Common use of Conditions of the Underwriters’ Obligations Clause in Contracts

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Firm Securities Shares to be delivered at each Time of Delivery shall be subject, in the Representatives' sole their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as such Time of the Firm Closing DateDelivery, to the accuracy of the statements of the Company's Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder hereunder, and to the following additional conditionsconditions precedent:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Firm Securities Shares to be delivered at each Time of Delivery shall be subject, in the Representatives' sole their discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as such Time of the Firm Closing DateDelivery, to the accuracy of the statements of the Company's Company officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their respective covenants and agreements hereunder hereunder, and to the following additional conditionsconditions precedent:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Securities, as provided herein, shall be subject, in the Representatives' sole discretion, subject to the continuing accuracy (in all material respects) of the representations and warranties of the Company contained herein as of the date hereof and as of each of the Firm Closing Date and the Option Closing Date, as if made on and as of the Firm Closing Dateany, to the accuracy of the statements of officers of the Company's officers Company made pursuant to the provisions hereof, hereof and to the performance by the Company of its covenants and agreements obligations hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Operating Partnership and the Company contained herein as of the date hereof of this Agreement as specified in Schedule 1 hereto and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the CompanyOperating Partnership's officers made pursuant to the provisions hereof, to the performance by the Operating Partnership and the Company of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' ’ sole discretion, to the accuracy of the representations and warranties of the Operating Partnership and the Company contained herein as of the date hereof of this Agreement as specified in Schedule 1 hereto and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's Operating Partnership’s officers made pursuant to the provisions hereof, to the performance by the Operating Partnership and the Company of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities Securities, as provided herein, shall be subject, in the Representatives' sole discretion, subject to the continuing accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of each of the Firm Closing Date and the Option Closing Date, as if made on and as of the Firm Closing Dateany, to the accuracy of the statements of officers of the Company's officers Company made pursuant to the provisions hereof, hereof and to the performance by the Company of its covenants and agreements obligations hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and each Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's and each Selling Securityholder's officers made pursuant to the provisions hereof, to the performance by the Company and each Selling Securityholder of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares shall be subject, unless waived by the Representative in the Representatives' its sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase and pay for the Firm Securities Shares to be delivered at each Time of Delivery shall be subject, in the Representatives' sole their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as such Time of the Firm Closing DateDelivery, to the accuracy of the statements of the Company's Company officers made pursuant to the provisions hereof, to the performance by the Company of its their respective covenants and agreements hereunder hereunder, and to the following additional conditionsconditions precedent:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholder of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers and the Selling Securityholders made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholders of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters hereunder to purchase and pay for the Firm Securities to be delivered at each Time of Delivery shall be subject, in the Representatives' sole their discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as such Time of the Firm Closing DateDelivery, to the accuracy of the statements of the Company's Company officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder hereunder, and to the following additional conditionsconditions precedent:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities Units shall be subject, in the Representatives' Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof of this Agreement as specified in Schedule 1 hereto and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholder of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations obligation of the several Underwriters to purchase offer and pay for sell the Firm Securities shall be subject, in the Representatives' sole discretion, is subject to the accuracy (as of the date hereof, and as of the closing dates) of and compliance with the representations and warranties of the Company contained herein as to the performance by it of its agreement and obligations hereunder, the date hereof and as of the Firm Closing Date, as if made accuracy on and as of the Firm Closing Date, to the accuracy closing dates of the statements of officers of the Company's officers Company made pursuant to the provisions hereof, to the performance by the Company on and as of the closing dates of its covenants and agreements hereunder obligations hereunder, and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The respective obligations of the several Underwriters to purchase and pay for the Firm Securities Shares shall be subject, in the Representatives' sole discretion, subject to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its all of their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Units shall be subject, unless waived by the Representative in the Representatives' its sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities Shares shall be subject, in the Representatives' Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's and the Selling Securityholder's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholder of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the sole discretion of the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof of this Agreement as specified in Schedule 1 hereto and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company parties hereto contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers Company and the Selling Securityholders made pursuant to the provisions hereof, to the performance by the Company parties hereto of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters each Underwriter to purchase and pay for the Firm Securities Shares shall be subject, in the Representatives' each Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and hereof, as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, and as of each Option Closing Date as if made on and as of each Option Closing Date, to the accuracy of the statements of the Company's directors and officers made pursuant to the provisions hereofhereof and otherwise, to the performance by the Company of its covenants and agreements hereunder hereunder, and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares shall be subject, in the RepresentativesUnderwriters' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholder contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares and the Optional Shares, as the case may be, shall be subject, in the Representatives' sole discretion, subject to the accuracy of the representations and warranties on the part of the Company and the Partnerships contained herein as of the date hereof time of execution hereof, the Closing Date and as of the Firm Closing Date, as if made on and as of the Firm any Option Closing Date, to the accuracy of the statements of the Company's officers Company and the Partnerships made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Partnerships of its covenants and agreements their obligations hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' Representative's sole discretion, to the accuracy of the representations and warranties of the Company and the Manager contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's and the Manager's officers made pursuant to the provisions hereof, to the performance by the Company and the Manager of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares shall be subject, unless waived by the Representatives in the Representatives' its sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made in writing pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities Shares shall be subject, in the Representatives' Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the RepresentativesUnderwriters' sole discretion, to the accuracy of the representations and warranties of the Company and the Guarantor contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's and Guarantor's officers made pursuant to the provisions hereof, to the performance by the Company and the Guarantor of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities and Optional Securities shall be subject, in the Representatives' sole its discretion, to the accuracy of the representations and warranties of the Company contained and the Trust herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Trust of its all of their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Manager contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's and the Manager's officers made pursuant to the provisions hereof, to the performance by the Company and the Manager of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholder of its respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities Notes shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities Shares shall be subject, in the RepresentativesUnderwriters' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters ------------------------------------------- Underwriter to purchase and pay for the Firm Securities Shares shall be subject, in the Representatives' Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholders of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities and Optional Securities shall be subject, in the Representatives' sole their discretion, to the accuracy of the representations and warranties of the Company contained and the Trust herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Trust of its all of their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities Options shall be subject, in the Representatives' Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company and each Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's and each Selling Securityholder's officers made pursuant to the provisions hereof, to the performance by the Company and each Selling Securityholder of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the sole discretion of the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Shareholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, subject to the accuracy of the representations and warranties of the Company and the Selling Stockholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of ------------------------------------------- the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholders of its their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The Except as otherwise ------------------------------------------- provided in Schedule 1, the obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy in of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholders of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters underwriters to purchase and pay for the Firm Securities firm securities shall be subject, in the Representativesrepresentatives' sole discretion, to the accuracy of the representations and warranties of the Company company contained herein as of the date hereof of this agreement as specified in schedule 1 hereto and as of the Firm Closing Datefirm closing date, as if made on and as of the Firm Closing Datefirm closing date, to the accuracy of the statements of the Companycompany's officers made pursuant to the provisions hereof, to the performance by the Company company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein in Section 2 hereof as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' Representative's sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholders of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers and the Selling Securityholder made pursuant to the provisions hereof, to the performance by the Company and the Selling Securityholder of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities and Optional Securities shall be subject, in the Representatives' sole its discretion, to the accuracy of the representations and warranties of the Company contained and the Trust herein as of the date hereof and as of the Firm Closing Date, Date as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Trust of its all of their covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters Underwriter to purchase and pay for the Firm Securities Securities, as provided herein, shall be subject, in the Representatives' sole discretion, subject to the continuing accuracy in all material respects of the representations and warranties of the Company contained herein as of the date hereof and as of each of the Firm Closing Date and the Option Closing Date, as if made on and as of the Firm Closing Dateany, to the accuracy of the statements of officers of the Company's officers Company made pursuant to the provisions hereof, hereof and to the performance by the Company of its covenants and agreements obligations hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the ------------------------------------------- several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' Representative's sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' Representative's sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Securityholder contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters ------------------------------------------- Underwriter to purchase and pay for the Firm Securities shall be subject, in the Representatives' Underwriter's sole discretion, to the accuracy of the representations and warranties of the Company and the Operating Partnership contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company and the Operating Partnership of its their respective covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of ------------------------------------------- the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' sole discretion, to the accuracy of the representations and warranties of the Company and the Selling Stockholders contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions:the

Conditions of the Underwriters’ Obligations. The obligations of the several Underwriters to purchase and pay for the Firm Securities shall be subject, in the Representatives' Representative's sole discretion, to the accuracy of the representations and warranties of the Company contained herein as of the date hereof and as of the Firm Closing Date, as if made on and as of the Firm Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, to the performance by the Company of its covenants and agreements hereunder and to the following additional conditions: