Common use of Excluded Transactions Clause in Contracts

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iiiii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i1) the IPO; (ii) a registration statement filed any Public Offering relating to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii2) any registration statement Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover solely issuances under employee benefits plans or dividend reinvestment plans; or; (iii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses, assets or properties; or (iv) any registration related solely to an exchange by the Company of its own securities.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 8.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 1.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 6.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or; (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses; or (c) The Initial Public Offering, unless such offering shall have been initiated pursuant to Section 6.1.1.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 3 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits with mergers, acquisitions, exchange offers, dividend reinvestment plans or dividend reinvestment stock option or other employee benefit plans; or (iii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall Corporation will not be obligated to effect any registration of Registrable Securities under this Section 2.1 Article 3 incidental to the registration of any of its Securities securities in connection with: : (ia) the IPO; (ii) a any registration statement filed relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or or (iiib) any registration statement relating solely to the acquisition or merger or other type of transaction described in Rule 145 under the Securities Act after the date hereof by the Company Corporation or any of its Subsidiaries subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall will not be obligated to effect any registration of Registrable Securities Shares under this Section 2.1 3 incidental to the registration of any of its Securities securities in connection with: : (i) the IPO; (iia) a registration statement filed on Form S-8 relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or or (iiib) any a registration statement on Form S-4 relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 3.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or (iiiii) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement on Form S-8 or any similar form filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii) any registration statement on Form S-4 or any similar form relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses. (iv) any registration related solely to an exchange by the Company of its own securities.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 8.3 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or; (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof of the Original Agreement by the Company or any of its Subsidiaries subsidiaries of or with any other businesses; or (c) Any Public Offering initiated by the NatWest Investors pursuant to Section 8.2A.1.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; (iii) a registration statement filed solely to cover issuances of Common Stock upon exchange of outstanding BPG Subsidiary Shares and OP Units; or (iiiiv) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 3.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or; (iiiii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses; or (iii) any registration related solely to an exchange by the Company of its own securities.

Excluded Transactions. The Company shall Corporation will not be obligated to effect any registration of Registrable Securities under this Section 2.1 Article 3 incidental to the registration of any of its Securities securities in connection with: : (i) the IPO; (ii) a any registration statement filed relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or or (iiiii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company Corporation or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 6.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or; (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses; or (c) The Initial Public Offering.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement on Form S-8 or any similar form filed to cover issuances under employee benefits plans or dividend reinvestment plans; or; (iii) any registration statement on Form S-4 or any similar form relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses; or (iv) any registration related solely to an exchange by the Company of its own securities.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement on Form S-8 or any similar form filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iiiii) any registration statement on Form S-4 or any similar form relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated --------------------- to effect any registration of Registrable Securities under this Section 2.1 8.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or. (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses. (c) Any public offering of debt securities or preferred stock of the Company pursuant to a registration statement under the Securities Act.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities Shares under this Section 2.1 1.2 incidental to the registration of any of its Securities securities in connection with: (ia) the IPO; Any Public Offering which is carried out to effect (iibut not to finance) a registration statement filed relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or (iiib) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 6.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPOAny Public Offering relating only to employee benefit plans or dividend reinvestment plans; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businessesbusinesses or in connection with a Rule 145 Transaction; or (iii) The Initial Public Offering, unless any Shares held by Sponsors are included in such offering.

Excluded Transactions. The Company shall not be obligated to --------------------- effect any registration of Registrable Securities under this Section 2.1 3.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or (iiiii) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 1.1.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 7.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits with mergers, acquisitions, exchange offers, dividend reinvestment plans or dividend reinvestment plans; or (iii) any stock option or other employee benefit plan, if such registration statement relating solely to the acquisition or merger after the date hereof by the Company is on Form X-0, Xxxx X-0 or any of its Subsidiaries of or with any other businessessimilar form.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or plans, dividend reinvestment plans, or a convertible debt offering; or (iiiii) any registration statement relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 1.1.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits plans or dividend reinvestment plans; or (iii) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businessesbusiness. (ii) Any Public Offering relating to employee benefit plans or dividend reinvestment plans.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 7.2 incidental to the registration of any of its Securities securities in connection with: (iA) the IPO; (ii) a registration statement filed Any Public Offering relating to cover issuances under employee benefits benefit plans or dividend reinvestment plans; or; (iiiB) any registration statement Any Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses; or (C) The Initial Public Offering except as to Registrable Securities requested to be included in such offering by the Series A Holders.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 8.1 incidental to the registration of any of its Securities in connection with: (ia) the IPO; (ii) a registration statement filed any Public Offering relating to cover issuances under employee benefits plans or dividend reinvestment plans; or (iiib) any registration statement Public Offering relating solely to the acquisition or merger after the date hereof by the Company or any of its Subsidiaries of or with any other businesses.

Excluded Transactions. The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 10.2 incidental to the registration of any of its Securities securities in connection with: (i) the IPO; (ii) a registration statement filed to cover issuances under employee benefits with mergers, acquisitions, exchange offers, dividend reinvestment plans or dividend reinvestment plans; or (iii) any stock option or other employee benefit plan, if such registration statement relating solely to the acquisition or merger after the date hereof by the Company is on Form S-4, Form S-8 or any of its Subsidiaries of or with any other businessessimilar form.