Common use of Other Offering Material Clause in Contracts

Other Offering Material. The Company had not distributed and, prior to the later to occur of any Delivery Date and the completion of the distribution of the Shares, will not distribute any offering material in connection with the offering and sale of the Shares other than the Prospectus and any Issuer Free Writing Prospectus to which the Agent has consented in accordance with Section 3(a)(v) and any Issuer Free Writing Prospectus set forth on Schedule I hereto. Any certificate signed by any officer of the Company or the Operating Partnership and delivered to the Agent or to counsel for the Agents after the date of this Agreement or in connection with the offering of the Shares shall be deemed a joint and several representation and warranty by the Company and the Operating Partnership to the Agents as to matters covered thereby.