Common use of Actions to Maintain REIT Status Clause in Contracts

Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the General Partner to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) protect the ability of the General Partner to continue to qualify as a REIT, or (ii) avoid the General Partner incurring any taxes under Sections 857 or 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 11 contracts

Samples: Limited Partnership Agreement (Healthcare Realty Holdings, L.P.), Merger Agreement (Healthcare Realty Trust Inc), Limited Partnership Agreement (Griffin-American Healthcare REIT II, Inc.)

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Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the General Partner to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) protect the ability of the General Partner to continue to qualify as a REIT, or (ii) avoid the General Partner incurring any taxes under Sections Section 857 or Section 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Paladin Realty Income Properties Inc), Limited Partnership Agreement (Paladin Realty Income Properties Inc), Agreement of Limited Partnership (Paladin Realty Income Properties Inc)

Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner or the Advisor on behalf of the Partnership or any decision of the General Partner or the Advisor to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) protect the ability of the General Partner to qualify or continue to qualify as a REIT, or (ii) avoid the General Partner incurring any taxes under Sections 857 or 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Griffin-American Healthcare REIT IV, Inc.), Agreement of Limited Partnership (Griffin-American Healthcare REIT IV, Inc.), Agreement of Limited Partnership (Griffin-American Healthcare REIT 4, Inc.)

Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the General Partner to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) protect the ability of the General Partner Company to continue to qualify as a REIT, or (ii) avoid the General Partner Company incurring any taxes under Sections Section 857 or Section 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Shopoff Properties Trust, Inc.), Limited Partnership Agreement (Shopoff Properties Trust, Inc.), Limited Partnership Agreement (Shopoff Properties Trust, Inc.)

Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the General Partner to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) protect the ability of the General Partner to qualify or continue to qualify as a REIT, or (ii) avoid the General Partner incurring any taxes under Sections 857 or 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Griffin-American Healthcare REIT IV, Inc.), Limited Partnership Agreement (Griffin-American Healthcare REIT III, Inc.)

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Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the General Partner to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) protect the ability of the General Partner Landwin REIT to continue to qualify as a REIT, or (ii) avoid the General Partner Landwin REIT incurring any taxes under Sections Section 857 or Section 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Landwin REIT Inc)

Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the a General Partner to refrain from acting on behalf of the Partnership, Partnership undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) to protect the ability of the General Partner Entity to continue to qualify as a REIT, REIT or (ii) avoid to allow the General Partner Entity to avoid incurring any liability for taxes under Sections Section 857 or 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Presidio Golf Trust)

Actions to Maintain REIT Status. Notwithstanding any other provisions of this Agreement or the Act, any action of the General Partner on behalf of the Partnership or any decision of the General Partner to refrain from acting on behalf of the Partnership, undertaken in the good faith belief that such action or omission is necessary or advisable in order to: (i) to protect the ability of the General Partner Company to continue to qualify as a REIT, ; or (ii) to avoid the General Partner Company incurring any taxes under Sections Section 857 or Section 4981 of the Code, is expressly authorized under this Agreement and is deemed approved by all of the Limited Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Monarch Properties Inc)

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