REIT A “real estate investment trust” under Sections 856 through 860 of the Code or as may be amended. Sale or Sales. Any transaction or series of transactions whereby: (i) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any Real Property or portion thereof, including the lease of any Real Property consisting of a building only, and including any event with respect to any Real Property which gives rise to a significant amount of insurance proceeds or condemnation awards; (ii) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of all or substantially all of the interest of the Corporation or the Operating Partnership in any Joint Venture in which it is a co-venturer or partner; (iii) any Joint Venture directly or indirectly (except as described in other subsections of this definition) in which the Company or the Operating Partnership as a co-venturer or partner sells, grants, transfers, conveys, or relinquishes its ownership of any Real Property or portion thereof, including any event with respect to any Real Property which gives rise to insurance claims or condemnation awards; or (iv) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, conveys or relinquishes its interest in any Real Estate Related Asset or portion thereof (including with respect to any Mortgage, all payments thereunder or in satisfaction thereof other than regularly scheduled interest payments) of amounts owed pursuant to such Mortgage and any event which gives rise to a significant amount of insurance proceeds or similar awards; or (v) the Company or the Operating Partnership directly or indirectly (except as described in other subsections of this definition) sells, grants, transfers, conveys, or relinquishes its ownership of any other asset not previously described in this definition or any portion thereof, but not including any transaction or series of transactions specified in clauses (i) through (v) above in which the proceeds of such transaction or series of transactions are reinvested by the Company in one or more assets within 180 days thereafter.
PORTFOLIO HOLDINGS The Adviser will not disclose, in any manner whatsoever, any list of securities held by the Portfolio, except in accordance with the Portfolio’s portfolio holdings disclosure policy.
Trust Not a Partnership; Taxation It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust's officers or any Shareholder. All persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Portfolio or, until the Trustees shall have established any separate Portfolio, of the Trust for payment under such credit, contract or claim; and neither the Shareholders, the Trustees, nor the Trust's officers nor any of the agents of the Trustees whether past, present or future, shall be personally liable therefor. It is intended that the Trust, or each Portfolio if there is more than one Portfolio, be classified for income tax purposes as an association taxable as a corporation, and the Trustees shall do all things that they, in their sole discretion, determine are necessary to achieve that objective, including (if they so determine), electing such classifications on Internal Revenue Form 8832. The Trustees, in their sole discretion and without the vote or consent of the Shareholders, may amend this Agreement to ensure that this objective is achieved.
Insiders’ NASD Affiliation Based on questionnaires distributed to such persons, except as set forth on Schedule 2.18.4, no officer, director or any beneficial owner of the Company's unregistered securities has any direct or indirect affiliation or association with any NASD member. The Company will advise the Representative and its counsel if it learns that any officer, director or owner of at least 5% of the Company's outstanding Common Stock is or becomes an affiliate or associated person of an NASD member participating in the offering.
Portfolio Valuation and Diversification Etc 113118 SECTION 5.13. Calculation of Borrowing Base 118124 ARTICLE VI NEGATIVE COVENANTS 130136 SECTION 6.01. Indebtedness 130136 SECTION 6.02. Liens 132139 SECTION 6.03. Fundamental Changes and Dispositions of Assets 134140 SECTION 6.04. Investments 136143 SECTION 6.05. Restricted Payments 138144 SECTION 6.06. Certain Restrictions on Significant Subsidiaries 139145 SECTION 6.07. Certain Financial Covenants 139146 SECTION 6.08. Transactions with Affiliates 140146 SECTION 6.09. Lines of Business 140147 SECTION 6.10. No Further Negative Pledge 140147 SECTION 6.11. Modifications of Certain Documents 141147 SECTION 6.12. Payments of Other Indebtedness 141148 ARTICLE VII EVENTS OF DEFAULT 142149 SECTION 7.01. Events of Default 142149 ARTICLE VIII THE ADMINISTRATIVE AGENT 146153 SECTION 8.01. The Administrative Agent 146153 SECTION 8.02. Certain ERISA Matters 149156 SECTION 8.03. Erroneous Payments. 151157 ARTICLE IX MISCELLANEOUS 153160 SECTION 9.01. Notices; Electronic Communications 153160 SECTION 9.02. Waivers; Amendments 155161 SECTION 9.03. Expenses; Indemnity; Damage Waiver 158164 SECTION 9.04. Successors and Assigns 160167 SECTION 9.05. Survival 164171 SECTION 9.06. Counterparts; Integration; Effectiveness; Electronic Execution 164171 SECTION 9.07. Severability 165172 SECTION 9.08. Right of Setoff 165172