REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.
Appears in 66 contracts
Sources: Sales Agreement (AGNC Investment Corp.), Underwriting Agreement (Cousins Properties Inc), Sales Agreement (AGNC Investment Corp.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.
Appears in 18 contracts
Sources: Underwriting Agreement (CBL & Associates Limited Partnership), Underwriting Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (CBL & Associates Limited Partnership)
REIT Qualification. The Company will use its best efforts to continue enable the Company to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests of the Company to qualify as a REIT.
Appears in 18 contracts
Sources: Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Invesco Mortgage Capital Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Trustees of the Company deems it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REITremain so qualified.
Appears in 16 contracts
Sources: Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Atm Equity Offering Sales Agreement (Pebblebrook Hotel Trust)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Trustees of the Company determines that it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REIT.
Appears in 12 contracts
Sources: Atm Equity Offering Sales Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests of the Company and its stockholders to qualify as a REIT.
Appears in 12 contracts
Sources: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.), Atm Equity Offering Sales Agreement (Americold Realty Trust)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Board of Trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.
Appears in 10 contracts
Sources: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests interest of the Company to qualify as a REIT.
Appears in 9 contracts
Sources: Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Realty LTD Partnership)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors trustees that it is no longer in the Company’s best interests to qualify as a REIT.
Appears in 9 contracts
Sources: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.
Appears in 8 contracts
Sources: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)
REIT Qualification. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for each of its taxable years, subject to any future determination by for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.
Appears in 8 contracts
Sources: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s 's board of directors that it is no longer in the Company’s 's best interests to qualify as a REIT.
Appears in 8 contracts
Sources: Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (American Capital Agency Corp)
REIT Qualification. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.
Appears in 8 contracts
Sources: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)
REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.
Appears in 7 contracts
Sources: Equity Distribution Agreement (American Finance Trust, Inc), Equity Distribution Agreement (American Finance Trust, Inc), Underwriting Agreement (Global Net Lease, Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by unless the Company’s board of directors that determines it is no longer in the Company’s shareholders’ best interests to qualify as a REITdo so.
Appears in 5 contracts
Sources: Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CBL & Associates Properties Inc)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation requirement to qualify as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests 's shareholders to qualify as a REITremain so qualified.
Appears in 4 contracts
Sources: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future good faith determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REITREIT under the Code.
Appears in 4 contracts
Sources: At Market Issuance Sales Agreement (Umh Properties, Inc.), At Market Issuance Sales Agreement (Umh Properties, Inc.), At Market Issuance Sales Agreement (Umh Properties, Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject and to not take any future determination by action to revoke or otherwise terminate the Company’s REIT election, unless the Company’s board of directors determines in good faith that it is no longer in the Company’s best interests of the Company to qualify as a REITbe so qualified.
Appears in 4 contracts
Sources: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for its taxable year ending December 31, subject to any 2012 and for its future determination by taxable years, unless a majority of the independent members of the Company’s board of directors determines in good faith that it is no longer in the Company’s best interests to qualify as a REIT.
Appears in 4 contracts
Sources: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Sales Agreement (Hatteras Financial Corp)
REIT Qualification. The Company will use its best commercially reasonable efforts to continue enable the Company to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests of the Company to qualify as a REIT.
Appears in 2 contracts
Sources: Equity Distribution Agreement (CYS Investments, Inc.), Equity Distribution Agreement (Cypress Sharpridge Investments, Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for its taxable year ending December 31, 2012 and, subject to any future determination by a majority of the independent members of the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT, thereafter.
Appears in 2 contracts
Sources: Controlled Equity Offering Sales Agreement (CapLease, Inc.), Sales Agreement (CapLease, Inc.)
REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.
Appears in 2 contracts
Sources: Underwriting Agreement (Home Properties Inc), Underwriting Agreement (Home Properties Inc)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company and its stockholders to qualify as a REITremain so qualified.
Appears in 2 contracts
Sources: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)
REIT Qualification. The Company will currently intends to elect to qualify as a REIT under the Code, and use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.
Appears in 2 contracts
Sources: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REITREIT under the Code.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp), At Market Issuance Sales Agreement (Monmouth Real Estate Investment Corp)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by unless the Company’s board Board of directors that Directors determines it is no longer in the Company’s stockholders’ best interests to qualify as a REITdo so.
Appears in 2 contracts
Sources: Sales Agreement (Excel Trust, Inc.), Sales Agreement (Excel Trust, Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements to qualify for qualification and taxation as a REIT under the CodeCode for subsequent tax years that include any portion of the term of this Agreement, subject to any future determination by unless the Company’s board of directors determines in good faith that it is no longer in the Company’s best interests of the Company and its stockholders to so qualify as a REITor to be so qualified.
Appears in 2 contracts
Sources: Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (Phillips Edison & Company, Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination unless it is determined by the Company’s board of directors that it is to be in the best interest of the Company for the Company to no longer in the Company’s best interests to qualify as a REITso qualify.
Appears in 1 contract
Sources: Purchase Agreement (CapLease, Inc.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board of directors trustees of the Company determines that it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REIT.
Appears in 1 contract
Sources: Atm Equity Offering Sales Agreement (Peakstone Realty Trust)
REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors trustees that it is no longer in the Company’s best interests to qualify as a REIT.
Appears in 1 contract
Sources: Equity Distribution Agreement (Investors Real Estate Trust)
REIT Qualification. The Company will use its best efforts to continue enable the Company to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines in that it is no longer in the Company’s best interests of the Company to qualify as a REIT.
Appears in 1 contract
Sources: Equity Distribution Agreement (Ares Commercial Real Estate Corp)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for its taxable year ending December 31, 2013 and, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT, thereafter.
Appears in 1 contract
Sources: Underwriting Agreement (American Capital Mortgage Investment Corp.)
REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation requirement to qualify as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.
Appears in 1 contract