Item 1.01 Entry Into a Material Definitive Agreement
On
The underwriters have performed investment banking and advisory services for the Company from time to time for which they have received customary fees and expenses. The underwriters may, from time to time, engage in transactions with and perform services for the Company in the ordinary course of their business.
The lenders under the Company's existing revolving credit facility include,
among other financial institutions from time to time as lenders party thereto,
Item 3.03 Material Modification to Rights of Security Holders
Upon issuance of the Preferred Shares referenced in Item 5.03 below, the ability of the Company to make distributions with respect to, or redeem, purchase or acquire, or make a liquidation payment on, any other shares of beneficial interest of the Company ranking junior to or on a parity with the Preferred Shares, will be subject to certain restrictions in the event that the Company does not declare distributions on the Preferred Shares during any distribution period.
The terms of the Preferred Shares are set forth in the Articles Supplementary to
the Company's Declaration of Trust, as amended, that are filed as Exhibit 3.1
hereto and incorporated herein by reference. The terms of the Depositary Shares
are set forth in the Master Deposit Agreement entered into as of
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal
Year
(a) Under the Company's Declaration of Trust, as amended, the
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits Exhibit No. 1.1 Underwriting Agreement relating to the Company's depositary shares each representing 1/1,000 of a 4.000% Cumulative Preferred Share of beneficial interest, Series P 3.1 Articles Supplementary for the Preferred Shares 4.1 Master Deposit Agreement between the Company andComputershare Trust Company , N.A., as depositary, dated as ofMay 31, 2007 , filed as Exhibit 10.1 to the Company's Current Report on Form 8-K filedJune 6, 2007 and incorporated herein by reference 5.1 Opinion ofHogan Lovells US LLP as to the legality of the Preferred Shares and Depositary Shares 23.1 Consent ofHogan Lovells US LLP (included in Exhibit 5.1) 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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