Common use of Subsequent Delivery of Certificates Clause in Contracts

Subsequent Delivery of Certificates. Each time that (i) the Registration Statement or the Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for the determination of the variable terms of the Notes or relating solely to the offering of securities other than the Notes), (ii) (if required in connection with the purchase of Notes from the Operating Partnership by one or more Agents as principal) the Operating Partnership sells Notes to one or more Agents as principal or (iii) the Operating Partnership sells Notes in a form not previously certified to the Agents by the Operating Partnership, the Operating Partnership shall furnish or cause to be furnished to the Agent(s), forthwith a certificate dated the date of filing with the Commission or the date of effectiveness of such amendment or supplement, as applicable, or the date of such sale, as the case may be, in form satisfactory to the Agent(s) to the effect that the statements contained in the certificate referred to in Section 5(c) hereof which were last furnished to the Agents are true and correct at the time of the filing or effectiveness of such amendment or supplement, as applicable, or the time of such sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to such time) or, in lieu of such certificate, a certificate of the same tenor as the certificate referred to in Section 5(c) hereof, modified as necessary to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such certificate (it being understood that, in the case of clause (ii) above, any such certificate shall also include a certification that there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Duke Group considered as one enterprise since the date of the agreement by such Agent(s) to purchase Notes from the Operating Partnership as principal).

Subsequent Delivery of Certificates. Each time that (i) the ----------------------------------- Registration Statement or the Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for a change in the determination interest rates of the variable terms of the Notes or relating solely similar changes, and, unless the Agents shall otherwise specify, other than by an amendment or supplement which relates exclusively to the an offering of debt securities other than the Notes), (ii) there is filed with the SEC any document incorporated by reference into the Prospectus (other than any Current Report on Form 8-K relating exclusively to the issuance of debt securities under the Registration Statement, unless the Agents shall otherwise specify), (iii) (if required in connection with the purchase of Notes from the Operating Partnership by one or more Agents an Agent as principal) the Operating Partnership Company sells Notes to one or more Agents an Agent as principal or (iiiiv) if the Operating Partnership Company issues and sells Notes in a form not previously certified to the Agents by the Operating PartnershipCompany, the Operating Partnership Company shall furnish or cause to be furnished to the Agent(s), Agents forthwith a certificate dated the date of filing with the Commission SEC of such supplement or document, the date of effectiveness of such amendment or supplement, as applicableamendment, or the date of such sale, as the case may be, in form satisfactory to the Agent(s) Agents to the effect that the statements contained in the certificate referred to in Section 5(c5(b) hereof which were was last furnished to the Agents are true and correct at the time of the such amendment, supplement, filing or effectiveness of such amendment or supplement, as applicable, or the time of such sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to such time) or, in lieu of such certificate, a certificate of the same tenor as the certificate referred to in said Section 5(c) hereof5(b), modified as necessary to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such certificate (it being understood that, in the case of clause (ii) above, any such certificate shall also include a certification that there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Duke Group considered as one enterprise since the date of the agreement by such Agent(s) to purchase Notes from the Operating Partnership as principal)certificate.

Subsequent Delivery of Certificates. Each time that any annual report of the Company filed pursuant to Section 13(a) or 15(d) of the 1934 Act is incorporated by reference into the Final Prospectus, or (iunless waived by the Agent) there is filed with the Registration Statement or Commission any document incorporated by reference into the Final Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for the determination of the variable terms of the Notes or any Current Report on Form 8-K relating solely exclusively to the offering of securities other than the Notes), (ii) (if required in connection with the purchase issuance of Notes from under the Operating Partnership Registration Statement, unless the Agents shall otherwise specify) or (unless waived by one or more Agents as principalthe Agent with respect to a particular Terms Agreement) the Operating Partnership Company sells Notes to one or more Agents as principal or (iii) the Operating Partnership sells Notes in any Agent pursuant to a form not previously certified to the Agents by the Operating PartnershipTerms Agreement, the Operating Partnership Company shall furnish or cause to be furnished to the Agent(s), each Agent forthwith a certificate dated the date of filing with the Commission or the date of effectiveness of such amendment or supplement, as applicable, or the date of such sale, as the case may be, in form satisfactory to the Agent(s) such Agent to the effect that the statements contained in the certificate referred to in Section 5(c6(c) hereof which were last furnished to the Agents such Agent are true and correct at the time of the such amendment, supplement, filing or effectiveness of such amendment or supplement, as applicable, or the time of such sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Final Prospectus as amended and supplemented to such time) or, in lieu of such certificate, a certificate of the same tenor as the certificate referred to in said Section 5(c) hereof6(c), modified as necessary to relate to the Registration Statement and the Final Prospectus as amended and supplemented to the time of delivery of such certificate (it being understood that, in the case of clause (ii) above, any such certificate shall also include a certification that there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Duke Group considered as one enterprise since the date of the agreement by such Agent(s) to purchase Notes from the Operating Partnership as principal)certificate.

Subsequent Delivery of Certificates. Each time that (i) the Registration Statement or the Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for a change in the determination interest rates of the variable terms of the Notes or similar changes), (ii) there is filed with the SEC any document incorporated by reference into the Prospectus (other than any Current Report on Form 8-K relating solely exclusively to the offering issuance of debt securities under the Registration Statement other than the Notes, unless the Agents shall otherwise specify), (iiiii) (if required in connection with the purchase of Notes from the Operating Partnership by one or more Agents an Agent as principal) the Operating Partnership Company sells Notes to one or more Agents such Agent as principal principal, or (iiiiv) if the Operating Partnership Company issues and sells Notes in a form not previously certified to the Agents by the Operating PartnershipCompany, the Operating Partnership Company shall furnish furnished or cause to be furnished to each Agent, at the Agent(s)Agent's request, forthwith a certificate dated the date of filing with the Commission SEC of such supplement or document, the date of effectiveness of such amendment or supplement, as applicableamendment, or the date of such sale, as the case may be, in form satisfactory to the Agent(s) Agents to the effect that the statements contained in the certificate referred to in Section 5(c5(b) hereof which were last furnished to the Agents are true and correct at the time of the such amendment, supplement filing or effectiveness of such amendment or supplement, as applicable, or the time of such sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to such time) or, in lieu of such certificate, a certificate of the same tenor as the certificate referred to in said Section 5(c) hereof5(b), modified as necessary to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such certificate (it being understood that, in the case of clause (ii) above, any such certificate shall also include a certification that there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Duke Group considered as one enterprise since the date of the agreement by such Agent(s) to purchase Notes from the Operating Partnership as principal)certificate.

Subsequent Delivery of Certificates. Each time that (i) the Registration Statement or the Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for the determination establishment of or a change in the variable terms interest rates, maturity or price of the Notes or relating solely similar changes, and, unless the Agents shall otherwise specify, other than (A) by an amendment or supplement that relates exclusively to the an offering of securities other than the NotesNotes or (B) by the filing of a Current Report on Form 8-K), (ii) (if required in connection with the purchase of Notes from the Operating Partnership by one or more Agents an Agent as principal) the Operating Partnership Company sells Notes to one or more Agents an Agent as principal or (iii) the Operating Partnership Company issues and sells Notes in a form not previously certified to the Agents by the Operating PartnershipCompany, the Operating Partnership shall Company shall, within five business days after such amendment or supplement in the case of (i) above, or forthwith in the case of (ii) and (iii) above, furnish or cause to be furnished to the Agent(s), forthwith Agents a certificate dated the date of filing with the Commission of such supplement or document, the date of effectiveness of such amendment or supplement, as applicableamendment, or the date of such sale, as the case may be, in form satisfactory to the Agent(s) Agents to the effect that the statements contained in the certificate referred to in Section 5(c5(b) hereof which were last furnished to the Agents are true and correct at the time of the such amendment, supplement, filing or effectiveness of such amendment or supplement, as applicable, or the time of such sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to such time) or, in lieu of such certificate, a certificate of the same tenor as the certificate referred to in said Section 5(c) hereof5(b), modified as necessary to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such certificate (it being understood that, in the case of clause (ii) above, any such certificate shall also include a certification that there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Duke Group considered as one enterprise since the date of the agreement by such Agent(s) to purchase Notes from the Operating Partnership as principal)certificate.

Subsequent Delivery of Certificates. Each time that Upon (i) the effectiveness of any amendment or supplement to the Registration Statement or the Prospectus shall be amended or supplemented (other than by an any amendment or supplement providing solely for the determination effected by means of the variable terms filing of a report pursuant to Section 13 of the Notes Exchange Act or a pricing supplement or relating solely to the offering offering, sale and delivery of securities other than the Notes), (ii) (if required in connection the filing by the Company of any report on Form 10-Q or Form 10-K with the purchase of Notes from the Operating Partnership by one or more Agents as principal) the Operating Partnership sells Notes to one or more Agents as principal or SEC, (iii) the Operating Partnership sells sale of Notes to any Agent as principal, if such Agent so requests and (iv) the sale of Notes to or through any Agent in a form not previously certified by the Company to the Agents by the Operating Partnership(each such date, a "Subsequent Delivery Date"), the Operating Partnership Company shall furnish or cause to be furnished to the Agent(s), forthwith each relevant Agent a certificate dated the date of filing with the Commission or the date of effectiveness of such amendment or supplement, as applicable, or the date of such sale, as the case may be, Subsequent Delivery Date and otherwise satisfactory in form satisfactory to the Agent(s) such Agent to the effect that the statements contained in the certificate referred to in Section 5(c5(b) hereof which were was last furnished to the Agents such Agent are true and correct at the time of the such amendment, supplement, filing or effectiveness of such amendment or supplement, as applicable, or the time of such sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to such time) or, in lieu of such certificate, a certificate of the same tenor as the certificate referred to in Section 5(c5(b) hereof, modified as necessary to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such certificate (it being understood provided, however, that, with respect to each Subsequent Delivery Date described in the case of clause Section 7(b)(i) and (ii) above, any in the event that the conditions of Section 4(l)(i) hereof have been satisfied and the Company has notified the Agents in writing that offerings of Notes are suspended, then the Company shall be required to furnish or cause to be furnished such certificate shall also include a certification that there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Duke Group considered as one enterprise since only prior to the date that offerings of the agreement by such Agent(s) to purchase Notes from the Operating Partnership as principal)may be resumed.