Common use of Prohibition of Exchange for REIT Stock Clause in Contracts

Prohibition of Exchange for REIT Stock. Notwithstanding anything herein to the contrary, the Company shall not be entitled to satisfy an Exchanging Partner’s Exchange Right pursuant to Section 2.2 if the delivery of REIT Stock to such Limited Partner by the Company pursuant to Section 2.2 (regardless of the Operating Partnership’s obligations to the Limited Partner under Section 2.1) (a) would be prohibited under the Articles of Incorporation of the Company, (b) if the Company has elected REIT status, would otherwise jeopardize the REIT status of the Company, or (c) would cause the acquisition of the REIT Stock by the Limited Partner to be “integrated” with any other distribution of REIT Stock by the Company for purposes of complying with the registration provisions of the Securities Act.

Prohibition of Exchange for REIT Stock. Notwithstanding anything herein to the contrary, the Company shall not be entitled to satisfy an Exchanging Partner’s 's Exchange Right pursuant to Section 2.2 if the delivery of REIT Stock to such Limited Partner by the Company pursuant to Section 2.2 (regardless of the Operating Partnership’s 's obligations to the Limited Partner under Section 2.1) (a) would be prohibited under the Articles of Incorporation of the Company, (b) if the Company has elected REIT status, would otherwise jeopardize the REIT status of the Company, or (c) would cause the acquisition of the REIT Stock by the Limited Partner to be “"integrated” " with any other distribution of REIT Stock by the Company for purposes of complying with the registration provisions of the Securities Act.

Prohibition of Exchange for REIT Stock. Notwithstanding anything herein to the contrary, the Company shall not be entitled to satisfy an Exchanging Partner’s 's Exchange Right pursuant to Section 2.2 if the delivery of REIT Stock to such Limited Partner by the Company pursuant to Section 2.2 (regardless of the Operating Partnership’s 's obligations to the Limited Partner under Section 2.1) (a) would be prohibited under the Articles of Incorporation of the Company, (b) if the Company has elected REIT status, would otherwise jeopardize the REIT status of the Company, or (c) would cause the acquisition of the REIT Stock by the Limited Partner to be “"integrated” " with any other distribution of REIT Stock by the Company for purposes of complying with the registration provisions of the Securities Act.

Prohibition of Exchange for REIT Stock. Notwithstanding anything herein to the contrary, the Company shall not be entitled to satisfy an Exchanging Partner’s Exchange Right pursuant to Section 2.2 if the delivery of REIT Stock to such the New Limited Partner by the Company pursuant to Section 2.2 (regardless of the Operating Partnership’s obligations to the New Limited Partner under Section 2.1) (a) would be prohibited under the Articles of Incorporation of the Company, (b) if the Company has elected REIT status, would otherwise jeopardize the REIT status of the Company, or (c) would cause the acquisition of the REIT Stock by the New Limited Partner to be “integrated” with any other distribution of REIT Stock by the Company for purposes of complying with the registration provisions of the Securities ActAct of 1933, as amended.

Prohibition of Exchange for REIT Stock. Notwithstanding anything herein to the contrary, the Company shall not be entitled to satisfy an Exchanging Partner’s Exchange Right pursuant to Section 2.2 if the delivery of REIT Stock to such Limited Partner by the Company pursuant to Section 2.2 (regardless of the Operating Partnership’s obligations to the Limited Partner under Section 2.1)): (a) would be prohibited under the Articles of Incorporation of the Company, (b) if the Company has elected REIT status, would otherwise jeopardize the REIT status of the Company, or (c) would cause the acquisition of the REIT Stock by the Limited Partner to be “integrated” with any other distribution of REIT Stock by the Company for purposes of complying with the registration provisions of the Securities Act.

Prohibition of Exchange for REIT Stock. Notwithstanding anything herein to the contrary, the Company shall not be entitled to satisfy an Exchanging Partner’s Exchange Right pursuant to Section 2.2 if the delivery of REIT Stock to such Limited Partner by the Company pursuant to Section 2.2 (regardless of the Operating Partnership’s obligations to the Limited Partner under Section 2.1). (a) would be prohibited under the Articles of Incorporation of the Company, (b) if the Company has elected REIT status, would otherwise jeopardize the REIT status of the Company, or (c) would cause the acquisition of the REIT Stock by the Limited Partner to be “integrated” with any other distribution of REIT Stock by the Company for purposes of complying with the registration provisions of the Securities Act.