Common use of Actions or Proceedings Clause in Contracts

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Shares or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, (iv) that would reasonably be expected to result in a Company MAE, or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal tribunal: (i) asserting the invalidity of this Agreement, ; (ii) seeking to prevent the issuance of the Common Shares or the consummation of any of the transactions contemplated by this Agreement, ; (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, ; (iv) that would reasonably be expected to result in a Company MAE, or or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, Shares except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) above arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Datedate of this Agreement, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Preferred Shares or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under under, or the validity or enforceability of, this Agreement or the Common Preferred Shares, (iv) that would reasonably be expected to result in a Company MAE, or (v) seeking to affect materially and adversely the U.S. federal income tax attributes of the Common Preferred Shares, except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h2(g) arising or occurring on or after the initial Effective Datedate of this Agreement.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal tribunal: (i) asserting the invalidity of this Agreement, ; (ii) seeking to prevent the issuance of the Common Shares Units or the consummation of any of the transactions contemplated by this Agreement, ; (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, Units; (iv) that would reasonably be expected to result in a Company MAE, or or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, Units except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) above arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries (including, without limitation, the Operating Partnership), pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Shares or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to might materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, (iv) that would reasonably be expected to might result in a Company MAE, or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, Shares except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager Managers of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h1(f) arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Shares Units or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common SharesUnits, (iv) that would reasonably be expected to result in a Company MAE, or (v) seeking to affect adversely the U.S. federal income tax attributes of the Common SharesUnits, except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h1(g) arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Shares Units or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common SharesUnits, (iv) that would reasonably be expected to result in a Company MAE, or (v) seeking to affect adversely the federal income tax attributes of the Common SharesUnits, except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h1(g) arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Datedate first written above, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Shares or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, (iv) that would reasonably be expected to result in a Company MAE, or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) arising or occurring on or after the initial Effective Datedate first written above.

Actions or Proceedings. As of Unless otherwise described in the initial Effective DateProspectus, there are no actions, suits or proceedings against, or investigations of, the Company or its consolidated subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal tribunal: (i) asserting the invalidity of this Agreement, ; (ii) seeking to prevent the issuance of the Common Shares Preferred Stock or the consummation of any of the transactions contemplated by this Agreement, ; (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, Preferred Stock; (iv) that would reasonably be expected to result in a Company MAE, or or (v) seeking to affect adversely the U.S. federal income tax attributes of the Common Shares, Preferred Stock except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) above arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal tribunal: (i) asserting the invalidity of this Agreement, ; (ii) seeking to prevent the issuance of the Common Shares mShares or the consummation of any of the transactions contemplated by this Agreement, ; (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, mShares; (iv) that would reasonably be expected to result in a Company MAE, or or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, mShares except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) above arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal tribunal: (i) asserting the invalidity of this Agreement, ; (ii) seeking to prevent the issuance of the Common Shares or the consummation of any of the transactions contemplated by this Agreement, ; (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, ; (iv) that would reasonably be expected to result in a Company MAE, or ; or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, Shares except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) above arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial Effective Date, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal tribunal: (i) asserting the invalidity of this Agreement, ; (ii) seeking to prevent the issuance of the Common Shares Preferred Stock or the consummation of any of the transactions contemplated by this Agreement, ; (iii) that would reasonably be expected to materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, Preferred Stock; (iv) that would reasonably be expected to result in a Company MAE, or or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, Preferred Stock except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h) above arising or occurring on or after the initial Effective Date.

Actions or Proceedings. As of the initial date hereof and as of the first Effective DateDate after the date hereof, there are no actions, suits or proceedings against, or investigations of, the Company or its subsidiaries pending or, to the knowledge of the Company, threatened, before any court, arbitrator, administrative agency or other tribunal (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the issuance of the Common Shares or the consummation of any of the transactions contemplated by this Agreement, (iii) that would reasonably be expected to might materially and adversely affect the performance by the Company of its obligations under or the validity or enforceability of, this Agreement or the Common Shares, (iv) that would reasonably be expected to might result in a Company MAE, or (v) seeking to affect adversely the federal income tax attributes of the Common Shares, Shares except as described in the Prospectus. The Company promptly will give notice to the Dealer Manager of the occurrence of any action, suit, proceeding or investigation of the type referred to in this Section 1(h1(g) arising or occurring on or after the initial Effective Datedate hereof.