Common use of Ownership Limitation and Transfer Restrictions Clause in Contracts

Ownership Limitation and Transfer Restrictions. (i) Except as provided in Section 5.2(f) below, from and after the Initial Date and prior to the Restriction Termination Date: (v) no Disqualified Organization shall be a record holder of any shares of Capital Stock; (w) no Person shall Beneficially Own or Constructively Own Capital Stock in excess of the Ownership Limit; (x) no Person shall Acquire Capital Stock, if, as a result of such action, the Capital Stock would be beneficially owned by fewer than 100 Persons (determined without reference to any rules of attribution under the Code); (y) no Person shall Acquire Capital Stock or any interest therein if, as a result of such acquisition, the Corporation would be "closely held" within the meaning of Section 856(h) of the Code or would otherwise fail to qualify as a REIT, as the case may be; and (z) no Person shall Acquire Capital Stock or any interest therein if, as a result of such acquisition, the Corporation would Constructively Own 10% or more of the ownership interests in a tenant of the Corporation's real property, within the meaning of Section 856(d)(2)(B) of the Code, or would otherwise fail to qualify as a REIT, as the case may be. (ii) Subject to Section 5.7, any Transfer that would result in a violation of the restrictions in subsection (b)(i) above, shall be void ab initio as to the purported Transfer of such number of shares of Capital Stock that would cause the violation of the applicable restriction in subsection (b)(i), and the Prohibited Owner or transferee, as applicable, shall acquire no rights in such shares of Capital Stock.

Ownership Limitation and Transfer Restrictions. (i) Except as provided in Section 5.2(f) below, from and after the Initial Date and prior to the Restriction Termination Date: (v) no Disqualified Organization shall be a record holder of any shares of Capital Stock; (w) no Person shall Beneficially Own or Constructively Own Capital Stock in excess of the Ownership Limit; (x) no Person shall Acquire Capital Stock, if, as a result of such action, the Capital Stock would be beneficially owned by fewer than 100 Persons (determined without reference to any rules of attribution under the Code); (y) no Person shall Acquire Capital Stock or any interest therein if, as a result of such acquisition, the Corporation would be "“closely held" ” within the meaning of Section 856(h) of the Code or would otherwise fail to qualify as a REIT, as the case may be; and (z) no Person shall Acquire Capital Stock or any interest therein if, as a result of such acquisition, the Corporation would Constructively Own 10% or more of the ownership interests in a tenant of the Corporation's ’s real property, within the meaning of Section 856(d)(2)(B) of the Code, or would otherwise fail to qualify as a REIT, as the case may be. (ii) Subject to Section 5.7, any Transfer that would result in a violation of the restrictions in subsection (b)(i) above, shall be void ab initio as to the purported Transfer of such number of shares of Capital Stock that would cause the violation of the applicable restriction in subsection (b)(i), and the Prohibited Owner or transferee, as applicable, shall acquire no rights in such shares of Capital Stock.