Common use of Representations, Warranties and Covenants by the Company Clause in Contracts

Representations, Warranties and Covenants by the Company. The Company makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) CenterPoint Properties Trust is a real estate investment trust, validly existing and in good standing under the laws of Maryland and authorized to do business in the State; has all requisite power to enter into this Agreement; and by proper action has been duly authorized to execute and deliver this Agreement. (b) The agreements with the County with respect to the FILOT have been instrumental in inducing the Company to locate the Project within the County and the State. (c) No actions, suits, proceedings, inquiries, or investigations known to the undersigned representatives of the Company are pending or threatened against or affecting the Company in any court or before any governmental authority or arbitration board or tribunal, which could materially adversely affect the transactions contemplated by this Agreement or which could, in any way, adversely affect the validity or enforceability of this Agreement. (d) For the Project, the Company hereby commits to an Investment Requirement of Twenty Million Dollars ($20,000,000.00) in Economic Development Property at the Project by the end of the Investment Period. The Company agrees to meet and maintain the Investment Requirement throughout the entire Term. (e) The income tax year of the Company, and accordingly the property tax year, for federal income tax purposes is calendar year. (f) No event has occurred and no condition currently exists with respect to the Company which would constitute a default or an Event of Default as defined in Section 11.01 of this Agreement.

Representations, Warranties and Covenants by the Company. The Company makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) CenterPoint Riverbend Charleston Properties Trust II, LLC is a real estate investment trustlimited liability company, validly existing and in good standing under the laws of Maryland the State and authorized to do business in the State; has all requisite power to enter into this Agreement; and by proper action has been duly authorized to execute and deliver this Agreement. (b) The agreements with the County with respect to the FILOT have been instrumental in inducing the Company to locate the Project within the County and the State. (c) No actions, suits, proceedings, inquiries, or investigations known to the undersigned representatives of the Company are pending or threatened against or affecting the Company in any court or before any governmental authority or arbitration board or tribunal, which could materially adversely affect the transactions contemplated by this Agreement or which could, in any way, adversely affect the validity or enforceability of this Agreement. (d) For the Project, the Company hereby commits to an Investment Requirement of Twenty Twenty-Eight Million Dollars ($20,000,000.0028,000,000.00) in Economic Development Property at the Project by the end of the Investment PeriodPeriod (the “Landlord Investment Requirement”). The Company agrees to meet and maintain the Landlord Investment Requirement throughout the entire Termterm of the FILOT. The Company’s amounts paid for Qualifying Real Estate Investment shall, without limitation, count towards the Landlord Investment Requirement. (e) The income tax year of the Company, and accordingly the property tax year, for federal income tax purposes is calendar year. (f) No event has occurred and no condition currently exists with respect to the Company Company, which would constitute a default or an Event of Default as defined in Section 11.01 of this Agreement.

Representations, Warranties and Covenants by the Company. The Company makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) CenterPoint Properties Trust Xxxxxxxxxx Coatings, LLC is a real estate investment trustlimited liability company, validly existing and in good standing under the laws of Maryland the State and authorized to do business in the State; has all requisite power to enter into this Agreement; and by proper action has been duly authorized to execute and deliver this Agreement. (b) The agreements with the County with respect to the FILOT have been instrumental in inducing the Company to locate the Project within the County and the State. (c) No actions, suits, proceedings, inquiries, or investigations known to the undersigned representatives of the Company are pending or threatened against or affecting the Company in any court or before any governmental authority or arbitration board or tribunal, which could materially adversely affect the transactions contemplated by this Agreement or which could, in any way, adversely affect the validity or enforceability of this Agreement. (d) For the Project, the Company hereby commits to an Investment Requirement of Twenty Million Dollars ($20,000,000.00) in Economic Development Property at the Project by the end of the Investment Period. The Company agrees to meet and maintain the Investment Requirement throughout the entire Term. (e) The income tax year of the Company, and accordingly the property tax year, for federal income tax purposes is calendar year. (fe) No event has occurred and no condition currently exists with respect to the Company Company, which would constitute a default or an Event of Default as defined in Section 11.01 of this Agreement.

Representations, Warranties and Covenants by the Company. The Company makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) CenterPoint Properties Trust is a real estate investment trust, validly existing and in good standing under the laws of Maryland and authorized to do business in the State; has all requisite power to enter into this Agreement; and by proper action has been duly authorized to execute and deliver this Agreement. (b) The agreements with the County with respect to the FILOT have been instrumental in inducing the Company to locate the Project within the County and the State. (c) No actions, suits, proceedings, inquiries, or investigations known to the undersigned representatives of the Company are pending or threatened against or affecting the Company in any court or before any governmental authority or arbitration board or tribunal, which could materially adversely affect the transactions contemplated by this Agreement or which could, in any way, adversely affect the validity or enforceability of this Agreement. (d) For the Project, the Company hereby commits to an Investment Requirement of Twenty Million Dollars ($20,000,000.00) in Economic Development Property at the Project by the end of the Investment PeriodPeriod (to be comprised of real property investment). The Company agrees to meet and maintain the Investment Requirement throughout the entire Term. (e) The income tax year of the Company, and accordingly the property tax year, for federal income tax purposes is calendar year. (f) No event has occurred and no condition currently exists with respect to the Company which would constitute a default or an Event of Default as defined in Section 11.01 of this Agreement.