Common use of SEC Documents and Other Reports Clause in Contracts

SEC Documents and Other Reports. The Trust has filed all required documents with the SEC since January 1, 1996 (such documents together with the Starwood Disclosure being referred to herein as the "SEC Documents"). As of their respective dates, the SEC Documents complied in all material respects with the requirements of applicable law, and, at the respective times they were filed, none of the SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of the Trust included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto as of their respective dates of filing, were prepared in accordance with generally accepted accounting principles (except, in the case of the unaudited statements, as permitted by Regulation S-X of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly presented the consolidated financial position of the Trust and its consolidated subsidiaries as of the respective dates thereof and the

SEC Documents and Other Reports. The Trust Buyer has filed all required documents with the SEC since January 1February 7, 1996 2002 (such documents together with the Starwood Disclosure being referred to herein as the "Buyer SEC Documents"). As of their respective dates, to the Buyer's knowledge, the Buyer SEC Documents complied in all material respects with the requirements of applicable lawthe Securities Act or the Exchange Act, as the case may be, and, at the respective times they were filed, none of the Buyer SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of the Trust Buyer included in the Buyer SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto as of their respective dates of filingthereto, were prepared in accordance with generally accepted accounting principles GAAP (except, in the case of the unaudited statements, as to the extent permitted by Regulation SForm 10-X Q of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly presented the consolidated financial position of the Trust and its consolidated subsidiaries as of the respective dates thereof and the).

SEC Documents and Other Reports. The Trust Buyer has filed all required documents with the SEC since January 1February 7, 1996 2002 (such documents together with the Starwood Disclosure being referred to herein as the "“Buyer SEC Documents"”). As of their respective dates, the Buyer SEC Documents complied in all material respects with the requirements of applicable lawthe Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, as the case may be, and, at the respective times they were filed, none of the Buyer SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the Table of Contents circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of the Trust Buyer included in the Buyer SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto as of their respective dates of filingthereto, were prepared in accordance with generally accepted accounting principles GAAP (except, in the case of the unaudited statements, as to the extent permitted by Regulation S-X of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly presented the consolidated financial position of the Trust and its consolidated subsidiaries as of the respective dates thereof and the).

SEC Documents and Other Reports. The Trust OP has filed all required documents with the SEC since January 1September 9, 1996 1998 (such documents together with the Starwood Disclosure being referred to herein as the "SEC Documents"). As of their respective dates, the SEC Documents complied in all material respects with the requirements of applicable lawthe Securities Act or the Exchange Act, as the case may be, and, at the respective times they were filed, none of the SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of the Trust OP included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto as of their respective dates of filing, were prepared in accordance with generally accepted accounting principles ("GAAP") (except, in the case of the unaudited statements, as permitted by Regulation S-X of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly presented the consolidated financial position of the Trust and its consolidated subsidiaries as of the respective dates thereof and the).