Reliance on Regulation D. The OP shall, based on the advice of its counsel and the representations made by any Member receiving OP Units as 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 5 contracts
Samples: Contribution Agreement (Dupont Fabros Technology, Inc.), Contribution Agreement (Dupont Fabros Technology, Inc.), Contribution Agreement (Dupont Fabros Technology, Inc.)
Reliance on Regulation D. The OP shall, based on the advice of its counsel and the representations made by any Member Equity Holder receiving OP Units as consideration Merger Consideration in such MemberEquity Holder’s Investor Questionnaire, be reasonably satisfied that the issuance and the contemplated distribution of OP Units to any such eligible Member Equity Holder may be made without registration under the Securities Act in reliance on Regulation D under the Securities Act.
Appears in 1 contract
Samples: Form of Agreement and Plan of Merger (Richmond Honan Medical Properties Inc.)
