Common use of Authority; Approval Required Clause in Contracts

Authority; Approval Required. (a) Each of the REIT I Parties has the requisite corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the Stockholder Approvals, to consummate the transactions contemplated by this Agreement, including the Mergers. The execution and delivery of this Agreement by each of the REIT I Parties and the consummation by the REIT I Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings on the part of the REIT I Parties are necessary to authorize this Agreement or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, (i) with respect to the REIT Merger, to receipt of the applicable Stockholder Approval, to the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDAT, and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles of Amendment by, the SDAT.

Authority; Approval Required. (a) Each of the REIT I III Parties has the requisite corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the REIT III Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Mergers. The execution and delivery of this Agreement by each of the REIT I III Parties and the consummation by the REIT I III Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings on the part of the REIT I III Parties are necessary to authorize this Agreement or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, (i) with respect to the REIT Merger, to receipt of the applicable REIT III Stockholder Approval, the filing of Articles of Amendment relating to the REIT III Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDAT, SDAT and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles the Partnership Certificate of Amendment Merger by, the SDATDE SOS.

Authority; Approval Required. (a) Each of the REIT I Parties has the requisite corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the Stockholder Approvals, to consummate the transactions contemplated by this Agreement, including the MergersMerger. The execution and delivery of this Agreement by each of the REIT I Parties and the consummation by the REIT I Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings proceeding on the part of the REIT I Parties are is necessary to authorize this Agreement or the Mergers Merger or to consummate the other transactions contemplated by this Agreement, subject, (i) with respect to the REIT Merger, to receipt of the applicable Stockholder ApprovalApprovals, to the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDATSDAT in accordance with the MGCL, and to the filing of the REIT I Certificate of Merger with, and acceptance for record of the Certificate of Merger by, the DE SOS in accordance with the DE SOS, DLLCA and (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the REIT I Charter Amendment, to receipt of the applicable Stockholder Approval Approvals and to the filing of Articles of Amendment with, and acceptance for record of Articles of Amendment by, the SDAT.

Authority; Approval Required. (a) Each of the REIT I XXXX IV Parties has the requisite corporate corporate, limited liability company or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the XXXX IV Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Mergers. The execution and delivery of this Agreement by each of the REIT I XXXX IV Parties and the consummation by the REIT I XXXX IV Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate corporate, limited liability company or limited partnership proceedings on the part of the REIT I XXXX IV Parties are necessary to authorize this Agreement or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, (i) with respect to the REIT Merger, to receipt of the applicable XXXX IV Stockholder Approval, to the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDAT, and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with with, and acceptance for record of the Partnership Certificate of Merger by, the DE SOS and (iii) with respect to the XXXX IV Charter Amendment, to receipt of the applicable XXXX IV Stockholder Approval and to Approval, the filing of Articles of Amendment and Restatement relating to the XXXX IV Charter Amendment with, and acceptance for record of such Articles of Amendment byand Restatement, by the SDAT.

Authority; Approval Required. (a) Each of the REIT I CCIT II Parties has the requisite corporate corporate, limited partnership or limited partnership liability company power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject only to receipt of the Stockholder ApprovalsApproval in the case of CCIT II, to consummate the transactions contemplated by this Agreement, including the MergersREIT Merger, Partnership Merger and LP Merger, as applicable. The execution and delivery of this Agreement by each of the REIT I CCIT II Parties and the consummation by the REIT I CCIT II Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and corporate, limited partnership or limited liability company action, and no other corporate corporate, limited partnership or limited partnership liability company proceedings on the part of the REIT I CCIT II Parties are necessary to authorize this Agreement or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, subject to (i) with respect to the REIT Merger, to receipt of the applicable Stockholder Approval, (ii) the filing of Articles of Amendment relating to the Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT, (iii) the filing of the Partnership Certificate of Merger with, and acceptance for record of such Partnership Certificate of Merger by, the Delaware SOS, (iv) the filing of the LP Certificate of Merger with, and acceptance for record of such LP Certificate of Merger by, the Delaware SOS, and (v) the filing of the REIT Articles of Merger with, and acceptance for record of the such REIT Articles of Merger by, the SDAT, and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles of Amendment by, the SDAT.

Authority; Approval Required. (a) Each of the REIT I Parties has the requisite corporate or limited partnership power and authority, as applicable, authority to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the REIT I Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the MergersREIT Merger. The execution and delivery of this Agreement by each of the REIT I Parties and the consummation by the REIT I Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings on the part of the REIT I Parties are necessary to authorize this Agreement Agreement, the REIT Merger or the Mergers or to consummate the other transactions contemplated by this Agreement, subjectsubject to receipt of the REIT I Stockholder Approval and, with respect to the REIT I Charter Amendment, the filing of the REIT I Charter Amendment with and acceptance for record of the REIT I Charter Amendment by the SDAT and (i) with respect to the REIT Merger, to receipt of the applicable Stockholder Approval, to ) the filing of the Articles of Merger with, with and acceptance for record of the Articles of Merger by, the SDAT, and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles of Amendment by, by the SDAT.

Authority; Approval Required. (a) Each of the REIT I XXXX III Parties has the requisite corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the XXXX III Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Mergers. The execution and delivery of this Agreement by each of the REIT I XXXX III Parties and the consummation by the REIT I XXXX III Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings on the part of the REIT I XXXX III Parties are necessary to authorize this Agreement or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, (i) with respect to the REIT Merger, to receipt of the applicable XXXX III Stockholder Approval, the filing of Articles of Amendment relating to the XXXX III Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDAT, SDAT and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles the Partnership Certificate of Amendment Merger by, the SDATDE SOS.

Authority; Approval Required. (a) Each of the REIT I Parties has the requisite corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the REIT I Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the Mergers. The execution and delivery of this Agreement by each of the REIT I Parties and the consummation by the REIT I Parties of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings on the part of the REIT I Parties are necessary to authorize this Agreement or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, (i) with respect to the REIT Merger, to receipt of the applicable REIT I Stockholder Approval, the filing of Articles of Amendment relating to the REIT I Charter Amendment with, and acceptance for record of such Articles of Amendment, by the SDAT and the filing of the Articles of Merger with, and acceptance for record of the Articles of Merger by, the SDAT, SDAT and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles the Partnership Certificate of Amendment Merger by, the SDATDE SOS.

Authority; Approval Required. (a) Each of the REIT I Parties II and Merger Sub has the requisite corporate or limited partnership liability company power and authority, as applicable, to execute and deliver this Agreement, to perform its obligations hereunder and, subject to receipt of the REIT II Stockholder ApprovalsApproval, to consummate the transactions contemplated by this Agreement, including the MergersREIT Merger. The execution and delivery of this Agreement by each of the REIT I Parties II and Merger Sub and the consummation by the REIT I Parties II and Merger Sub of the transactions contemplated by this Agreement have been duly and validly authorized by all necessary corporate and or limited partnership liability company action, as applicable, and no other corporate or limited partnership liability company proceedings on the part of the REIT I Parties II or Merger Sub are necessary to authorize this Agreement Agreement, the REIT Merger or the Mergers or to consummate the other transactions contemplated by this Agreement, subject, subject to receipt of the REIT II Stockholder Approval and (iwith respect to the REIT II Charter Amendments) the filing of the REIT II Charter Amendments with and acceptance for record of the REIT II Charter Amendments by the SDAT and (with respect to the REIT Merger, to receipt of the applicable Stockholder Approval, to ) the filing of the Articles of Merger with, with and acceptance for record of the Articles of Merger by, the SDAT, and to the filing of the REIT I Certificate of Merger with the DE SOS, (ii) with respect to the Partnership Merger, to the filing of the Partnership Certificate of Merger with the DE SOS and (iii) with respect to the Charter Amendment, to receipt of the applicable Stockholder Approval and to the filing of Articles of Amendment with, and acceptance for record of Articles of Amendment by, by the SDAT.