Common use of Well-Known Seasoned Issuer Clause in Contracts

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and (D) as of the execution and delivery of this Agreement and any Terms Agreement, the Company is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations.

Well-Known Seasoned Issuer. (Ai) At the original effectiveness of the Registration Statement, (Bii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act Regulations (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (Ciii) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of under the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of under the 1933 Act Regulations and (Div) as of the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was and is a “well-known seasoned issuer,” (as defined in Rule 405 of the 1933 Act Regulations405).

Well-Known Seasoned Issuer. (A) At the time of original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of the 1933 Act Regulations Regulations, and (D) as of at the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 405. The Company meets the requirements for use of Form F-3 under the 1933 Act Regulationsspecified in FINRA Rule 5110(b)(7)(C)(i).

Well-Known Seasoned Issuer. (A) At the original effectiveness time of filing the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section Sections 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of in Rule 163 of the 1933 Act Regulations 163, and (D) as of at the execution and delivery of this Agreement and any Terms AgreementApplicable Time), the Company was or is (as the case may be) a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Operating Partnership or the Company or any person acting on its their behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of the 1933 Act Regulations Regulations, and (D) as of the execution and delivery of this Agreement and any Terms Agreement, each of the Operating Partnership and the Company is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Notes in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this Agreement and any Terms Agreement(E) at the Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of provided by Rule 163 of the 1933 Act Regulations 163, and (D) as of at the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was and is a “well-known seasoned issuer,” (as defined in Rule 405 of the 1933 Act Regulations405).

Well-Known Seasoned Issuer. (A) At the original effectiveness time of filing the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section Sections 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of in Rule 163 of the 1933 Act Regulations 163, and (D) as of at the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was or is (as the case may be) a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company and the Guarantor or any person acting on its their behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act RegulationsAct)) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of the 1933 Act Regulations 163, and (D) as of the execution and delivery Applicable Time, each of this Agreement and any Terms Agreement, the Company and the Guarantor was and is a “well-known seasoned issuer,” (as defined in Rule 405 of the 1933 Act Regulations405).

Well-Known Seasoned Issuer. (A) At the original effectiveness time of filing the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations)) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this ATM Equity OfferingSM Sales Agreement and any Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of under the 1933 Act Regulations.

Well-Known Seasoned Issuer. (A) At the original effectiveness time of filing of the Registration Statement, (B) at the time of the most recent amendment thereto to the Registration Statement for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), ) and (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of under the 1933 Act RegulationsAct) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of under the 1933 Act Regulations and (D) as of the execution and delivery of this Agreement and any Terms AgreementAct, the Company is was a “well-known seasoned issuer,” (as defined in Rule 405 of under the 1933 Act RegulationsAct).

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this Equity Sales Agreement and any Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of the 1933 Act Regulations Regulations, and (D) as of the execution and delivery of this Agreement and any Terms Agreement, the Company is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this Agreement and any Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and Regulations, (D) as of at the execution and delivery date of this Agreement and any at the date of each Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this Agreement Agreement, any Confirmation and any Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (Ai) At the original effectiveness of the Registration Statement, (Bii) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (Ciii) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and Regulations, (Div) as of the execution and delivery date of this ATM Equity Offering SM Sales Agreement and any Terms Agreement, and (v) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of the 1933 Act Regulations405.

Well-Known Seasoned Issuer. (A) At the original effectiveness time of filing the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations)) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this ATM Equity Offering Sales Agreement and any Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of under the 1933 Act Regulations.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of under the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of under the 1933 Act Regulations Regulations, and (D) as of the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was and is a “well-known seasoned issuer,” (as defined in Rule 405 of under the 1933 Act Regulations).

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of the 1933 Act Regulations Regulations, and (D) as of the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was and is a “well-known seasoned issuer,” (as defined in Rule 405 of the 1933 Act Regulations405).

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of under the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of Rule 163 of under the 1933 Act Regulations Act, and (D) as of the execution and delivery of this Agreement and any Terms AgreementExecution Time, the Company was and is a “well-known seasoned issuer,” (as defined in Rule 405 of the 1933 Act Regulations405).

Well-Known Seasoned Issuer. (A) At the original effectiveness time of filing the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of the 1933 Act Regulations)) made any offer relating to the Shares in reliance on the exemption of Rule 163 of the 1933 Act Regulations and 163, (D) as of at the execution and delivery date of this ATM Equity Offering SM Sales Agreement and any Terms Agreement, and (E) at each Applicable Time, the Company was and is a “well-known seasoned issuer,” as defined in Rule 405 of under the 1933 Act Regulations.

Well-Known Seasoned Issuer. (A) At the original effectiveness of the Registration Statement, (B) at the time of the most recent amendment thereto for the purposes of complying with Section 10(a)(3) of the 1933 Act (whether such amendment was by post-effective amendment, incorporated report filed pursuant to Section 13 or 15(d) of the 1934 Act or form of prospectus), (C) at the time the Company or any person acting on its behalf (within the meaning, for this clause (C) only, of Rule 163(c) of under the 1933 Act Regulations) made any offer relating to the Shares Securities in reliance on the exemption of provided by Rule 163 of the 1933 Act Regulations 163, and (D) as of at the execution and delivery of this Agreement and any Terms AgreementApplicable Time, the Company was and is a “well-known seasoned issuer,” (as defined in Rule 405 of the 1933 Act Regulations405).