Common use of Litigation; Defaults Clause in Contracts

Litigation; Defaults. There is no action, suit, proceeding or investigation pending or, to the knowledge of the REIT, threatened against or affecting the REIT or any of the Subsidiaries, or any properties of any of the foregoing, before or by any court or arbitrator or any governmental body, agency or official which (individually or in the aggregate) could reasonably be expected to (i) have a Material Adverse Effect on the REIT and the Subsidiaries on a consolidated basis, or (ii) impair the ability of the REIT, to perform fully any material obligation which the REIT, has or will have under any Transaction Document. Neither the REIT nor any Subsidiary is in violation of, or in default under (and there does not exist any event or condition which, after notice or lapse of time or both, would constitute such a default under), any term of its Charter Documents or similar documents of any Subsidiary or of any term of any agreement, instrument, judgment, decree, order, statute, injunction, governmental regulation, rule or ordinance (including without limitation, those relating to zoning, city planning or similar matters) applicable to the REIT or any Subsidiary or to which the REIT or any Subsidiary is bound, or to any properties of the REIT and any Subsidiary, except in each case to the extent that such violations or defaults, individually or in the aggregate, would not reasonably be expected to (a) affect the validity of any Transaction Document, (b) have a Material Adverse Effect on the REIT and any Subsidiary on a consolidated basis, or (c) impair the ability of the REIT to perform fully any material obligation which the REIT has or will have under any Transaction Document.

Litigation; Defaults. There is no action, suit, proceeding or investigation pending or, to the knowledge of the REITREIT or the Operating Partnership, threatened against or affecting the REIT REIT, the Operating Partnership or any of the Subsidiaries, or any properties of any of the foregoing, before or by any court or arbitrator or any governmental body, agency or official which (individually or in the aggregate) could would reasonably be expected to (i) have a Material Adverse Effect on the REIT REIT, the Operating Partnership and the Subsidiaries on a consolidated basis, or (ii) impair the ability of the REIT, the Operating Partnership or any Subsidiary to perform fully any material obligation which the REIT, the Operating Partnership or any such Subsidiary has or will have under any Transaction Document. Neither the REIT REIT, the Operating Partnership nor any Subsidiary is in violation of, or in default under (and there does not exist any event or condition which, after notice or lapse of time or both, would constitute such a default under), any term of its Charter Documents or similar documents of any Subsidiary Partnership Documents or of any term of any agreement, instrument, judgment, decree, order, statute, injunction, governmental regulation, rule or ordinance (including without limitation, those relating to zoning, city planning or similar matters) applicable to the REIT REIT, the Operating Partnership or any Subsidiary or to which the REIT REIT, the Operating Partnership or any Subsidiary is bound, or to any properties of the REIT REIT, the Operating Partnership and any Subsidiary, except in each case to the extent that such violations or defaults, individually or in the aggregate, would not reasonably be expected to (a) affect the validity of any Transaction Document, (b) have a Material Adverse Effect on the REIT REIT, the Operating Partnership and any Subsidiary on a consolidated basis, or (c) impair the ability of the REIT REIT, the Operating Partnership or any Subsidiary to perform fully any material obligation which the REIT REIT, the Operating Partnership or any Subsidiary has or will have under any Transaction Document.

Litigation; Defaults. There Except as set forth on Schedule 5.23 hereto, there is no action, suit, proceeding or investigation pending or, to the knowledge of the REITCompany, threatened against or affecting the REIT Company, any of its Subsidiaries, , any director, officer, agent, employee, consultant or other Person acting on the behalf of the Company or any of the its Subsidiaries, or any properties of any of the foregoing, before or by any court or arbitrator or any governmental bodyGovernmental Authority, agency or official which (individually or in the aggregate) could reasonably be expected to (i) have a Material Adverse Effect on the REIT Company and the its Subsidiaries on a consolidated basis, or (ii) impair the ability of the REIT, Company or any of its Subsidiaries to perform fully on a timely basis any material obligation which the REIT, Company or such Subsidiary has or will have under any Transaction Document. Neither the REIT Company nor any Subsidiary of its Subsidiaries is in violation of, or in default under (and there does not exist any event or condition which, after notice or lapse of time or both, would constitute such a default under), any term of its Charter Documents or similar documents of any Subsidiary Documents, or of any term of any agreement, Contract, instrument, judgment, decree, orderwrit, statutedetermination, injunctionarbitration award, governmental regulationor Law (including, rule or ordinance (including without limitation, those relating to zoninglabor, city planning employment, occupational health and safety or similar matters) applicable to the REIT Company or any Subsidiary of its Subsidiaries or to which the REIT Company or any Subsidiary of its Subsidiaries is bound, or to any properties of the REIT and Company or any Subsidiaryof its Subsidiaries, except in each case to the extent that such violations or defaults, individually or in the aggregate, would could not reasonably be expected to (a) affect the validity or enforceability of any Transaction Document, (b) have a Material Adverse Effect on the REIT Company and any Subsidiary its Subsidiaries on a consolidated basis, or (c) impair the ability of the REIT Company or any of its Subsidiaries to perform fully on a timely basis any material obligation which the REIT has Company or any such Subsidiary will have under any Transaction Document.. 5.8