Common use of Due Authorization and Execution Clause in Contracts

Due Authorization and Execution. This Agreement and each Alternative Sales Agreement have been duly authorized, executed and delivered by each of the Transaction Entities. Neither the Company nor the Operating Partnership has entered into any other sales agency agreements or other similar arrangements with any agent or any other representative in respect of at the market offerings of any securities in accordance with Rule 415(a)(4) of the 1933 Act, except the Alternative Sales Agreements.

Due Authorization and Execution. This Agreement and each the Alternative Sales Agreement have been duly authorized, executed and delivered by each of the Transaction Entities. Neither the Company nor the Operating Partnership has entered into any other sales agency agreements or other similar arrangements with any agent or any other representative in respect of at the market offerings of any securities in accordance with Rule 415(a)(4) of the 1933 Act, except the Alternative Sales AgreementsAgreement.