Common use of Non-Contravention/No Consents Clause in Contracts

Non-Contravention/No Consents. The execution, delivery and performance of this Agreement by the Holders, and the consummation by the Holders of the Transactions, does not conflict with, violate or result in a breach of any provision of, or constitute a default under, or result in the termination of or accelerate the performance required by, or result in a right of termination or acceleration under, (i) the organizational documents of any of the Holders, (ii) any mortgage, note, indenture, deed of trust, lease, loan agreement or other agreement binding upon any of the Holders or (iii) any permit, license, judgment, order, decree, ruling, injunction, statute, law, ordinance, rule or regulation applicable to the Holders or any of their respective Subsidiaries, other than in the cases of clauses (ii) and (iii) as would not reasonably be expected to adversely affect or delay the consummation of the Transactions by the Holders. Assuming the accuracy of the representations of the Company and the Operating Partnership set forth herein, other than as have been obtained prior to the date of this Agreement, no material consent, approval, order or authorization of, or material registration, declaration or filing with, any Governmental Authority is required on the part of the Holders or any of their respective Subsidiaries in connection with the execution, delivery and performance by the Holders of this Agreement and the consummation by the Holders of the Transactions.

Non-Contravention/No Consents. The execution, delivery and performance of this Agreement by the HoldersTransaction Agreements, the issuance of the shares of Class A Common Stock upon conversion of the Note in accordance with its terms and the consummation by the Holders Company of the TransactionsTransaction, does not conflict with, violate or result in a breach of any provision of, or constitute a default under, or result in the termination of or accelerate the performance required by, or result in a right of termination or acceleration under, (i) the organizational documents of any of the HoldersRestated Certificate or Bylaws, (ii) any credit agreement, mortgage, note, indenture, deed of trust, lease, license, loan agreement or other agreement binding upon the Company or any of the Holders its subsidiaries, or (iii) any permit, government license, judgment, order, decree, ruling, injunction, statute, law, ordinance, rule or regulation applicable to the Holders Company or any of their respective Subsidiariesits subsidiaries, other than in the cases of clauses (ii) and (iii) as would not not, individually or in the aggregate, reasonably be expected to adversely affect or delay the consummation of the Transactions by the Holdershave a Material Adverse Effect. Assuming the accuracy of the representations of the Company and the Operating Partnership Purchaser set forth herein, other than as have been obtained prior to the date of this Agreement, no material consent, approval, order or authorization of, or material registration, declaration or filing with, any Governmental Authority is required on the part of the Holders Company or any of their respective Subsidiaries its subsidiaries in connection with the execution, delivery and performance by the Holders Company of this Agreement and the consummation by the Holders Company of the TransactionsTransaction.

Non-Contravention/No Consents. The execution, delivery and performance of this Agreement by the HoldersAgreement, and the consummation by the Holders Company of the Transactions, does not conflict with, violate or result in a breach of any provision of, or constitute a default under, or result in the termination of or accelerate the performance required by, or result in a right of termination or acceleration under, (i) the organizational documents Amended and Restated Certificate of any Incorporation or Bylaws of the HoldersCompany, (ii) any mortgage, note, indenture, deed of trust, lease, loan agreement or other contract or agreement binding upon the Company or any of the Holders its Subsidiaries or (iii) any permit, license, judgment, order, decree, ruling, injunction, statute, law, ordinance, rule or regulation applicable to the Holders Company or any of their respective its Subsidiaries, other than in the cases of clauses (ii) and (iii) as would not reasonably be expected to adversely affect or delay the consummation of the Transactions by the Holdershave a Material Adverse Effect. Assuming the accuracy of the representations of the Company and the Operating Partnership Purchasers set forth herein, other than (A) the filing of a proxy statement and obtaining the approval of the Stockholder Proposal, (B) the filing of the Certificate of Designations with the Secretary of State of the State of Delaware, (C) any required filings under the HSR Act, (D) the filing of a Supplemental Listing Application with the NYSE or (E) as have been obtained prior to the date of this Agreement, no material consent, approval, order or authorization of, or material registration, declaration or filing with, any Governmental Authority Entity is required on the part of the Holders Company or any of their respective its Subsidiaries in connection with the execution, delivery and performance by the Holders Company of this Agreement and the consummation by the Holders Company of the Transactions.

Non-Contravention/No Consents. The execution, delivery and performance of this Agreement by the HoldersAgreement, and the consummation by the Holders Company of the Transactions, does not conflict with, violate or result in a breach of any provision of, or constitute a default under, or result in the termination of or accelerate the performance required by, or result in a right of termination or acceleration under, (i) the organizational documents Amended and Restated Certificate of any Incorporation or Bylaws of the HoldersCompany, (ii) any mortgage, note, indenture, deed of trust, lease, loan agreement or other contract or agreement binding upon the Company or any of the Holders its Subsidiaries, or (iii) any permit, license, judgment, order, decree, ruling, injunction, statute, law, ordinance, rule or regulation applicable to the Holders Company or any of their respective its Subsidiaries, other than in the cases of clauses (ii) and (iii) as would not reasonably be expected to adversely affect or delay the consummation of the Transactions by the Holdershave a Material Adverse Effect. Assuming the accuracy of the representations of the Company and the Operating Partnership Purchasers set forth herein, other than (A) the filing of a proxy statement and obtaining the approval of the Stockholder Proposal, (B) the filing of the Certificate of Designations with the Secretary of State of the State of Delaware, (C) any required filings under the HSR Act, (D) the filing of a Supplemental Listing Application with the NYSE, or (E) as have been obtained prior to the date of this Agreement, no material consent, approval, order or authorization of, or material registration, declaration or filing with, any Governmental Authority Entity is required on the part of the Holders Company or any of their respective its Subsidiaries in connection with the execution, delivery and performance by the Holders Company of this Agreement and the consummation by the Holders Company of the Transactions.