Common use of ABSENCE OF CONFLICT OR DEFAULT Clause in Contracts

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Company, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: (i) the Company’s or any of its subsidiaries’ charter, by-laws, or other organizational documents, as applicable; (ii) any indenture, mortgage, stockholders’ agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g)); or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties. No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws or other organizational documents, as applicable.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties. No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. Authority (“FINRA”), ) or as may be required under state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Shares.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined in this Section 1(f)). No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under the Financial Industry Regulatory Authority (“FINRA”) or state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares Units or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Units. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, or (3) generally affecting the business or industry in which the Company operates.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Company, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any material indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its consolidated subsidiaries is a party or by which the Company or any of its consolidated subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(f)); or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its consolidated subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties. No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under the Financial Industry Regulatory Authority (“FINRA”) or state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares Preferred Stock or under the laws of states in which the Company may own real properties in connection with its qualification be qualified to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings or business prospects of the Company and its consolidated subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Preferred Stock. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, (3) generally affecting the business or industry in which the Company operates or (4) resulting from force majeure events such as, but not limited to, acts of God, pandemics, epidemics, natural disasters, war or other hostilities, civil unrest, riots, work stoppages, occupations, strikes, crime and governmental restrictions on individual liberty or economic activity.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined in this Section 1(f)). No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from as may be required under the Financial Industry Regulatory Authority, Inc. (“FINRA”), ) or as may be required under state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Shares. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, or (3) generally affecting the business or industry in which the Company operates.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined in this Section 1(f)). No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under the Financial Industry Regulatory Authority (“FINRA”) or state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares Preferred Stock or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Preferred Stock. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, or (3) generally affecting the business or industry in which the Company operates.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g)below); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE). No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under the Financial Industry Regulatory Authority (“FINRA”) or state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares Exchangeable Redeemable Preferred Stock or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Exchangeable Redeemable Preferred Stock. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, or (3) generally affecting the business or industry in which the Company operates.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined in this Section 1(f)). No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under the Financial Industry Regulatory Authority (“FINRA”) or state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Shares. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, or (3) generally affecting the business or industry in which the Company operates.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of compliance with the terms hereof of this Agreement by the Company, Company do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, except for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE. No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from as may be required under the Financial Industry Regulatory Authority, Inc. (“FINRA”), ) or as may be required under state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that has, or could reasonably be expected to, have a materially adverse effect on the condition, business, properties, assets, net worth, results of operations or prospects of the Company and its subsidiaries, taken as a whole, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the Shares.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Companyhereof, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: : (i) the Company’s or any of its subsidiaries’ charter, by-lawsbylaws, or other organizational documents, as applicable; the case may be; (ii) any indenture, mortgage, stockholders’ deed of trust, voting trust agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would could not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g1(f)); or or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties, except for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined in this Section 1(f)). No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or Act, the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under the Financial Industry Regulatory Authority (“FINRA”) or state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares mShares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws bylaws or other organizational documents, as applicablethe case may be, that would reasonably be expected to result in a Company MAE. As used in this Agreement, “Company MAE” means any event, circumstance, occurrence, fact, condition, change or effect, individually or in the aggregate, that is, or could reasonably be expected to be, materially adverse to (A) the condition, financial or otherwise, earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, or (B) the ability of the Company to perform its obligations under this Agreement or the validity or enforceability of this Agreement or the mShares. As used in this Agreement, “business prospects” excludes any development resulting from any event, circumstance, development, change or effect (1) in general economic or business conditions, (2) in financial or securities markets generally, or (3) generally affecting the business or industry in which the Company operates.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of the terms hereof by the Company, do not and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under: (i) the Company’s or any of its subsidiaries’ charter, by-laws, or other organizational documents, as applicable; (ii) any indenture, mortgage, stockholders’ agreement, note, lease or other material agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries or any of their properties is bound except, for purposes of this clause (ii) only, for such conflicts, breaches or defaults that do not result in and would not reasonably be expected to result in, individually or in the aggregate, a Company MAE (as defined below in this Section 1(g)); or (iii) any statute, rule or regulation or order of any court or other governmental agency or body having jurisdiction over the Company, any of its subsidiaries or any of their properties. No consent, approval, authorization or order of any court or other governmental agency or body has been obtained or is required for the performance of this Agreement or for the consummation by the Company of any of the transactions contemplated hereby (except as have been obtained under the Securities Act or the Exchange Act, or from the Financial Industry Regulatory Authority, Inc. (“FINRA”), or as may be required under state securities or applicable blue sky laws in connection with the offer and sale of the Common Shares or under the laws of states in which the Company may own real properties in connection with its qualification to transact business in such states or as may be required by subsequent events which may occur). Neither the Company nor any of its subsidiaries is in violation of its charter, by-by- laws or other organizational documents, as applicable.