Common use of Covenant to Take Certain Actions Clause in Contracts

Covenant to Take Certain Actions. Before taking any action which would cause an adjustment to the Exchange Rate such that the Exchange Price per Common Share issuable upon exchange of the Notes would be less than the par value of the Common Shares, the REIT shall take all corporate actions that may, in the opinion of its counsel, be necessary so it may validly and legally issue Common Shares at such adjusted Exchange Rate.

Covenant to Take Certain Actions. Before taking any action which would cause an adjustment to the Exchange Rate such that the Exchange Price per share of Common Share Stock issuable upon exchange of the Notes would be less than the par value of the Common SharesStock, the REIT shall take all corporate actions that may, in the opinion of its counsel, be necessary so it may validly and legally issue Common Shares Stock at such adjusted Exchange Rate.