Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
The information included under Item 3.02 above is incorporated by reference into this Item 5.03
In connection with the Public Offering, the Company caused Articles
Supplementary classifying 12,000,000 of the Company's authorized preferred
shares of beneficial interest as Series N Preferred Shares (the "Articles
Supplementary") to be executed under seal in its name and filed with the
The Series N Preferred Shares will rank senior to the Company's common shares and any other junior shares that the Company may issue in the future, and on parity with the Company's Series A Convertible Preferred Shares, Series D-10 Cumulative Redeemable Preferred Shares, Series D-11 Cumulative Redeemable Preferred Shares, Series D-12 Cumulative Redeemable Preferred Shares, Series D-14 Cumulative Redeemable Preferred Shares, Series D-15 Cumulative Redeemable Preferred Shares, Series K Cumulative Redeemable Preferred Shares, Series L Cumulative Redeemable Preferred Shares, Series M Cumulative Redeemable Preferred Shares and any other parity shares that the Company may issue in the future, in each case with respect to payment of dividends and distribution of assets upon liquidation, dissolution or winding up, all as set forth in the Articles Supplementary.
In connection with the Private Placement, on
Item 8.01. Other Events.
The information included under Item 3.02 above is incorporated by reference into this Item 8.01.
A copy of the Underwriting Agreement is attached hereto as Exhibit 1.1 and
incorporated herein by reference. The opinion of
Item 9.01. Financial Statements and Exhibits. (d) Exhibits.
1.1 Underwriting Agreement, dated
3.1
3.2 Fiftieth Amendment to Second Amended and Restated Agreement of Limited
Partnership of
5.1 Opinion ofVenable LLP as to validity of the Series N Preferred Shares. 23.1 Consent ofVenable LLP (included in Exhibit 5.1).
104 The cover page from this Current Report on Form 8-K, formatted in Inline XBRL
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