Common use of RESERVATION OF SHARES; CLOSING OF TRANSFER BOOKS Clause in Contracts

RESERVATION OF SHARES; CLOSING OF TRANSFER BOOKS. (a) The Corporation shall reserve and shall at all times have reserved out of its authorized but unissued Corporation Shares, solely for the purpose of effecting the exchange pursuant to this Agreement, enough Corporation Shares to permit the exchange of the then outstanding Class B OP Units for Paired Shares pursuant to this Agreement and shall use its best efforts to cause the Trust to reserve and shall at all times have, solely for the purpose of effecting such exchange, enough Trust Shares to permit such exchange. In addition, until the Cross-Over Date, the Corporation shall use its best efforts to cause the Trust to reserve and at all times have reserved out of its authorized but unissued shares of Class B EPS, solely for the purpose of effecting the exchange pursuant to this Agreement, enough shares of Class B EPS to permit the exchange of the then outstanding Class B OP Units for shares of Class B EPS pursuant to this Agreement. (b) The Corporation shall not close its transfer books so as to prevent the timely issuance of Corporation Shares pursuant to this Agreement. The Corporation shall use its best efforts to cause the Trust not to close its transfer books so as to prevent the timely issuance of Trust Shares or shares of Class B EPS pursuant to this Agreement.

RESERVATION OF SHARES; CLOSING OF TRANSFER BOOKS. (a) The Corporation Trust shall reserve and shall at all times have reserved out of its authorized but unissued Corporation Trust Shares, solely for the purpose of effecting the exchange pursuant to this Agreement, enough Corporation Trust Shares to permit the exchange of the then outstanding Class B OP A RP Units for Paired Shares pursuant to this Agreement and shall use its best efforts to cause the Trust Corporation to reserve and shall at all times have, solely for the purpose of effecting such exchange, enough Trust Corporation Shares to permit such exchange. In addition, until the Cross-Over Date, the Corporation Trust shall use its best efforts to cause the Trust to reserve and shall at all times have reserved out of its authorized but unissued shares of Class B EPS, solely for the purpose of effecting the exchange pursuant to this Agreement, enough shares of Class B EPS to permit the exchange of the then outstanding Class B OP A RP Units for shares of Class B EPS pursuant to this Agreement. (b) The Trust shall use its best efforts to cause the Corporation shall not to close its transfer books so as to prevent the timely issuance of Corporation Shares pursuant to this Agreement. The Corporation Trust shall use its best efforts to cause the Trust not to close its transfer books so as to prevent the timely issuance of Trust Shares or shares of Class B EPS pursuant to this Agreement.

RESERVATION OF SHARES; CLOSING OF TRANSFER BOOKS. (a) The Corporation shall reserve and shall at all times have reserved out of its authorized but unissued Corporation Shares, solely for the purpose of effecting the exchange pursuant to this Agreement, enough Corporation Shares to permit the exchange of the then outstanding Class B OP A Units for Paired Shares pursuant to this Agreement and shall use its best efforts to cause the Trust to reserve and shall at all times have, solely for the purpose of effecting such exchange, enough Trust Shares to permit such exchange. In addition, until the Cross-Over Date, the Corporation shall use its best efforts to cause the Trust to reserve and at all times have reserved out of its authorized but unissued shares of Class B EPS, solely for the purpose of effecting the exchange pursuant to this Agreement, enough shares of Class B EPS Trust Shares to permit the exchange of the then outstanding Class B OP Units for shares A Units. All Paired Shares which may be issued upon exchange of Class B EPS pursuant A Units shall be validly issued, fully paid and nonassessable and free from all taxes, liens and charges with respect to this Agreementthe issuance thereof other than income taxes resulting from such exchange. (b) The Corporation shall not close its transfer books so as to prevent the timely issuance of Corporation Shares pursuant to this Agreement. The Corporation shall use its best efforts to cause the Trust not to close its transfer books so as to prevent the timely issuance of Trust Shares or shares pursuant to this Agreement. The Corporation shall not close its transfer books so as to prevent the timely issuance of Class B EPS Corporation Shares pursuant to this Agreement.