REPRESENTATIONS AND WARRANTIES OF THE REIT Clause Samples
REPRESENTATIONS AND WARRANTIES OF THE REIT. II PARTIES Except (a) as set forth in the disclosure letter prepared by the REIT II Parties and delivered by the REIT II Parties to the REIT I Parties at or prior to the execution and delivery of this Agreement (the “REIT II Disclosure Letter”) (it being acknowledged and agreed that disclosure of any item in any section or subsection of the REIT II Disclosure Letter shall be deemed disclosed with respect to the section or subsection of this Agreement to which it corresponds and any other section or subsection of this Agreement to the extent the applicability of such disclosure to such other section or subsection of this Agreement is reasonably apparent on its face (it being understood that to be so reasonably apparent on its face, it is not required that the other section or subsection of this Agreement be cross-referenced); provided, that no disclosure shall qualify any Fundamental Representation unless it is set forth in the specific section or subsection of the REIT II Disclosure Letter corresponding to such Fundamental Representation; provided, further, that nothing in the REIT II Disclosure Letter is intended to broaden the scope of any representation or warranty of the REIT II Parties made herein) or (b) as disclosed in the REIT II SEC Documents publicly available, filed with, or furnished to, as applicable, the SEC on or after December 31, 2017 and prior to the date of this Agreement (excluding any information or documents incorporated by reference therein and excluding any disclosures contained in such documents under the headings “Risk Factors” or “Forward Looking Statements” or any other disclosures contained or referenced therein to the extent they are cautionary, predictive or forward-looking in nature), and then only to the extent that the relevance of any disclosed event, item or occurrence in such REIT II SEC Documents to a matter covered by a representation or warranty set forth in this Article 5 is reasonably apparent on its face; provided, that the disclosures in the REIT II SEC Documents shall not be deemed to qualify (i) any Fundamental Representations, which 39
REPRESENTATIONS AND WARRANTIES OF THE REIT. The REIT hereby represents and warrants to the RIF V REIT as follows:
REPRESENTATIONS AND WARRANTIES OF THE REIT. I PARTIES Except as set forth in (a) the disclosure letter prepared by the REIT I Parties and delivered by the REIT I Parties to the REIT II Parties at or prior to the execution and delivery of this Agreement (the “REIT I Disclosure Letter”) (it being acknowledged and agreed that disclosure of any item in any section or subsection of the REIT I Disclosure Letter shall be deemed disclosed with respect to the section or subsection of this Agreement to which it corresponds and any other section or subsection of this Agreement to the extent the applicability of such disclosure to such other section or subsection of this Agreement is reasonably apparent on its face (it being understood that to be so reasonably apparent on its face, it is not 21
REPRESENTATIONS AND WARRANTIES OF THE REIT. In each case except as disclosed in the REIT SEC Filings (but excluding any forward looking disclosures set forth in any "risk factors" section, any disclosures in any "forward looking statements" section and any other disclosures included therein to the extent they are predictive or forward-looking in nature) and except where the failure of any such representations or warranties to be true and correct is a result of an action or inaction by the Manager or the Manager has Knowledge of such failure, the REIT hereby represents and warrants to the Contributors as follows, as of the Effective Date and as of the Closing Date (except as to any representations and warranties that expressly speak as of a specified date or time, in which case only as of such specified date or time), which representations and warranties shall survive the Closing to the extent provided in Section 5.01:
REPRESENTATIONS AND WARRANTIES OF THE REIT. The REIT hereby represents and warrants to each Forward REIT Merger Entity as follows:
REPRESENTATIONS AND WARRANTIES OF THE REIT. II PARTIES 47
REPRESENTATIONS AND WARRANTIES OF THE REIT. The REIT ------------------------------------------ hereby represents and warrants to the Lender as follows:
REPRESENTATIONS AND WARRANTIES OF THE REIT. The REIT represents, warrants and covenants to the Underwriters that:
(a) The REIT meets the requirements for use of Form S-3 and a registration statement (Registration No. 333-68359) on Form S-3 relating to the Securities, including a prospectus (as amended, the “Base Prospectus”), has been carefully prepared by the Company in
REPRESENTATIONS AND WARRANTIES OF THE REIT. The REIT hereby represents and warrants to the Advisor Parent that:
REPRESENTATIONS AND WARRANTIES OF THE REIT. 8 Section 3.01.