Common use of No Adverse U Clause in Contracts

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any Governmental Authority, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the Purchaser's reasonable judgment, could materially and adversely affect the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion of the Preferred Stock, or any part thereof as an investment. There shall be no action, suit, investigation or proceeding pending or threatened, against or affecting the Purchaser, any of its properties or rights, or any of its Affiliates, associates, officers or directors, before any Governmental Authority which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and the other Transaction Documents, or (ii) questions the validity or legality of any such transactions or seeks to recover damages or to obtain other relief in connection with any such transactions, and there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any Governmental Authoritygovernmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the PurchaserCompany's reasonable judgment, could materially and adversely affect the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion any of the Preferred Stock, Shares or any part thereof as an investment. There shall be no action, suit, investigation or proceeding pending or threatened, against or affecting the PurchaserCompany, any of its properties or rights, or any of its Affiliates, associates, officers or directors, before any Governmental Authority court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, or (ii) questions the validity or legality of any such transactions or seeks to recover damages or to obtain other relief in connection with any such transactions, and and, to the Company's knowledge, there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any Governmental Authoritygovernmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the Purchaser's Investors' reasonable judgment, could would materially and adversely affect their investment in the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion of the Preferred Stock, or any part thereof as an investmentNew Securities. There shall be no action, suit, investigation or proceeding proceeding, pending or threatened, against or affecting the PurchaserCompany, its Subsidiaries or any of its their respective properties or rights, or any of its Affiliatestheir respective affiliates, associates, officers or directors, before any Governmental Authority court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and any of the other Transaction Documents, Amended Related Documents or (ii) questions the validity or legality of any such transactions transaction or seeks to recover damages or to obtain other relief in connection with any such transactionstransaction, and there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any Governmental Authoritygovernmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the Purchaser's reasonable judgment, could materially and adversely affect the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion any of the Preferred Stock, Shares or any part thereof as an investment. There shall be no action, suit, investigation or proceeding pending or threatened, against or affecting the Purchaser, any of its properties or rights, or any of its Affiliates, associates, officers or directors, before any Governmental Authority court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, or (ii) questions the validity or legality of any such transactions or seeks to recover damages or to obtain other relief in connection with any such transactions, and and, to the Purchaser's knowledge, there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any Governmental Authoritygovernmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either house of Congress by any committee of either such house to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the PurchaserCompany's reasonable judgment, could materially and adversely affect the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion any of the Preferred Stock, Shares or any part thereof as an investment. There shall be no action, action ,suit, investigation or proceeding pending or threatened, against or affecting the PurchaserCompany, any of its properties or rights, or any of its Affiliates, associates, officers or directors, before any Governmental Authority court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and the other Transaction DocumentsAgreement, or (ii) questions the validity or legality of any such transactions or seeks to recover damages or to obtain other relief in connection with any such transactions, and and, to the Company's knowledge, there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any Governmental Authoritygovernmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the Purchaser's Investors' reasonable judgment, could would materially and adversely affect their investment in the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion of the Preferred Stock, or any part thereof as an investmentSecurities. There shall be no action, suit, investigation or proceeding proceeding, pending or threatened, against or affecting the PurchaserHoldings, its Subsidiaries or any of its their respective properties or rights, or any of its Affiliatestheir respective affiliates, associates, officers or directors, before any Governmental Authority court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and any of the other Transaction Documents, Related Documents or (ii) questions the validity or legality of any such transactions transaction or seeks to recover damages or to obtain other relief in connection with any such transactionstransaction, and there shall be no valid basis for any such action, proceeding or investigation.