Common use of Authorization of the Notes Clause in Contracts

Authorization of the Notes. The Notes are in the form contemplated by the Indenture, have been duly authorized for issuance and sale pursuant to this Agreement and the Indenture and, on the Closing Date, will have been duly executed by the Operating Partnership and, when authenticated in the manner provided for in the Indenture and delivered against payment of the purchase price therefor, will constitute valid and binding obligations of the Operating Partnership, enforceable in accordance with their terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights and remedies of creditors or by general equitable principles and will be entitled to the benefits of the Indenture.

Authorization of the Notes. The Notes are in the form contemplated by the Indenture, have been duly authorized for issuance and sale pursuant to this Agreement and by the Indenture Operating Partnership and, on at the Closing Date, applicable Settlement Date will have been duly executed by the Operating Partnership and, when executed, authenticated in and issued pursuant to the manner provided for in provisions of the Indenture and delivered against payment of the purchase price therefortherefor as provided herein, will constitute valid and binding obligations of the Operating Partnership, enforceable against the Operating Partnership in accordance with their terms, except as (A) the enforcement enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally and (B) rights of acceleration and the rights and availability of equitable remedies of creditors or may be limited by general equitable principles of general applicability, and the Notes will be in the form contemplated by, and entitled to the benefits of of, the Indenture.