REPRESENTATIONS, WARRANTIES AND COVENANTS OF CONTRIBUTORS. As a material inducement to the Operating Partnership to enter into this Contribution Agreement and to consummate the transactions contemplated hereby, each Contributor hereby severally makes to the Operating Partnership each of the representations and warranties set forth in this Article II, which representations and warranties (unless otherwise noted) are true as of the date hereof. As a condition to the Operating Partnership's obligation to complete the acquisition of any Contributor's Interests after the exercise of the Contribution Right, such representations and warranties must continue to be true as of the date of the Initial Closing and as of the date of the Final Closing.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF CONTRIBUTORS. (i) Each of the representations and warranties of Contributors made in this Agreement will be true and correct in all material respects as of the date of this Agreement and as of the Closing (as if made anew at and as of the Closing), except that, to the extent any such representation or warranty is qualified by materiality or Material Adverse Effect, such representation or warranty shall be true and correct in all respects, (ii) Contributors shall have performed or complied in all material respects with all of the covenants and agreements required by this Agreement to be performed or complied with by Contributors on or before the Closing, and ((iii) Contributors shall have delivered to Contributee a certificate, dated the Closing Date, certifying that the conditions specified in this Section 8.1(a) have been fulfilled;
REPRESENTATIONS, WARRANTIES AND COVENANTS OF CONTRIBUTORS. As a material inducement to the Operating Partnership and the REIT to enter into this Omnibus Contribution Agreement and to consummate the transactions contemplated hereby, certain Contributors or affiliates thereof (collectively, the "Indemnitors") shall enter into a supplemental agreement (the "Supplemental Agreement") on terms mutually acceptable to the Indemnitors and the Operating Partnership whereby the Indemnitors shall make additional representations, warranties and covenants with respect to matters relating to this Omnibus Contribution Agreement and the transactions contemplation thereby, and such Supplemental Agreement shall provide for the Indemnitors of such representations, warranties and covenants, the survivability of such indemnity, the amount of Common Stock and/or Units to which recourse thereunder shall be limited, the maximum aggregate liability of all such Indemnitors and any other relevant terms. In addition, each Contributor hereby severally makes to the Operating Partnership and the REIT each of the representations and warranties set forth in this Article II, which representations and warranties (unless otherwise noted) are true as of the date hereof. As a condition to the Operating Partnership's obligation to complete the acquisition of any Contributor's Assets or Interests, such representations and warranties and the representations and warranties contained in the Supplemental Agreement must continue to be true as of the date of the Initial Closing and as of the date of the Final Closing. Each Contributor hereby agrees to give the Operating Partnership and the REIT written notice of any information which makes any representation or warranty made by the Contributor hereunder or under the Supplemental Agreement untrue within five (5) business days of obtaining such information as follows with respect to the respective portions of the Property owned by it.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF CONTRIBUTORS. 5 2.1 Authority................................................................6 2.2
