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Contract analysis / cfo-officers-certificate-fairwater.docx
cfo-officers-certificate-fairwater.docx
1036-00002 · 8 clauses
High · 0 Medium · 1 Standard · 1
1. Representations and Warranties
1. Representations and Warranties The undersigned hereby certifies that she has reviewed the Equity Distribution Agreement, the Registration Statement (including all exhibits thereto and all documents incorporated by reference therein), the Base Prospectus, the ATM Prospectus Supplement, and the documents incorporated by reference in the Registration Statement and the Prospectus, and that such review was made in conn
2. Compliance with Covenants Medium
⚑ Notice / time limit to track
2. Compliance with Covenants The undersigned hereby certifies that the Company and the Operating Partnership have performed and complied in all material respects with all covenants, agreements, obligations, and conditions required by the Equity Distribution Agreement to be performed or complied with by each of them at or prior to the date hereof. Without limiting the generality of the foregoing, the undersigned speci
3. No Material Adverse Change Standard
⚑ Commercial term
3. No Material Adverse Change The undersigned hereby certifies that, since the date of the most recent financial statements of the Company and its consolidated subsidiaries that are incorporated by reference in the Registration Statement and the Prospectus (being the unaudited condensed consolidated financial statements for the quarter ended March 31, 2025, as filed in the Company's Quarterly Report on Form 10-Q for
4. No Stop Order or Proceedings
4. No Stop Order or Proceedings The undersigned hereby certifies as follows: (a) No stop order suspending the effectiveness of the Registration Statement has been issued by the SEC and, to the knowledge of the undersigned, no proceedings for that purpose or pursuant to Section 8A of the Securities Act have been instituted, are pending, or are threatened by the SEC. (b) No order preventing or suspending the use of the
5. No Proceedings Affecting the Offering
5. No Proceedings Affecting the Offering The undersigned hereby certifies that there are no pending or, to the knowledge of the undersigned, threatened legal or governmental actions, suits, proceedings, inquiries, or investigations (whether at law, in equity, or before any arbitral panel, federal, state, local, or foreign court, commission, regulatory body, administrative agency, or other governmental or quasi-govern
6. Accuracy of Registration Statement and Prospectus
6. Accuracy of Registration Statement and Prospectus The undersigned hereby certifies as follows: (a) The Registration Statement, at the time it became effective under the Securities Act and at each time any amendment thereto became or becomes effective, did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statement
7. Incorporation by Reference Documents
7. Incorporation by Reference Documents The undersigned hereby certifies that each document, if any, filed or to be filed by the Company pursuant to Section 13(a), 13(c), 14, or 15(d) of the Exchange Act after the date of the Prospectus and prior to the termination of the offering of Common Shares under the ATM Program, that is incorporated or deemed to be incorporated by reference in the Registration Statement and t
8. Bring-Down Delivery Schedule
8. Bring-Down Delivery Schedule For the avoidance of doubt, and as specified in the Equity Distribution Agreement, this Officer's Certificate (or a substantially similar certificate) is required to be delivered on each of the following dates (each, a "Bring-Down Date"): (a) on the date of the first sale of Common Shares under the ATM Program following the effectiveness of the Registration Statement; (b) on or prior t