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 the Sales Agent, the Forward Seller and the Forward Purchaser 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 8(o) of this Agreement, as of the time of each sale of any Issuance Shares or Forward Hedge Shares pursuant to this Agreement (the “Applicable Time”) and as of each Settlement Date (as defined below), and agrees with the Sales Agent, the Forward Seller and the Forward Purchaser, 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 the each Sales Agent, the Forward Seller Agent and the Forward Purchaser 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 8(o7(o) of this Agreement, as of the time of each sale of any Issuance Shares or Forward Hedge Shares Placement Securities pursuant to this Agreement, any Confirmation or any Terms Agreement (the each such time, an “Applicable Time”) and as of each Settlement Date (as defined below), and agrees with the each Sales Agent, the Forward Seller Agent and the Forward Purchaser, as follows: