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. The Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxxxx Xxxxx as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o), as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) and as of each Settlement Date, and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 6 contracts

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

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Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxxxx Xxxxx as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement DateDate (as defined below), and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 4 contracts

Samples: Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership), Equity Distribution Agreement (Colonial Realty Limited Partnership)

Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxxxx Xxxxx as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement Date, and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 4 contracts

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

Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each Partnership, jointly and severally represents severally, represent and warrants warrant to Xxxxxxx Xxxxx Xxxxxxxxxx Securities as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement DateDate (as defined below), and agrees with Xxxxxxx XxxxxXxxxxxxxxx Securities, as follows:

Appears in 2 contracts

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

Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxxxx Xxxxx [ ] as of the date hereof and as of each Representation Date (as defined belowin Section 7(n)) on which a certificate is required to be delivered pursuant to Section 7(o)7(n) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement Date, and agrees with Xxxxxxx Xxxxx[ ], as follows:

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxxxx Xxxxx as of the date hereof and as of each Representation Date (as defined belowin Section 7(n)) on which a certificate is required to be delivered pursuant to Section 7(o)7(n) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement Date, and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each represents and warrants, jointly and severally represents and warrants severally, to Xxxxxxx Xxxxx as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement DateDate (as defined below), and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

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Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each represents and warrants, jointly and severally represents and warrants severally, to Xxxxxxx Xxxxx as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)‎7(p) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement DateDate (as defined below), and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Representations and Warranties by the Company and the Operating Partnership. The Each of the Company and the Operating Partnership each represents and warrants, jointly and severally represents and warrants severally, to Xxxxxxx Xxxxx X.X. Xxxxxx Securities as of the date hereof and as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)‎7(p) of this Agreement, as of the time of each sale of any Securities or any securities pursuant to this Agreement (each, an “Applicable Time”) Time and as of each Settlement DateDate (as defined below), and agrees with Xxxxxxx XxxxxX.X. Xxxxxx Securities, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Sunstone Hotel Investors, Inc.)

Representations and Warranties by the Company and the Operating Partnership. The Company and the Operating Partnership each jointly and severally represents and warrants to Xxxxxxx Xxxxx as of the date hereof and hereof, as of each Representation Date (as defined below) on which a certificate is required to be delivered pursuant to Section 7(o)7(n) of this Agreement, as of each Applicable Time (as defined below) and, to the time of each sale of any Securities or any securities pursuant to extent set forth expressly in this Agreement (eachSection 5(a), an “Applicable Time”) and as of each Settlement Date, and agrees with Xxxxxxx Xxxxx, as follows:

Appears in 1 contract

Samples: Equity Distribution Agreement (Aimco Properties Lp)

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