Covenants of the Operating Partnership. The Operating Partnership covenants with each Underwriter as follows:
Covenants of the Operating Partnership. The Operating Partnership covenants with you, and with each Underwriter participating in the offering of Underwritten Securities, as follows:
(a) Immediately following the execution of the applicable Terms Agreement, the Operating Partnership will prepare a Prospectus Supplement setting forth the principal amount of Underwritten Securities covered thereby and their terms not otherwise specified in the Prospectus pursuant to which the Underwritten Securities are being issued, the names of the Underwriters participating in the offering and the principal amount of Underwritten Securities which each severally has agreed to purchase, the names of the Underwriters acting as co-managers in connection with the offering, the price at which the Underwritten Securities are to be purchased by the Underwriters from the Operating Partnership, the initial public offering price, if any, the selling concession and reallowance, if any, any delayed delivery arrangements, and such other information as you and the Operating Partnership deem appropriate in connection with the offering of the Underwritten Securities; and the Operating Partnership will transmit copies of the Prospectus Supplement to the Commission for filing pursuant to and in accordance with Rule 424(b) of the 1933 Act Regulations and will furnish to the Underwriters named therein as many copies of the Prospectus (including such Prospectus Supplement) as you shall reasonably request. If the Operating Partnership elects to rely on Rule 434 under the 1933 Act Regulations, the Operating Partnership will prepare an abbreviated term sheet that complies with the requirements of Rule 434 under the 1933 Act Regulations and will provide the Underwriters with copies of the form of Rule 434 Prospectus, in such number as the Underwriters may reasonably request, and file or transmit for filing with the Commission the form of Prospectus complying with Rule 434(c)(2) of the 1933 Act Regulations in accordance with Rule 424(b) of the 1933 Act Regulations.
(b) The Operating Partnership will notify you immediately, and confirm such notice in writing, of (i) the effectiveness of any amendment to the Registration Statement, (ii) the transmittal to the Commission for filing of any Prospectus Supplement or other supplement or amendment to the Prospectus or any document to be filed pursuant to the 1934 Act, (iii) the receipt of any comments from the Commission, (iv) any request by the Commission for any amendment to the Registration St...
Covenants of the Operating Partnership. The Operating Partnership covenants with each Initial Purchaser as follows:
Covenants of the Operating Partnership. The Operating Partnership covenants and agrees with each Agent as follows:
Covenants of the Operating Partnership. The Operating Partnership covenants with the Representatives and with each Underwriter participating in the offering of Underwritten Securities, as follows:
Covenants of the Operating Partnership. Each of the Operating Partnership and the Company, jointly and severally, covenants with each Underwriter as follows:
Covenants of the Operating Partnership. In further consideration of the agreements of the Underwriters herein contained, the Company and the Operating Partnership covenant as follows:
(a) To furnish the Manager, without charge, 3 signed copies of the Registration Statement (including exhibits thereto) and for delivery to each other Underwriter a conformed copy of the Registration Statement (without exhibits thereto) and, during the period mentioned in paragraph 6(c), as many copies of the Prospectus, any documents incorporated by reference therein and any supplements and amendments thereto or to the Registration Statement as the Manager may reasonably request.
(b) Before amending or supplementing the Registration Statement or the Prospectus with respect to the Offered Securities, to furnish to the Manager a copy of each such proposed amendment or supplement and not to file any such proposed amendment or supplement to which the Manager reasonably objects.
(c) If, during such period after the first date of the public offering of the Offered Securities as in the opinion of counsel for the Underwriters the Prospectus is required by law to be delivered in connection with sales by an Underwriter or dealer, any event shall occur or condition exist as a result of which it is necessary to amend or supplement the Prospectus in order to make the statements therein, in the light of the circumstances when the Prospectus is delivered to a purchaser, not misleading, or if, in the opinion of counsel for the Underwriters, it is necessary to amend or supplement the Prospectus to comply with applicable law, forthwith to prepare, file with the Commission and furnish, at its own expense, to the Underwriters and to the dealers (whose names and addresses the Manager will furnish to the Operating Partnership) to which Offered Securities may have been sold by the Manager on behalf of the Underwriters and to any other dealers upon request, either amendments or supplements to the Prospectus so that the statements in the Prospectus as so amended or supplemented will not, in the light of the circumstances when the Prospectus is delivered to a purchaser, be misleading or so that the Prospectus, as amended or supplemented, will comply with law; it being understood that, in the case of any amendment to the Prospectus by means of the filing of the Operating Partnership's quarterly or annual reports under the Exchange Act, the Underwriters and their counsel will be furnished copies promptly after the filing thereof.
(d) To endea...
Covenants of the Operating Partnership. The Operating Partnership covenants with Merrxxx Xxxcx xxx with each Underwriter participating in the offering of Underwritten Securities, as follows:
Covenants of the Operating Partnership. SECTION 8.01.
Covenants of the Operating Partnership. The Operating Partnership hereby covenants and agrees that, so long as the Commitments remain in effect and any Note or Loan remains outstanding, and until payment in full of all amounts payable by the Operating Partnership to any Lender or the Administrative Agent hereunder:
