The Lock up Agreements and a duly executed signature page to the Amended and Restated Agreement of Limited Partnership of the Operating Partnership, a copy of which is attached hereto as Exhibit D (the "PARTNERSHIP AGREEMENT").
The Lock up Period shall terminate upon the earlier of (i) 180 days after the Closing Date, or (ii) the closing of a merger, liquidation, stock exchange, reorganization or other similar transaction after the Closing Date that results in all of the public stockholders of the Company having the right to exchange their shares of Common Stock for cash securities or other property.
The Lock. Box Agreements duly executed by the Lock-Box Banks and the Seller or an Originator, as applicable;
The Lock. Up Agreements shall have been delivered to the Representatives prior to the date hereof and are, as of the Closing Date or the Option Closing Date, as the case may be, in full force and effect. The opinions and certificates mentioned in this Agreement shall be deemed to be in compliance with the provisions hereof only if they are in all material respects reasonably satisfactory to the Representatives and to Brobxxx, Xxlexxx & Xarrxxxx XXX, counsel for the Underwriters. If any of the conditions hereinabove provided for in this Section 7 shall not have been fulfilled when and as required by this Agreement to be fulfilled, the obligations of the Underwriters hereunder may be terminated by the Representatives by notifying the Company of such termination in writing or by telegram at or prior to the Closing Date or the Option Closing Date, as the case may be. In such event, the Company and the Underwriters shall not be under any obligation to each other (except to the extent provided in Sections 6 and 8 hereof).
The Lock. Up Period shall terminate upon the earlier of (a) the expiration of one year after the Closing Date, and (b) subsequent to the Closing Date, (i) if the closing price of the Company Stock equals or exceeds $12.00 per share (as adjusted for share subdivisions, share capitalizations, reorganizations, recapitalizations and the like) for any 20 trading days within any 30-trading day period commencing at least 150 days after the Closing Date, or (ii) the date which the Company completes a merger, liquidation, stock exchange, reorganization or other similar transaction after the Closing Date that results in all of the public stockholders of the Company having the right to exchange their Company Stock for cash securities or other property.
The Lock. Up Agreements shall have been delivered to the Underwriter. If any of the conditions specified in this Section 5 shall not have been fulfilled when and as required by this Agreement, this Agreement may be terminated by the Underwriter on notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party, except as provided in Section 4 of this Agreement. Notwithstanding any such termination, the provisions of Sections 4, 6, 7, 10 and 12 of this Agreement shall remain in effect.
The Lock up Agreements, a duly executed signature page to the Amended and Restated Agreement of Limited Partnership of the Operating Partnership, a copy of which is attached hereto as Exhibit F (the "PARTNERSHIP AGREEMENT"), the Exchange Rights Agreement, and the Registration Rights Agreement.
The Lock. Up Agreements shall have been delivered to the Underwriter on or before the date of this Agreement and shall be in full force and effect on each Closing Date. All of the agreements, opinions, certificates, letters, and documents mentioned above or elsewhere in this Agreement shall be deemed to be in compliance with the provisions of this Agreement only if they are satisfactory in form and substance to the Underwriter and to Xxxxxxx Xxxxxx, counsel for the Underwriter. The Company shall furnish the Underwriter with such manually signed or conformed copies of such opinions, certificates, letters, and other documents as the Underwriter shall reasonably request. If any condition to the Underwriter's obligations hereunder which are to be satisfied prior to or at either Closing Date and is not so satisfied when and as required by this Agreement, this Agreement at the election of the Underwriter will terminate upon notification to the Company without liability on the part of the Underwriter, except to the extent provided in Section 8 of this Agreement, and the Company shall pay those expenses required under Section 6 hereof in connection with any such termination.
The Lock. Up Agreements shall have been executed and delivered by the parties thereto and be in full force and effect;
The Lock. Box Account and the Trust Accounts constitute either a deposit account or a securities account. Creation --------
