Common use of Trading Guidelines Clause in Contracts

Trading Guidelines. The Agent may trade in Common Shares of Beneficial Interest for the Agent’s own account and for the account of its clients at the same time as sales of Common Shares occur pursuant to this Agreement, provided, however, that any such trading and related activity comply with applicable federal and state laws, rules and regulations (including, without limitation, Regulation M under the Exchange Act). In addition, the Company and the Operating Partnership acknowledge and agree that the Agent’s affiliates may make markets in the Common Shares of Beneficial Interest or other securities of the Company or the Operating Partnership, in connection with which they may buy and sell, as agent or principal, for long or short account, Common Shares of Beneficial Interest or other securities of the Company or the Operating Partnership, at the same time that the Agent is acting as agent pursuant to this Agreement.

Trading Guidelines. The An Agent may trade in Common Shares of Beneficial Interest for may, to the Agent’s own account extent permitted under the Securities Act and for the account of its clients at the same time as sales of Common Shares occur pursuant to this Agreement, provided, however, that any such trading and related activity comply with applicable federal and state laws, rules and regulations (including, without limitation, Regulation M under the Exchange Act, purchase and sell Common Stock for its own account while this Agreement is in effect provided that no such purchase or sale shall take place while an Issuance Notice is in effect (except to the extent an Agent may engage in sales of Issuance Shares purchased or deemed purchased from the Company as a “riskless principal” or in a similar capacity). In addition, the Company hereby acknowledges and the Operating Partnership acknowledge and agree agrees that the Agent’s affiliates Agents and their Affiliates may make markets in the Common Shares of Beneficial Interest Stock or other securities of the Company or the Operating PartnershipCompany, in connection with which they may buy and sell, as agent or principal, for long or short account, shares of Common Shares of Beneficial Interest Stock or other securities of the Company or the Operating PartnershipCompany, at the same time that the an Agent is acting as agent pursuant to this Agreement.