Common use of At Closing Time Clause in Contracts

At Closing Time. the Representatives shall have received a letter agreement from DMI Partnership and from each director and executive officer of the Company and the Operating Partnership, wherein DMI Partnership and each such director or executive officer shall agree that during the period of 45 days from the date of any Prospectus Supplement they will not, without the prior written consent of Xxxxxxx Xxxxx, the Company and the Operating Partnership (which consent, in the case of the Company and the Operating Partnership, will be subject to the approval of the Company's unaffiliated directors), directly or indirectly, sell, offer to sell, grant any option for the sale of, enter into any agreement to sell, or otherwise dispose of, (i) any securities of the same class or series or ranking on a parity with any Underwritten Securities or any security convertible into or exchangeable for shares of such Underwritten Securities, and (ii) if such Prospectus Supplement relates to Preferred Stock that is convertible into or exchangeable for Common Stock, any Common Stock or Units or any security convertible into or exchangeable for shares of Common Stock. Such transfer restrictions do not apply to Units exchanged by DMI Partnership pursuant to a Unit bonus plan for employees of the Company and its subsidiaries. Such transfer restrictions do not apply to transfers to members of the family of such director or executive officer (or an entity for their benefit), or to the granting of a bona fide security interest to a secured party. Any transferees of such shares, Units or other securities will be likewise prohibited from making any transfer of shares, Units or other securities.

At Closing Time. the Representatives shall have received a letter agreement from DMI Partnership and from each director and executive officer of the Company and the Operating Partnership, wherein DMI Partnership and each such director or executive officer shall agree that during the period of 45 90 days from the date of any Prospectus Supplement they will not, without the prior written consent of Xxxxxxx XxxxxXxxxxxx, Xxxxx & Co., the Company and the Operating Partnership (which consent, in the case of the Company and the Operating Partnership, will be subject to the approval of the Company's unaffiliated directors), directly or indirectly, sell, offer to sell, grant any option for the sale of, enter into any agreement to sell, or otherwise dispose of, (i) any securities of the same class or series or ranking on a parity with any Underwritten Securities or any security convertible into or exchangeable for shares of such Underwritten Securities, and (ii) if such Prospectus Supplement relates to Preferred Stock that is convertible into or exchangeable for Common Stock, any Common Stock or Units or any security convertible into or exchangeable for shares of Common Stock. Such transfer restrictions do not apply to Units exchanged by DMI Partnership pursuant to a Unit bonus plan for employees of the Company and its subsidiaries. Such transfer restrictions do not apply to transfers to members of the family of such director or executive officer (or an entity for their benefit), or to the granting of a bona fide security interest to a secured party. Any transferees of such shares, Units or other securities will be likewise prohibited from making any transfer of shares, Units or other securities.

At Closing Time. the Representatives shall have received a letter agreement from DMI Partnership and from each director and executive officer of the Company and the Operating Partnership, wherein DMI Partnership and each such director or executive officer shall agree that during the period of 45 90 days from the date of any Prospectus Supplement they will not, without the prior written consent of Xxxxxxx Xxxxx, the Company and the Operating Partnership (which consent, in the case of the Company and the Operating Partnership, will be subject to the approval of the Company's unaffiliated directors), directly or indirectly, sell, offer to sell, grant any option for the sale of, enter into any agreement to sell, or otherwise dispose of, (i) any securities of the same class or series or ranking on a parity with any Underwritten Securities or any security convertible into or exchangeable for shares of such Underwritten Securities, and (ii) if such Prospectus Supplement relates to Preferred Stock that is convertible into or exchangeable for Common Stock, any Common Stock or Units or any security convertible into or exchangeable for shares of Common Stock. Such transfer restrictions do not apply to Units exchanged by DMI Partnership pursuant to a Unit bonus plan for employees of the Company and its subsidiaries. Such transfer restrictions do not apply to transfers to members of the family of such director or executive officer (or an entity for their benefit), or to the granting of a bona fide security interest to a secured party. Any transferees of such shares, Units or other securities will be likewise prohibited from making any transfer of shares, Units or other securities.