Common use of Non-Integration Clause in Contracts

Non-Integration. None of Xxxxxxx, the Operating Partnership nor any of their respective affiliates has, prior to the date hereof, made any offer or sale of any securities which could be “integrated” for purposes of the Securities Act and the Rules and Regulations with the offer and sale of the Shares pursuant to the Registration Statement. Except as disclosed in the Registration Statement and the Prospectus, none of Xxxxxxx, the Operating Partnership nor any of their respective affiliates has sold or issued any Common Stock or other security of Xxxxxxx, the Operating Partnership or any Subsidiary or any security convertible into, or exercisable or exchangeable for, Common Stock or any other such security during the six-month period preceding the date of the Prospectus, including but not limited to any sales pursuant to Rule 144A or Regulation D or S under the Securities Act or the Rules and Regulations.

Non-Integration. None of Xxxxxxxthe Company, the Operating Partnership nor any of their respective affiliates has, prior to the date hereof, made any offer or sale of any securities which could be “integrated” for purposes of the Securities Act and the Rules and Regulations with the offer and sale of the Shares pursuant to the Registration Statement. Except as disclosed in the Registration Statement and the Prospectus, none of Xxxxxxxthe Company, the Operating Partnership nor any of their respective affiliates has sold or issued any Common Stock or other security of Xxxxxxxthe Company, the Operating Partnership or any Subsidiary or any security convertible into, or exercisable or exchangeable for, Common Stock or any other such security during the six-month period preceding the date of the Prospectus, including but not limited to any sales pursuant to Rule 144A or Regulation D or S under the Securities Act or the Rules and Regulations.

Non-Integration. None of XxxxxxxNewkirk, the Operating Partnership nor Partnersxxx xxx any of their respective affiliates has, prior to the date hereof, made any offer or sale of any securities which could be “"integrated” " for purposes of the Securities Act and the Rules and Regulations with the offer and sale of the Shares pursuant to the Registration Statement. Except as disclosed in the Registration Statement and the Prospectus, none of XxxxxxxNewkirk, the Operating Partnership nor Partnersxxx xxx any of their respective affiliates has sold or issued any Common Stock or other security of XxxxxxxNewkirk, the Operating Partnership or Partnersxxx xx any Subsidiary or any security convertible into, or exercisable or exchangeable for, Common Stock or any other such security during the six-month period preceding the date of the Prospectus, including but not limited to any sales pursuant to Rule 144A or Regulation D or S under the Securities Act or the Rules and Regulations.

Non-Integration. None of Xxxxxxxthe Company, the Operating Partnership nor any of their respective affiliates has, prior to the date hereof, made any offer or sale of any securities which could be “"integrated” " for purposes of the Securities Act and the Rules and Regulations with the offer and sale of the Shares pursuant to the Registration Statement. Except as disclosed in the Registration Statement and the Prospectus, none of Xxxxxxxthe Company, the Operating Partnership nor any of their respective affiliates has sold or issued any Common Stock or other security of Xxxxxxxthe Company, the Operating Partnership or any Subsidiary or any security convertible into, or exercisable or exchangeable for, Common Stock or any other such security during the six-month period preceding the date of the Prospectus, including but not limited to any sales pursuant to Rule 144A or Regulation D or S under the Securities Act or the Rules and Regulations.