Common use of Execution, Delivery and Performance Clause in Contracts

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerREIT, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerREIT, or the governing instruments Governing Instruments of, or any securities issued by, the Manager REIT or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager REIT is a party or by which the Manager REIT or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager REIT and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Manager under this Agreement to secure the Manager’s obligations to its lenders).

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerAdvisor, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerAdvisor, or the governing instruments of, or any securities issued by, the Manager Advisor or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Advisor is a party or by which the Manager Advisor or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Advisor and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerCompany, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerCompany, or the governing instruments Governing Instruments of, or any securities issued by, the Manager Company or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Company is a party or by which the Manager Company or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Company and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Advisor under this Agreement to secure the Advisor’s obligations to its lenders).

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerCompany, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerCompany, or the governing instruments Governing Instruments of, or any securities issued by, the Manager Company or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Company is a party or by which the Manager Company or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Company and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Advisor under this Agreement to secure the Advisor's obligations to its lenders).

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision provisions of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerCompany, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerCompany, or the governing instruments Governing Instruments of, or any securities issued by, the Manager Company or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Company is a party or by which the Manager Company or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Company and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Manager under this Agreement to secure the Manager’s obligations to its lenders).

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.. P a g e | 9

Execution, Delivery and Performance. The execution, ----------------------------------- delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerCompany, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerCompany, or the governing instruments Governing Instruments of, or any securities issued by, the Manager Company or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Company is a party or by which the Manager Company or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Company and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Manager under this Agreement to secure the Manager's obligations to its lenders).

Execution, Delivery and Performance. The execution, ----------------------------------- delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets assets, or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

Execution, Delivery and Performance. The execution, delivery ----------------------------------- and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets assets, or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the Manager, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the Manager, or the governing instruments of, or any securities issued by, the Manager or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager is a party or by which the Manager or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets assets, or financial condition of the Manager and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage indenture, lease, contract or other agreement, instrument or undertaking.

Execution, Delivery and Performance. The execution, delivery and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerCompany, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerCompany, or the governing instruments Governing Instruments of, or any securities issued by, the Manager Company or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Company is a party or by which the Manager Company or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Company and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Manager under this Agreement to secure the Manager's obligations to its lenders).

Execution, Delivery and Performance. The execution, delivery ----------------------------------- and performance of this Agreement and the documents or instruments required under this Agreement will not violate any provision of any existing law or regulation binding on the ManagerCompany, or any order, judgment, award or decree of any court, arbitrator or governmental authority binding on the ManagerCompany, or the governing instruments Governing Instruments of, or any securities issued by, the Manager Company or of any mortgage, indenture, lease, contract or other agreement, instrument or undertaking to which the Manager Company is a party or by which the Manager Company or any of its assets may be bound, the violation of which would have a material adverse effect on the business operations, assets or financial condition of the Manager Company and its subsidiaries, taken as a whole, and will not result in, or require, the creation or imposition of any lien on any of its property, assets or revenues pursuant to the provisions of any such mortgage mortgage, indenture, lease, contract or other agreement, instrument or undertakingundertaking (other than the pledge of amounts payable to the Manager under this Agreement to secure the Manager's obligations to its lenders).