Common use of Absence of Further Requirements Clause in Contracts

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securities, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the Securities, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under state securities laws.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for filings to be made under the 1934 Act and the 1934 Act Regulations.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency agency, domestic or foreign, is necessary or required for the due authorization, execution and delivery by the Company of this Underwriting Agreement, the applicable Terms Agreement or the Indenture or for the performance by the Company of its obligations the transactions contemplated under this Agreement, the Indenture Underwriting Agreement or such Terms Agreement or the Securities, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the SecuritiesIndenture, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1934 Act, the 1934 Act Regulations, the 1939 Act or Act, the 1939 Act Regulations Regulations, the rules of the New York Stock Exchange, the rules of FINRA (as defined below) or as may be required under applicable state securities laws.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained or will be made or obtained prior to Closing Time under the 1933 Act, the 1933 Act Regulations, the 1939 Act Regulations or the 1939 Act Regulations or and except as may be required under state securities lawslaws in connection with the purchase and distribution of the Securities by the Underwriters.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Agency Agreement, the Indenture or the Securities, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Agency Agreement, the Indenture or the Securities, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under state securities laws.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency having jurisdiction is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency agency, domestic or foreign, is necessary or required for the due authorization, execution and delivery by the Company of this Underwriting Agreement or the applicable Terms Agreement or for the performance by the Company of its obligations the transactions contemplated under the Prospectus, this Underwriting Agreement, the Indenture such Terms Agreement or the Securities, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the SecuritiesIndenture, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1934 Act, the 1934 Act Regulations, the 1939 Act or and the 1939 Act Regulations or as may be required under state securities laws.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except (A) such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act, and the Rules and Regulations thereunder (the “1939 Act Regulations”).

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the Securities, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the rules and regulations of the Commission thereunder (the "1933 Act Regulations") or state securities lawslaws and except for qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder hereunder, the issuance of shares of Common Stock upon conversion of Securities or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company or the Parent Guarantor of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture by the Company or the SecuritiesParent Guarantor, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the Trust Indenture Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency agency, domestic or foreign, or Self-Regulatory Organization (as defined below) is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the SecuritiesTransaction Documents, in connection with the offering, issuance offering or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the Securities, except such as have been already made obtained or obtained as may be required under the 1933 Act, Act or the 1933 Act Regulations, Regulations or state securities laws and except for the qualification of the Indenture under the 1939 Act and such consents, approvals, authorizations or the 1939 Act Regulations or qualifications as may be required under state securities lawslaws or Blue Sky laws in connection with the purchase and distribution of the Securities by the Underwriters, or otherwise.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company or the Trust of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No material filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the SecuritiesGuarantor of their obligations hereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany and the Guarantor, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the Securities, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the rules and regulations of the Commission thereunder (the “1933 Act Regulations”) or state securities lawslaws and except for qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securities, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the Securities, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or and the 1939 Act Regulations or as may be required under state securities laws.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company Operating Partnership of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesOperating Partnership, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or the SecuritiesReplacement Capital Covenant by the Company, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No material filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder hereunder, the issuance of shares of Common Stock upon conversion of Securities or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by each of the Company and the Guarantors of its their respective obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder under this Agreement, the issuance of shares of Common Stock upon conversion of Securities or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or ------------------------------- authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the Securities, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under un- der the 1933 Act or the rules and regulations of the Commission thereunder (the "1933 Act Regulations") or state securities lawslaws and -------------------- except for qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture Investment Advisory Agreement or the SecuritiesAdministration Agreement, except (A) such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act Regulations or the 1939 Act Regulations or 1940 Act, (B) such as may be required under the 1933 Act, the 1933 Act Regulations or state securities lawslaws and (C) the filing of the Notification of Election under the 1940 Act, which has been effected.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the SecuritiesGuarantors of their respective obligations hereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany and the Guarantors, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company or the Parent Guarantor of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture by the Company or the SecuritiesParent Guarantor, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Registration Rights Agreement or the Indenture or by the SecuritiesCompany, except such as have been already made obtained or obtained as may be required under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under state securities laws.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company Issuers of its their respective obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture, the Indenture or Guaranty and the SecuritiesSecurities by the Issuers, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities or the Conversion Shares hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or in the Concurrent Offerings or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency agency, domestic or foreign, is necessary or required for the due authorization, execution and delivery by the Company of this Underwriting Agreement or the applicable Terms Agreement or for the performance by the Company of its obligations the transactions contemplated under the Prospectus, this Underwriting Agreement, the Indenture such Terms Agreement or the Securities, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this Agreement, the Indenture or the SecuritiesIndenture, except such as have been already made or obtained may be required under the 1933 Act, the Act or 1933 Act Regulations, the 1939 1934 Act or 1934 Act Regulations, the 1939 Act, the 1939 Act Regulations or as may be required under state securities laws.

Absence of Further Requirements. No material filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company and the Guarantors of its their obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities (and the Guarantees) hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany and the Guarantors, except such as have been already made or obtained under the 1933 Act, the 1933 Act Regulations, the 1939 Act or the 1939 Act Regulations or as may be required under the 1933 Act or the 1933 Act Regulations or state securities lawslaws and except for the qualification of the Indenture under the 1939 Act.

Absence of Further Requirements. No filing with, or authorization, approval, consent, license, order, registration, qualification or decree of, any court or governmental authority or agency is necessary or required for the performance by the Company of its obligations under this Agreement, the Indenture or the Securitieshereunder, in connection with the offering, issuance or sale of the Securities hereunder or the consummation of the other transactions contemplated by this AgreementAgreement or for the due execution, delivery or performance of the Indenture or by the SecuritiesCompany, except such as have been already made or obtained or will be made or obtained prior to Closing Time under the 1933 Act, the 1933 Act Regulations, the 1939 Act Regulations or the 1939 Act Regulations or and except as may be required under state securities laws.