Common use of Disclosure Package and Prospectus Clause in Contracts

Disclosure Package and Prospectus. The Preliminary Prospectus Supplement, as of the date thereof, did not include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. As of the Applicable Time (as defined below), neither (x) the Prospectus as of the Applicable Time as supplemented by the Pricing Term Sheet, that has been prepared and delivered by the Company and the Operating Partnership to the Underwriters in connection with their solicitation of offers to purchase Securities, all considered together (collectively, the “Disclosure Package”), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Disclosure Package and Prospectus. The Preliminary Prospectus Supplement, as of the date thereof, did not include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. As of the Applicable Time (as defined below), neither (x) the Prospectus as of the Applicable Time as supplemented by the Pricing Term Sheet, that has been prepared and delivered by the Company and the Operating Partnership Transaction Entities to the Underwriters in connection with their solicitation of offers to purchase Securities, all considered together (collectively, the “Disclosure Package”), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.