;

Appears in 1 contract

Samples: Underwriting Agreement (Vornado Realty Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under under, or as contemplated under, this Agreement; and the . The Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Hospitality Properties Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust Maryland, with full power and authority to ownown or lease, lease as the case may be, its properties and to operate its properties and to conduct its business as described in the General Disclosure Package Registration Statement, the Pricing Prospectus and the Final Prospectus and to enter into and perform its obligations under this Agreement; and the . The Company is duly qualified as a foreign trust to transact do business and is in good standing as a foreign entity in each all other jurisdiction jurisdictions in which such qualification is required, whether by reason of the its ownership or leasing lease of property or the operation of its properties or the conduct of businessits business requires such qualification, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Urban Edge Properties LP)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with the State Department of Assessments and Taxation of Maryland (the “SDAT”) and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Government Properties Income Trust)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust duly formed and validly existing and in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment Maryland, with full trust power and authority to own, own and lease and operate its properties and to conduct its business as described in the General Disclosure Package Registration Statement and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified or registered as a foreign real estate investment trust to transact business and is in good standing in each other jurisdiction in which such qualification or registration is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure to so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (LaSalle Hotel Properties)

Good Standing of the Company. The Company has been duly organized and is validly existing as a real estate investment trust in good standing with under the laws of the State Department of Assessments and Taxation of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the Registration Statement, the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified as a foreign trust corporation to transact business and is in good standing in each other jurisdiction in which such qualification is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Physicians Realty Trust)

Good Standing of the Company. The Company has been duly organized formed ---------------------------- and is validly existing as a statutory real estate investment trust in good standing with under the State Department laws of Assessments and Taxation the state of Maryland and has the real estate investment trust power and authority to own, lease and operate its properties and to conduct its business as described in the General Disclosure Package and the Prospectus and to enter into and perform its obligations under this Agreement; and the Company is duly qualified and registered as a foreign real estate investment trust to transact business and is in good standing in each other jurisdiction in which such qualification or registration is required, whether by reason of the ownership or leasing of property or the conduct of business, except where the failure so to qualify or to be in good standing would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Nationwide Health Properties Inc

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