Common use of Obligations to Issue Securities Clause in Contracts

Obligations to Issue Securities. Except as disclosed in the Registration Statement or the Prospectus, and except for (A) the Common Stock, or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus (inclusive of 200,000 stock options), and (B) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Preferred Stock, no shares of capital stock are reserved for any purpose. Except as described in the immediately preceding sentence, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as disclosed in the Registration Statement or the Prospectus, and except for (A) the shares of Common Stock, Stock or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus (inclusive of 200,000 stock options)Prospectus, and (B) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Series C Cumulative Convertible Redeemable Preferred Stock, no shares of capital stock are reserved for any purpose. Except as described in the immediately preceding sentence, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as disclosed in for the Registration Statement or the Prospectus, and except for (A) the shares of Common Stock, Stock or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus (inclusive of 200,000 stock options), and (B) or in connection with the shares of Common Stock issuable upon conversion of currently outstanding shares of as described in the Preferred StockCompany’s Current Report on Form 8-K filed on November 1, 2005, no shares of capital stock are reserved for any purpose. Except as described in the immediately preceding sentence, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as disclosed in the Registration Statement or the Prospectus, and except for (A) the shares of Common Stock, Stock or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus Prospectus, (inclusive B) the shares of 200,000 stock optionsCommon Stock reserved for issuance upon exchange of the Operating Partnership’s currently outstanding 4.60% Exchangeable Senior Notes due 2027 (the “4.60% Exchangeable Notes”), and (BC) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Series C Cumulative Convertible Redeemable Preferred Stock, no shares of capital stock are reserved for any purpose. Except as described in the immediately preceding sentence, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as for the Underlying Shares, shares reserved for issuance upon exercise of outstanding options under publicly disclosed option plans and shares reserved for convertible, exchangeable or exercisable securities disclosed in the Registration Statement or the Prospectus, and except for (A) the Common Stock, or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus (inclusive Time of 200,000 stock options), and (B) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Preferred StockSale Memorandum, no shares of capital stock of the Company or its Subsidiaries are reserved for any purpose. Except as described in the immediately preceding sentencesentence or in the Time of Sale Memorandum, there are no outstanding (xA) securities of the Company or any of its subsidiaries Subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests interests, or other equity interests, as the case may be, in the Company or any of its subsidiariesSubsidiaries, (yB) options, rights (preemptive or otherwise, other than the Limited Preemptive Right) or warrants to purchase or subscribe for shares of Common Stock or Stock, Preferred Stock Stock, or any other securities of the Company, or (zC) obligations of the Company or any of its subsidiaries Subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as disclosed in the Registration Statement or the Prospectus, and except for (A) the shares of Common Stock, Stock or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus Prospectus, (inclusive B) the Forward Securities deliverable upon physical settlement or acceleration of 200,000 stock options)the Forward Purchase Contract, (C) any Company Securities that may be issued by the Company pursuant to Section 2(c) hereof and (BD) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Series C Cumulative Convertible Redeemable Preferred Stock, no shares of capital stock are reserved for any purpose. Except as described in the immediately preceding sentence, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as disclosed in the Registration Statement or the Prospectus, and except for (A) the shares of Common Stock, Stock or other securities reserved for issuance in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus (inclusive of 200,000 stock options)Prospectus, and (B) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Series C Cumulative Convertible Redeemable Preferred Stock, no shares of capital stock are reserved for any purpose. Except as described in the immediately preceding sentence, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Stock, Series A Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.

Obligations to Issue Securities. Except as disclosed in for the Registration Statement or the Prospectus, and except for (A) the shares of Common Stock, Stock or other securities reserved for issuance (A) upon conversion of the Common Units held by the Contributing Entities as described in the Prospectus and (B) in connection with the Company’s 2004 long-term incentive plan and senior management incentive plan described in the Prospectus (inclusive of 200,000 stock options), and (B) the shares of Common Stock issuable upon conversion of currently outstanding shares of the Preferred StockProspectus, no shares of capital stock are reserved for any purpose. Except ; and except as described in the immediately preceding sentenceclauses (A), and (B) of this paragraph, there are no outstanding (x) securities of the Company or any of its subsidiaries convertible into or exchangeable for (at the election of the holder thereof) any capital stock, partnership interests, membership interests or other equity interests, as the case may be, in the Company or any of its subsidiaries, (y) options, rights (preemptive or otherwise) or warrants to purchase or subscribe for shares of Common Stock or Preferred Stock or any other securities of the Company, or (z) obligations of the Company or any of its subsidiaries to issue any such securities, options, rights or warrants.