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

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Company, the Adviser and warranties made as of a specified date or time)the Administrator herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Corporation herein, to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent prior to the delivery of the first Placement Notice by the Company of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Adviser herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review of the Company that is satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Company, the Operating Partnership and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company Company, the Operating Partnership and the Manager of its their obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by each of the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent and the Forward Purchaser of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:: a.

Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein in all material respects (other than those except for representations and warranties made as of a specified date or timequalified by materiality which are required to be accurate and complete in all respects), to the due performance in all material respects by the Company of its obligations hereunderhereunder in all material respects, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, hereunder and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Corporation herein, to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Partnership herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company Partnership of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, judgment and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Adviser herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review of the Company that is satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Company, the Operating Partnership and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company Company, the Operating Partnership and the Manager of its their respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by each of the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Partnership herein, to the due performance in all material respects by the Company Partnership of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made in Section 6 hereof as of a the dates specified date or time)therein, to the due performance in all material respects by the Company of its obligations hereunderunder section 8 hereof as of the dates specified therein, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)in the applicable Placement Notices, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness in all material respects of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations in Section 6 hereof and warranties made by the Manager in Section 7 hereof as of a the dates specified date or time)therein, to the due performance in all material respects by the Company of its obligations hereunderunder Section 8 hereof as of the dates specified therein, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, hereunder and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the such Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Ladenburg of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Ladenburg in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent each Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made in Section 6 of this Agreement as of a the dates specified date or time)therein, to the due performance in all material respects by the Company of its obligations hereunderunder Section 8 of this Agreement as of the dates specified therein, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent each of the Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the each Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunderhereunder and thereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a the Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Corporation herein, to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its respective obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretiondiscretion with such waiver for a given Placement having no effect on any other Placement) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by each of the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents and the Forward Purchasers of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)in the applicable Placement Notices, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its the reasonable judgmentjudgment of the Representative, and to the continuing reasonable satisfaction (or waiver by the Agent Representative in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Selling Shareholder herein (other than those representations and warranties made as of a specified date or time)in the applicable Placement Notices, to the due performance in all material respects by the Company and the Selling Shareholder of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its the reasonable judgmentjudgment of the Representative, and to the continuing reasonable satisfaction (or waiver by the Agent Representative in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Partnership Parties herein, to the due performance in all material respects by the Company Partnership Parties of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the such Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the each Agent of a due diligence review satisfactory to it such Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its reasonable their judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations on the date hereof, on each Representation Date, on each Applicable Time and warranties made as of a specified date or time)on each Settlement Date, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company and the Trust herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company and the Trust of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Designated Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) in all material respects of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver in writing by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:: ​

Conditions to the Agent’s Obligations. The several obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made of the Company and the Operating Company contained in this Agreement or in certificates of any officer of the Company, the Operating Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Operating Company of its their respective covenants and other obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional further conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Adviser herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the each Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by of the Company herein (other than those representations and warranties made as contained in this Agreement or in certificates of a specified date any officer of the Company or time)any subsidiary of the Company delivered pursuant to the provisions hereof, to the due performance in all material respects by the Company of its covenants and other obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional further conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review reasonably satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Operating Partnership herein, to the due performance in all material respects by the Company and the Operating Partnership of its their respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by each of the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties in all material respects made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it the Agents in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its the obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement and the obligations of the Agents pursuant to any Terms Agreement will be subject to the continuing accuracy and completeness of the representations and warranties made by on the part of the Company herein (other than those representations and warranties made as of a specified date or time)set forth in Section 6 hereof, to the due timely performance in all material respects by the Company of its covenants and other obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it each Agent in its reasonable judgment, judgment and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of each of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations Trust and warranties made as of a specified date or time)Manager herein, to the due performance in all material respects by the Company Trust and Manager of its their obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Designated Agent in respect of the Placement in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to respecting a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein in all material respects (other than those except for representations and warranties made as of a specified date or timequalified by materiality which are required to be accurate and complete in all respects), to the due performance in all material respects by the Company of its obligations hereunderhereunder in all material respects, to the completion by the Agent of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company and the Manager of its respective obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent both Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The several obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified specific date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by the Agent Agents, prior to any sale of Placement Shares, of a due diligence review satisfactory to it them in its their reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent Agents in its their sole discretion) of the following additional conditions:

Conditions to the Agent’s Obligations. The obligations of the Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company Corporation herein (other than those representations and warranties made as of a specified date or timemodified by any Placement Notice, provided that any such amendment(s) is satisfactory to the Agent), to the due performance in all material respects by the Company Corporation of its obligations hereunder, to the completion by the Agent of a due diligence review satisfactory to it the Agent in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by the Agent in its sole discretion) of the following additional conditions: