Common use of Acknowledgement Regarding Investor’s Acquisition of Securities Clause in Contracts

Acknowledgement Regarding Investor’s Acquisition of Securities. Each of the Company and the Operating Partnership acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s-length purchaser with respect to this Agreement and the transactions contemplated by the Transaction Documents. Each of the Company and the Operating Partnership further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company or the Operating Partnership (or in any similar capacity) with respect to this Agreement and the transactions contemplated by the Transaction Documents, and any advice given by the Investor or any of its representatives or agents in connection therewith is merely incidental to the Investor’s acquisition of the Securities. Each of the Company and the Operating Partnership further represents to the Investor that the Company’s and the Operating Partnership’s decision to enter into the Transaction Documents to which it is a party has been based solely on the independent evaluation of the transactions contemplated thereby by the Company and the Operating Partnership, respectively, and their respective representatives. Each of the Company and the Operating Partnership acknowledges and agrees that the Investor has not made and does not make any representations or warranties with respect to the transactions contemplated by the Transaction Documents other than those specifically set forth in Article IV.

Acknowledgement Regarding Investor’s Acquisition of Securities. Each of the Company and the Operating Partnership acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s-length purchaser with respect to this Agreement and the transactions contemplated by the Transaction Documents. Each of the Company and the Operating Partnership further acknowledges that none of the Investor, its Investor General Partner or its Investment Manager is not acting as a financial advisor or fiduciary of the Company or the Operating Partnership (or in any similar capacity) with respect to this Agreement and the transactions contemplated by the Transaction Documents, and any advice given by the Investor, its Investor General Partner, its Investment Manager or any of its their representatives or agents in connection therewith is merely incidental to the Investor’s acquisition of the Securities. Each of the Company and the Operating Partnership further represents to the Investor that the Company’s and the Operating Partnership’s decision to enter into the Transaction Documents to which it is a party has been based solely on the independent evaluation of the transactions contemplated thereby by the Company and the Operating Partnership, respectively, and their respective representatives. Each of the Company and the Operating Partnership acknowledges and agrees that the Investor has not made and does not make any representations or warranties with respect to the transactions contemplated by the Transaction Documents other than those specifically set forth in Article IV.