Extract to table

01 per share (the "Shares"), from time to time through the Agents, acting as agents and/or principals, under and pursuant to the Registration Statement and the related ATM Prospectus Supplement (as defined below), on the terms and subject to the conditions set forth herein; and WHEREAS, this Agreement shall supersede in its entirety the Original Agreement, and from and after the date hereof, the Original Agreement shall be of no further force or effect, except as expressly provided herein with respect to obligations and liabilities arising prior to the date hereof

1 — Definitions As used in this Agreement, the following terms shall have the meanings set forth below: "Act" means the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder

"Bring-Down Date" means each date on which a Bring-Down Certificate, bring-down comfort letter, bring-down legal opinion, or bring-down negative assurance letter is required to be delivered under Article VI of this Agreement

1 — Representations and Warranties of the Company and the Operating Partnership The Company and the Operating Partnership, jointly and severally, represent and warrant to each Agent as of the date of this Agreement, and as of each Applicable Time and each Bring-Down Date (except to the extent any such representation or warranty speaks as of a specific date, in which case such representation or warranty shall be made only as of such date), as follows: (a) Organization and Good Standing

Unless otherwise agreed in writing between the Company and the applicable Agent in connection with a block trade or other special transaction, each Agent shall act solely as agent for the Company and not as principal with respect to any sale of Shares

2, or any combination thereof) shall not exceed the Maximum Amount of $500,000,000