Common use of Representations and Warranties by the Company and the Operating Partnership Clause in Contracts

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership each, jointly severally and severallyjointly, represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each Underwriter the Underwriters as of the date hereof, the Applicable Time, as of the Closing Time Date referred to in Section 2(c) hereof, and as of each Option Closing Date (as defined belowif any) and any Date of Delivery (as defined below)referred to in Section 2(b) hereof, and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(i)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below), if any, referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time referred to in Section 1(a)(ii) hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined belowreferred to in Section 2(b) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter Underwriter, the Forward Purchaser and the Forward Seller as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, the Forward Purchaser and the Forward Seller, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable Time, Time and the Closing Time (as defined belowherein) and any Date of Delivery (as defined below), and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(i)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership , jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, represents severally represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time referred to in Section 1(a)(ii) hereof and as of the Closing Time, the Closing Time (and as defined below) and any of each Date of Delivery (as defined belowif any), and agrees with each the Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly Partnership represent and severally, represents and warrants warrant to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees agree with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each the Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each the Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable TimeInitial Sale Time (as defined in Section 1(a)(ii)), the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any) and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of at the date hereof, the Applicable Time, the Closing Time (as defined belowin Section 2(c)) and any Date of Delivery (as defined belowin Section 2(b)), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating PartnershipPartnership represents and warrants, jointly and severally, represents and warrants to each Underwriter the Representatives, as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter Underwriter, as of the date hereof, as of the Applicable Time, as of the Closing Time (as defined in Section 2(b) below) and any Date as of Delivery each Additional Closing Time (as defined in Section 2(a) below), if any (in each case, a “Representation Date”), and agrees agree with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any each Date of Delivery (as defined below), if any, and agrees agree with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, Partnership each severally represents and warrants to each Underwriter Xxxxxxx Xxxxx, as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, Partnership jointly and severallyseverally represent and warrant to Xxxxxxx Xxxxx, represents and warrants to each Underwriter as of the date hereof, and to each Underwriter named in the Applicable Timeapplicable Terms Agreement, as of the date thereof, as of the Closing Time (as defined below) and any and, if applicable, as of each Date of Delivery (as defined below) (in each case, a "Representation Date"), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, Partnership represents and warrants to each Underwriter as of the date hereof, the Applicable Time, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each such Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter Underwriter, as of the date hereof, the Applicable Time, the Closing Time (as defined in Section 2(b) below) and any Date of Delivery Option Closing Time (as defined in Section 2(a) below) (in each case, a “Representation Date”), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, Partnership jointly and severally, severally represents and warrants to each Underwriter as of the Underwriters at the date hereof, the Applicable Time, the Closing Time (as defined belowherein) and any Date of Delivery (as defined below), the Closing Time and agrees with each Underwriterthe Underwriters, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each the Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each the Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time and the Closing Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees agree with each Underwriter, as follows:: (i)

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter Underwriter, as of the date hereof, as of the Applicable TimeTime (as defined below), as of the Closing Time (as defined in Section 2(b) below) and any Date as of Delivery each Additional Closing Time (as defined in Section 2(a) below), if any (in each case, a “Representation Date”), and agrees agree with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating PartnershipPartnership , jointly and severally, represents represent and warrants warrant to each Underwriter as of the date hereof, the Applicable Time, Time and the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable Time, Time and as of the Closing Time (as defined belowreferred to in Section 2(g) and any Date of Delivery (as defined below)hereof, and agrees with each Underwriter, Underwriter as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter the Underwriter, as of the date hereof, as of the Applicable Time, the Closing Time (as defined below) and any Date as of Delivery the Closing Time (as defined in Section 2(b) below) (in each case, a “Representation Date”), and agrees agree with each the Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, as of the Applicable TimeTime referred to in Section 1(a)(i) hereof, as of the Closing Time (referred to in Section 2(c) hereof, and as defined below) and any of each Date of Delivery (as defined below)if any) referred to in Section 2(b) hereof, and agrees with each Underwriter, as follows:

Representations and Warranties by the Company and the Operating Partnership. Each of the The Company and the Operating Partnership, jointly and severally, represents represent and warrants warrant to each Underwriter of the Underwriters as of the date hereof, the Applicable Time, hereof and as of the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each UnderwriterTime, as follows: