Common use of SEC Documents and Other Reports Clause in Contracts

SEC Documents and Other Reports. Buyer has filed all required documents with the SEC since February 7, 2002 (the "Buyer SEC Documents"). As of their respective dates, to the Buyer's knowledge, the Buyer SEC Documents complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and, at the respective times they were filed, none of the Buyer SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of Buyer included in the Buyer SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with GAAP (except, in the case of the unaudited statements, to the extent permitted by Form 10-Q of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto).

SEC Documents and Other Reports. Buyer has filed all required documents with the SEC since February 7, 2002 (the "“Buyer SEC Documents"”). As of their respective dates, to the Buyer's knowledge, the Buyer SEC Documents complied in all material respects with the requirements of the Securities Act of 1933, as amended, or the Securities Exchange ActAct of 1934, as amended, as the case may be, and, at the respective times they were filed, none of the Buyer SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the Table of Contents circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of Buyer included in the Buyer SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with GAAP (except, in the case of the unaudited statements, to the extent permitted by Form 10-Q of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto).

SEC Documents and Other Reports. Buyer The Trust has filed all required documents with the SEC since February 7January 1, 2002 1996 (such documents together with the Starwood Disclosure being referred to herein as the "Buyer SEC Documents"). As of their respective dates, to the Buyer's knowledge, the Buyer SEC Documents complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may beapplicable law, and, at the respective times they were filed, none of the Buyer SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of Buyer the Trust included in the Buyer SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect theretothereto as of their respective dates of filing, were prepared in accordance with GAAP generally accepted accounting principles (except, in the case of the unaudited statements, to the extent as permitted by Form 10Regulation S-Q X of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto).) and fairly presented the consolidated financial position of the Trust and its consolidated subsidiaries as of the respective dates thereof and the

SEC Documents and Other Reports. Buyer OP has filed all required documents with the SEC since February 7September 9, 2002 1998 (the "Buyer SEC Documents"). As of their respective dates, to the Buyer's knowledge, the Buyer SEC Documents complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and, at the respective times they were filed, none of the Buyer SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of Buyer OP included in the Buyer SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect theretothereto as of their respective dates of filing, were prepared in accordance with GAAP generally accepted accounting principles ("GAAP") (except, in the case of the unaudited statements, to the extent as permitted by Form 10Regulation S-Q X of the SEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto).