Covenants of the Company and the Operating Partnership Clause Examples
The "Covenants of the Company and the Operating Partnership" clause sets out specific promises and obligations that the company and its operating partnership must fulfill during the term of an agreement. These covenants typically include requirements such as maintaining certain financial standards, providing regular reports, or refraining from actions that could negatively impact the business or its stakeholders. By clearly outlining these ongoing duties, the clause ensures that both parties adhere to agreed-upon standards, thereby protecting the interests of investors and maintaining operational stability.
Covenants of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, covenant with each Underwriter as follows:
Covenants of the Company and the Operating Partnership. The Company and the Operating Partnership covenant with the Sales Agent as follows:
Covenants of the Company and the Operating Partnership. The Company and the Operating Partnership hereby jointly and severally covenant and agree with the Dealer Manager that:
Covenants of the Company and the Operating Partnership. Each of the Company and the Operating Partnership covenants with the Representatives, and with each Underwriter participating in the offering of Underwritten Securities, as follows:
(a) In respect to each offering of Underwritten Securities, the Company or the Operating Partnership, as the case may be, will furnish to the Underwriters named in the applicable Terms Agreement as many copies of the Time of Sale Prospectus and the Prospectus (including any Prospectus Supplement) as the Representatives shall reasonably request.
(b) If the Time of Sale Prospectus is being used to solicit offers to buy the Securities at a time when the Prospectus is not yet available to prospective purchasers and any event shall occur or condition exist as a result of which it is necessary to amend or supplement the Time of Sale Prospectus in order to make the statements therein, in the light of the circumstances, not misleading, or if any event shall occur or condition shall exist as a result of which the Time of Sale Prospectus conflicts with the information contained in the Registration Statement then on file, or if, in the opinion of counsel for the Underwriters, it is necessary to amend or supplement the Time of Sale Prospectus to comply with applicable law, the Company or the Operating Partnership will prepare, file with the Commission and furnish, at their own expense, to the Underwriters and to any dealer upon request, either amendments or supplements to the Time of Sale Prospectus so that the statements in the Time of Sale Prospectus as so amended or supplemented will not, in the light of the circumstances when delivered to a prospective purchaser, be misleading, or so that the Time of Sale Prospectus, as amended or supplemented, will no longer conflict with the Registration Statement, or so that the Time of Sale Prospectus, as amended or supplemented, will comply with applicable law.
(c) If, at the time the Prospectus Supplement was filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations, any information shall have been omitted therefrom in reliance upon Rule 430A or Rule 430B of the 1933 Act Regulations, then immediately following the execution of the Terms Agreement, the Company and the Operating Partnership will prepare, and file or transmit for filing with the Commission in accordance with such Rule 430A, 430B, and Rule 424(b) of the 1933 Act Regulations, a Prospectus Supplement, or, if required by such Rule 430A or 430B, a post-effective amend...
Covenants of the Company and the Operating Partnership. Each of the Company and the Operating Partnership covenants with Xxxxxxx Xxxxx as follows:
Covenants of the Company and the Operating Partnership. Each of the Company and the Operating Partnership jointly and severally covenants with the Manager as follows:
Covenants of the Company and the Operating Partnership. The Company and the Operating Partnership, jointly and severally, agree with the Agent that:
Covenants of the Company and the Operating Partnership. Each of the Company and the Operating Partnership covenants with the Placement Agent as follows:
Covenants of the Company and the Operating Partnership. Each of the Company and the Operating Partnership covenants with the Lead Managers, and with each International Manager participating in the offering of International Securities, as follows:
(a) In respect to each offering of International Securities, the Company or the Operating Partnership, as the case may be, will prepare a Prospectus Supplement setting forth the number of International Securities covered thereby and their terms not otherwise specified in the International Prospectus pursuant to which the International Securities are being issued, the names of the International Managers participating in the offering and the number of International Securities which each severally has agreed to purchase, the names of the International Managers acting as co-managers in connection with the offering, the price at which the International Securities are to be purchased by the International Managers from the Company or the Operating Partnership, as the case may be, the initial public offering price, if any, the selling concession and reallowance, if any, and such other information as the Lead Managers and the Company or the Operating Partnership, as the case may be, deem appropriate in connection with the offering of the International Securities; and the Company or the Operating Partnership, as the case may be, will promptly transmit copies of the Prospectus Supplement to the Commission for filing pursuant to Rule 424(b) of the 1933 Act Regulations and will furnish to the International Managers named therein as many copies of the International Prospectus (including such Prospectus Supplement) as the Lead Managers shall reasonably request.
(b) If, at the time the Prospectus Supplement was filed with the Commission pursuant to Rule 424(b) of the 1933 Act Regulations, any information shall have been omitted therefrom in reliance upon Rule 430A of the 1933 Act Regulations, then immediately following the execution of the International Terms Agreement, the Company and the Operating Partnership will prepare, and file or transmit for filing with the Commission in accordance with such Rule 430A and Rule 424(b) of the 1933 Act Regulations, a copy of an amended International Prospectus, or, if required by such Rule 430A, a post-effective amendment to the Registration Statement (including amended International Prospectuses), containing all information so omitted. If required, the Company and the Operating Partnership will prepare and file or transmit for filing a Rule 462(...
Covenants of the Company and the Operating Partnership. Each of the Company and the Operating Partnership covenants with Xxxxx Fargo Securities as follows: