Common use of Renewal of Registration Statement Clause in Contracts

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9, 2009 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 96, 2009 2015 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 92, 2009 2012 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9February 23, 2009 2018 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9February 26, 2009 2021 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9, 2009 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the Underwriters, the Operating Partnership Company will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such NotesSecurities, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters and the Operating Partnership Company is not eligible to file an automatic shelf registration statement, the Operating Partnership Company will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9February 23, 2009 2024 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to by the third anniversary of March 9, 2009 (such third anniversary, the “Renewal Deadline”) of the initial effective date of the Registration Statement, any of the Notes Offered Shares remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and Company will file, if it has not already done so and is eligible to do so, an a new automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notesthe Offered Shares, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership Company is not no longer eligible to file an automatic shelf registration statement, the Operating Partnership Company will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes the Offered Shares, in a form satisfactory to the Representatives, Representatives and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable within 180 days after the Renewal Deadline and promptly notify the Representatives of such effectivenessDeadline. The Operating Partnership Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Offered Shares to continue as contemplated in the expired registration statement relating theretoto the Offered Shares. References herein in this Section 3(q) to the “Registration Statement” Statement shall include such new automatic shelf registration statement or such new shelf registration statement or post-effective amendmentstatement, as the case may be. Notwithstanding the foregoing, this paragraph shall cease to apply following the expiration or exercise in full of the Underwriters’ option to purchase the Optional Shares hereunder.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9April 27, 2009 2022 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the Underwriters, the Operating Partnership and the Company will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has they have not already done so and is are eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations405) relating to such NotesSecurities, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters and the Operating Partnership is and the Company are not eligible to file an automatic shelf registration statement, the Operating Partnership and the Company will, if it has they have not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership and the Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 92, 2009 2012 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the Underwriters, the Operating Partnership Company will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such NotesSecurities, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters and the Operating Partnership Company is not eligible to file an automatic shelf registration statement, the Operating Partnership Company will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 92, 2009 2012 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the UnderwritersUnderwriter, the Operating Partnership Company will, prior to the Renewal Deadline, promptly notify the Representatives Underwriter and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such NotesSecurities, in a form satisfactory to the RepresentativesUnderwriter. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters Underwriter and the Operating Partnership Company is not eligible to file an automatic shelf registration statement, the Operating Partnership Company will, if it has not already done so, promptly notify the Representatives Underwriter and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the RepresentativesUnderwriter, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives Underwriter of such effectiveness. The Operating Partnership Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9June 3, 2009 2013 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the Underwriters, the Operating Partnership Company will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations405) relating to such NotesSecurities, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters and the Operating Partnership Company is not eligible to file an automatic shelf registration statement, the Operating Partnership Company will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9February 23, 2009 2018 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the Underwriters, the Operating Partnership Company will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such NotesSecurities, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters and the Operating Partnership Company is not eligible to file an automatic shelf registration statement, the Operating Partnership Company will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the Representatives, Representatives and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may beapplicable.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9February 26, 2009 2021 (such third anniversary, the “Renewal Deadline”) any of the Notes remain unsold by the Underwriters, the Operating Partnership will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has not already done so and is eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to such Notes, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes remain unsold by the Underwriters and the Operating Partnership is not eligible to file an automatic shelf registration statement, the Operating Partnership will, if it has not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-post- effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.

Renewal of Registration Statement. If immediately prior to the third anniversary of March 9June 3, 2009 2013 (such third anniversary, the “Renewal Deadline”) any of the Notes Securities remain unsold by the Underwriters, the Operating Partnership and the Company will, prior to the Renewal Deadline, promptly notify the Representatives and file, if it has they have not already done so and is are eligible to do so, an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations405) relating to such NotesSecurities, in a form satisfactory to the Representatives. If at the Renewal Deadline any of the Notes Securities remain unsold by the Underwriters and the Operating Partnership is and the Company are not eligible to file an automatic shelf registration statement, the Operating Partnership and the Company will, if it has they have not already done so, promptly notify the Representatives and file a new shelf registration statement or post-effective amendment on the proper form relating to such Notes Securities in a form satisfactory to the Representatives, and will use its best efforts to cause such registration statement or post-effective amendment to be declared effective as soon as practicable after the Renewal Deadline and promptly notify the Representatives of such effectiveness. The Operating Partnership and the Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the expired registration statement relating thereto. References herein to the “Registration Statement” shall include such automatic shelf registration statement or such new shelf registration statement or post-effective amendment, as the case may be.