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

Representations, Warranties and Covenants of the Distributor. The Distributor hereby represents and warrants to, and covenants and agrees with the Fund and Adviser, as of the date hereof and at all times during the time that the Shares are offered (provided that, to the extent representations, warranties and covenants are given only as of a specified date or dates, the Distributor only makes such representations and warranties as of such date or dates) as follows:

Representations, Warranties and Covenants of the Distributor. The Distributor hereby represents and warrants to, and covenants and agrees with the Fund Company and Adviserthe Operating Partnership, as of the date hereof and at all times during the time that the Shares are offered Offering Period (provided that, to the extent representations, representations and warranties and covenants are given only as of a specified date or dates, the Distributor only makes such representations and warranties as of such date or dates) as follows: