CHANGES TO FORM AGREEMENT. The Contributor agrees and confirms that the terms of the OP Units described in the PPM and the Exhibits thereto are not final and may be modified depending on the prevailing market conditions at the time of the IPO. By executing this Agreement the Contributor hereby authorizes the Operating Partnership and the REIT to, and understands and agrees that the Operating Partnership and the REIT may, make changes (excluding changes that may be deemed material) to the Operating Partnership Agreement, the Registration Rights Agreement, the Lock-Up Agreement, the Assignment and Assumption, the Indemnification Agreement Assignment and Assumption and the Representations and Warranty Agreement, and the Contributor agrees to receive the OP Units with such final terms and conditions as the Operating Partnership and/or the REIT determines, in their reasonable discretion, so long as such changes do not alter the Contributor’s Formation Transaction Value or otherwise disproportionately affect the Contributor or its ownership of the OP Units as compared to the other Existing Entities.
Appears in 2 contracts
Sources: Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.)