Common use of Conditions of the Placement Agent’s Obligations Clause in Contracts

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership or any of their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership Company or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company, Company or the Operating Partnership Partnership, or any subsidiary of their respective subsidiaries the Company or the Operating Partnership, delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership Company or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and Company, the Operating Partnership and the Manager of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The Placement Agent’s obligations to act as agent of the Placement Agent Company hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership or any of their respective subsidiaries delivered pursuant to the provisions hereofherein contained, to the performance by the Company and of all its agreements herein contained, to the Operating Partnership fulfillment of their respective or compliance by the Company with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and Company, the Operating Partnership and the Manager contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership Company or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and Company, the Operating Partnership and the Manager of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, Company or the Operating Partnership or any of their respective subsidiaries delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will Agents as provided herein shall be subject to the continuing accuracy and completeness of the representations representations, warranties and warranties agreements of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer set forth herein as of the Company, date hereof and as of the Operating Partnership or any of their respective subsidiaries delivered pursuant to the provisions hereofClosing Date as though then made, to the timely performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to each of the following further conditions:

Conditions of the Placement Agent’s Obligations. The Placement Agents' obligations to act as agent of the Placement Agent Companies hereunder with respect to a Placement will shall be subject to the continuing accuracy and completeness of the representations and warranties on the part of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership or any of their respective subsidiaries delivered pursuant to the provisions hereofCompanies herein contained, to the performance by the Company and Companies of all their agreements herein contained, to the Operating Partnership fulfillment of their respective or compliance by the Companies with all covenants and other obligations hereunderconditions hereof, and to the following further additional conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and 20 completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, including the Operating Partnership form of certificate set forth in Exhibit E attached hereto, or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will shall be subject to the continuing continued accuracy and completeness in all material respects throughout the Offering Period of the representations representations, warranties, and warranties agreements of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership or any of their respective subsidiaries delivered pursuant to the provisions hereofTrust, to the performance in all material respects by the Company and the Operating Partnership Trust of their respective covenants obligations hereunder and other obligations hereunder, as contained in the Registration Statement and the Prospectus and at the date of Closing to the following further terms and conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership Manager contained in this Agreement or in certificates of any officer of the CompanyCompany or the Manager (whether signed on behalf of such officer, the Operating Partnership Company or such subsidiary or the Manager) or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership Manager of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership Company or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, to the completion by the Placement Agent of a due diligence review satisfactory to the Placement Agent, and to the continuing satisfaction of the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership Manager contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership Manager or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership Manager of their respective covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, including the Operating Partnership form of certificate set forth in Exhibit D attached hereto, or any subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent Agents hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership or any of their respective subsidiaries Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the following further conditions:

Conditions of the Placement Agent’s Obligations. The obligations of the Placement Agent hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties of the Company and the Operating Partnership contained in this Agreement or in certificates of any officer of the Company, the Operating Partnership Company or any Subsidiary of their respective subsidiaries the Company delivered pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of their respective its covenants and other obligations hereunder, and to the satisfaction (or waiver by the Placement Agent in its sole discretion) of the following further additional conditions: