Common use of Constructive Ownership Clause in Contracts

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 15 contracts

Sources: Trust Agreement (RMR Dividend Capture Fund), Agreement and Declaration of Trust (RMR Real Estate Income Fund), Agreement and Declaration of Trust (RMR Hospitality & Real Estate Fund)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ",” “Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 11 contracts

Sources: Merger Agreement (Mobile Infrastructure Corp), Merger Agreement (Forest City Realty Trust, Inc.), Master Combination Agreement (NorthStar Real Estate Income II, Inc.)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ",” “Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 6 contracts

Sources: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares Units by a Person, whether the interest in Equity Shares the Units is held directly or indirectly (including by through a nominee), and shall include, but not be limited to, include any interests that would be treated as owned actually or constructively through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ",” “Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 5 contracts

Sources: Operating Agreement (Cardone Equal Opportunity Fund 2, LLC), Operating Agreement (Cardone Equal Opportunity Fund 2, LLC), Operating Agreement

Constructive Ownership. The term "Constructive Ownershipownership" shall mean ownership of Equity Shares Stock by a Person, whether the interest in Equity Shares Person who is held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests that would be treated as owned an owner of such Stock either actually or constructively through the application of Section 318(a) 318 of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", owner," "Constructively Ownsown," "Constructively owns" and "Constructively Ownedowned" shall have the correlative meanings.

Appears in 2 contracts

Sources: Preferred Stock Purchase Agreement (Kimco Realty Corp), Preferred Stock Purchase Agreement (Price Reit Inc)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares shares of Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that are actually owned or would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ",” “Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 2 contracts

Sources: Merger Agreement (American Assets Trust, Inc.), Merger Agreement (American Assets Trust, Inc.)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares by a Person, whether the interest in Equity the Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ",” “Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust), Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (Overstreet Adrian Marcel), Agreement and Declaration of Trust (RMR Asia Real Estate Fund)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ," "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 1 contract

Sources: Merger Agreement (Walter Industries Inc /New/)

Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned actually or constructively through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ",” “Constructively Owns" and "Constructively Owned" shall have the correlative meanings.

Appears in 1 contract

Sources: Merger Agreement (Sba Communications Corp)