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 Company and the Operating Partnership, as of the date hereof and at all times during the Offering Period (provided that, to the extent representations and warranties 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 Company Fund and the Operating PartnershipAdviser, as of the date hereof and at all times during the Offering Period time that the Shares are offered (provided that, to the extent representations representations, warranties and warranties 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: