Reliance on Regulation D. DF REIT shall, based on the advice of its counsel and the representations made by any Member receiving OP Units as Merger Consideration in such Member’s Investor Questionnaire, be reasonably satisfied that the issuance and the contemplated distribution of OP Units to any such eligible Member may be made without registration under the Securities Act in reliance on Regulation D under the Securities Act.
Appears in 6 contracts
Samples: Merger Agreement (Dupont Fabros Technology, Inc.), Merger Agreement (Dupont Fabros Technology, Inc.), Merger Agreement (Dupont Fabros Technology, Inc.)
