Common use of Conditions of Agent’s Obligations Clause in Contracts

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The Except as may be waived in writing by Agent, the obligations of the Agents hereunder are Agent as provided herein shall be subject to the accuracy of the representations and warranties contained in Section 2 hereof as of the date hereof, to the accuracy of the statements of officers and directors of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered made pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company of its covenants and other their obligations hereunder, hereunder and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of the Company or the Operating Partnership or any of its subsidiaries the Subsidiaries delivered pursuant to the provisions hereof at each Representation Date, Date to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of either of the Company Transaction Entities or any of its their respective subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Transaction Entities of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein or in certificates of any officer or general partner, as applicable, of the Company or any of its subsidiaries Manager delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents each Agent hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein or in certificates and the Operating Partnership on the date hereof, any applicable Representation Date and as of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Settlement Date, to (ii) the performance by the Company and the Operating Partnership of its covenants their obligations hereunder and other obligations hereunder, and (iii) to the following further conditions:additional conditions precedent.

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy as of the representations each Representation Date and Settlement Date and compliance with all representations, warranties and agreements of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Dateherein, to the performance by the Company of its covenants obligations hereunder and other obligations hereunder, and to the following further additional conditions:

Conditions of Agent’s Obligations. The respective obligations of the several Agents hereunder are shall be subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer contained, as of the Company or any date hereof and as of its subsidiaries delivered pursuant to the provisions hereof at each Representation Closing Date, to the performance by the Company of all of its covenants and other obligations hereunder, and to each of the following further additional conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at the date hereof, the Capital Increase Registration Date and each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents each Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Partnership contained herein or in certificates of any officer of the Company or any of its subsidiaries General Partner delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The Except as may be waived in writing by Agent, the obligations of the Agents hereunder are Agent as provided herein shall be subject to the accuracy of the representations and warranties contained in Section 2 hereof as of the date hereof, to the accuracy of the statements of officers and directors of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered made pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates on the date hereof and at the time of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to purchase and the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein or in certificates of any officer or general partner, as applicable, of the Company or any of its subsidiaries Manager delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder to the performance of their obligations herein are subject to the accuracy of the representations and warranties of the Company contained herein in Section 2 hereof or in certificates of any officer of the Company or any subsidiary of its subsidiaries the Company delivered pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of the Company Transaction Entities or any of its their subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Transaction Entities of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the respective representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder Agent --------------------------------- pursuant to this Agreement are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer the officers of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at hereof, as of the date hereof, and each Representation DateClosing Time, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditions, except the extent waived in writing by the Agent:

Conditions of Agent’s Obligations. The obligations of the --------------------------------- Agents to act and continue to act as Agents hereunder are shall be subject to the accuracy of the representations and warranties made herein on the part of the Company contained herein or in certificates at the date of this agreement and any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Settlement Date, to the performance by the Company of its covenants and other obligations to be performed hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities contained herein or in certificates of any officer of the Company or the Operating Partnership or any of its subsidiaries the Subsidiaries delivered pursuant to the provisions hereof at each Representation Date, Date to the performance by the Company and the Operating Partnership of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company contained herein in Section 1 hereof or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy in all material respects of the representations and warranties of the Company contained herein or in certificates on the date hereof and at the time of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to purchase and the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Conditions of Agent’s Obligations. The obligations of the Agents to act and continue to act as Agents hereunder are shall be subject to the accuracy of the representations and warranties made herein on the part of the Company contained herein or in certificates at the date of this agreement and any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Settlement Date, to the performance by the Company of its covenants and other obligations to be performed hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation DateDate and at each Trade Date (as defined in each Confirmation, if any), to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or and in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof hereto at each Representation Date, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are shall be subject to the accuracy of the representations and warranties on the part of the Company and the Operating Partnership contained herein or in certificates herein, to the accuracy of any officer the statements of the Company or and the Operating Partnership made in any of its subsidiaries delivered certificates pursuant to the provisions hereof at each Representation Date, to the performance by each of the Company and the Operating Partnership of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company Transaction Entities and the Manager contained herein in Section 1(a) and Section 1(b) hereof, respectively, or in certificates of any officer or other representative of either of the Company Transaction Entities, the Manager or any of its their respective subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Transaction Entities and the Manager of its their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein or in certificates of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Operating Partnership of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the respective representations and warranties of the Company Trust and the Advisor contained herein or in certificates of any officer of the Company Trust or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Trust of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein or in certificates of any officer of the Company Company, the Manager or any of its their subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company and the Manager of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents hereunder are subject to the accuracy of the representations and warranties of the Company contained herein or in certificates on the date hereof and at the time of any officer of the Company or any of its subsidiaries delivered pursuant to the provisions hereof at each Representation Date, to purchase and the performance by the Company of its covenants and other obligations hereunder, hereunder and to the following further conditionsadditional conditions precedent:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company Partnership Parties contained herein or in certificates of any officer of the Company or any of its subsidiaries Partnership Parties delivered pursuant to the provisions hereof at each Representation Date, to the performance by the Company Partnership Parties of its their covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the Agents Agent hereunder are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or any Selling Stockholder delivered pursuant to the provisions hereof at each Representation Datehereof, to the performance by the Company and each of the Selling Stockholders of its covenants and other obligations hereunder, and to the following further conditions:

Conditions of Agent’s Obligations. The obligations of the several Agents hereunder with respect to a Placement are subject to the accuracy of the representations and warranties of the Company and the Manager contained herein in this Agreement, or in certificates of signed by any officer of the Company or any subsidiary of its subsidiaries the Company or the Manager (whether signed on behalf of such officer, the Company or such subsidiary or the Manager) delivered to the Agents or counsel to the Agents pursuant to the provisions hereof at each Representation Datethis Agreement, to the performance by the Company and the Manager of its covenants and their other respective obligations hereunder, and to the following further conditions: