Common use of Quarterly Top Up Notice Clause in Contracts

Quarterly Top Up Notice. Within thirty (30) days after the end of each calendar quarter following the Effective Date, the Company shall provide to GICRE a notice (each, a “Quarterly Top Up Notice”) disclosing the aggregate number of shares of New Common Stock issued by the Company in such calendar quarter, less (i) any shares of New Common Stock reacquired by the Company during such calendar quarter, (ii) any shares of unvested restricted stock originally issued pursuant to an Equity Incentive Plan that are forfeited or repurchased by the Company during such quarter, and (iii) any shares of New Common Stock issued in a Large Issuance during such calendar quarter as to which GICRE exercised its Large Issuance Top Up Right (such number, less the items described in clauses (i), (ii) and (iii), being referred to as the “Net New Common Stock” for such quarter) and the aggregate number of shares of Company Common Stock reflected on the books and records of the Company’s transfer agent as held by the Stockholder Group as at the end of such calendar quarter; provided, however, that the Net New Common Stock for the calendar quarter in which the Effective Date occurs shall equal the number of shares of Net New Common Stock issued by the Company for the period beginning on the Effective Date and ending on the last day of such calendar quarter. The “Quarterly Top Up Shares” for a given calendar quarter shall equal that number of shares of Company Common Stock equal to (i) 10%, multiplied by (ii) the number of shares of Net New Common Stock issued during such calendar quarter.

Quarterly Top Up Notice. Within thirty (30) days after the end of each calendar quarter following the Effective DateTime, the Company shall provide to GICRE Investor a notice (each, a “Quarterly Top Up Notice”) disclosing the aggregate number of shares of New Common Stock issued by the Company in such calendar quarter, less (i) any shares of New Common Stock reacquired by the Company during such calendar quarter, quarter and (ii) any shares of unvested restricted stock originally issued pursuant to an Equity Incentive Plan that are forfeited or repurchased by the Company during such quarter, and (iii) any shares of New Common Stock issued in a Large Issuance during such calendar quarter as to which GICRE Investor exercised its Large Issuance Top Up Right (such number, less the items described in clauses (i), (ii) and (iiiii), being referred to as the “Net New Common Stock” for such quarter) and the aggregate number of shares of Company Common Stock reflected on the books and records of the Company’s transfer agent as held by the Stockholder Group as at the end of such calendar quarter; provided, however, that the Net New Common Stock for the calendar quarter in which the Effective Date occurs this Agreement commences shall equal the number of shares of Net New Common Stock issued by the Company for the period beginning on the Effective Date date of this Agreement and ending on the last day of such calendar quarter. The “Quarterly Top Up Shares” for a given calendar quarter shall equal that number of shares of Company Common Stock equal to the product of (i) 10%, the Investor’s pro rata percentage Ownership of Company Common Stock Outstanding as of the end of such calendar quarter multiplied by (ii) the number of shares of Net New Common Stock issued during such calendar quarter.

Quarterly Top Up Notice. Within thirty (30) days after the end of each calendar quarter following the Effective Date, the Company shall provide to GICRE LA a notice (each, a “Quarterly Top Up Notice”) disclosing the aggregate number of shares of New Common Stock issued by the Company in such calendar quarter, less (i) any shares of New Common Stock reacquired by the Company during such calendar quarter, (ii) any shares of unvested restricted stock originally issued pursuant to an Equity Incentive Plan that are forfeited or repurchased by the Company during such quarter, and (iii) any shares of New Common Stock issued in a Large Issuance during such calendar quarter as to which GICRE LA exercised its Large Issuance Top Up Right (such number, less the items described in clauses (i), (ii) and (iii), being referred to as the “Net New Common Stock” for such quarter) and the aggregate number of shares of Company Common Stock reflected on the books and records of the Company’s transfer agent as held by the Stockholder Group as at the end of such calendar quarter; provided, however, that the Net New Common Stock for the calendar quarter in which the Effective Date occurs shall equal the number of shares of Net New Common Stock issued by the Company for the period beginning on the Effective Date and ending on the last day of such calendar quarter. The “Quarterly Top Up Shares” for a given calendar quarter shall equal that number of shares of Company Common Stock equal to (i) 104.0%, multiplied by (ii) the number of shares of Net New Common Stock issued during such calendar quarter.

Quarterly Top Up Notice. Within thirty (30) days after the end of each calendar quarter following the Effective DateClosing, and until the expiration of the Quarterly Top Up Right as provided in Section 2.2(a) above, the Company shall provide to GICRE the Stockholder a notice (each, a “Quarterly Top Up Notice”) disclosing the aggregate number of shares of New Common Stock Equity Securities issued by the Company in such calendar quarter (exclusive of any New Equity Securities issued in a Large Issuance during such calendar quarter), less (i) any shares of New Common Stock Equity Securities reacquired by the Company during such calendar quarterquarter (including any OP units reacquired by the Company for cash in connection with the redemption of such OP units in accordance with their terms), (ii) any shares of unvested restricted stock or LTIP units originally issued pursuant to an Equity Incentive Plan that are forfeited or repurchased by the Company during such quarter, and (iii) any shares other adjustments necessary in order to provide an accurate reflection of New Common Stock issued the changes in a Large Issuance capitalization during such calendar quarter as to which GICRE exercised its Large Issuance Top Up Right (such number, less the items described in clauses (i), (ii) and (iii), being referred to as the “Net New Common StockSecurities” for such quarter) and the aggregate number of shares of Company Common Stock reflected on the books and records of the Company’s transfer agent as held by the Stockholder Group as at the end of such calendar quarter); provided, however, that the Net New Common Stock Securities for the calendar quarter in which the Effective Date occurs ended September 30, 2016 shall equal the number of shares of Net New Common Stock Securities issued by the Company for the period beginning on the Effective Closing Date and ending on the last day of such calendar quarterSeptember 30, 2016. The “Quarterly Top Up Shares” for a given calendar quarter shall equal that number of shares of Company Class A Common Stock equal to (i) 10%the Initial Ownership Percentage, multiplied by (ii) 110.90% of the number of shares of Net New Common Stock Securities issued during such calendar quarter.