Affiliated Manager. For so long as Landlord or any Affiliated Person as to Landlord shall seek to qualify as a “real estate investment trust” under the Code, Tenant: (i) shall remain taxable under the Code as an association taxable as a corporation; (ii) shall not become a direct or indirect subsidiary of InterContinental Hotels Group Resources, Inc. or of any Portfolio Manager; (iii) shall not permit either InterContinental Hotels Groups Resources, Inc. or any Portfolio Manager to become its direct or indirect subsidiary; and (iv) shall not be reorganized, restructured, combined, merged or amalgamated with any Affiliated Person (as to Tenant) in such manner that any such Affiliated Person would, or in Landlord’s judgment could be expected to, adversely affect (including, e.g., by application of any Person’s actual “disregarded entity” status under the Code) any status such Affiliated Person (as to Tenant) may have as a Code Section 856(d)(9)(A) “eligible independent contractor” at a Code Section 856(d)(9)(D) “qualified lodging facility” owned or leased by Landlord (or any Affiliated Person as to Landlord).
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Affiliated Manager. For so long as Landlord or any Affiliated Person as to Landlord shall seek to qualify as a “"real estate investment trust” " under the Code, Tenant: (i) shall remain taxable under the Code as an association taxable as a corporation; (ii) shall not become a direct or indirect subsidiary of InterContinental Hotels Group Resources, Inc. or of any Portfolio Manager; (iii) shall not permit either InterContinental Hotels Groups Resources, Inc. or any Portfolio Manager to become its direct or indirect subsidiary; and (iv) shall not be reorganized, restructured, combined, merged or amalgamated with any Affiliated Person (as to Tenant) in such manner that any such Affiliated Person would, or in Landlord’s 's judgment could be expected to, adversely affect (including, e.g., by application of any Person’s 's actual “"disregarded entity” " status under the Code) any status such Affiliated Person (as to Tenant) may have as a Code Section 856(d)(9)(A) “"eligible independent contractor” " at a Code Section 856(d)(9)(D) “"qualified lodging facility” " owned or leased by Landlord (or any Affiliated Person as to Landlord).. [Signature page follows]
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Sources: Stock Purchase Agreement (Hospitality Properties Trust)