Affiliated Sellers. For purposes of determining when a rate adjustment level is reached, affiliated Volunteer Sellers shall be treated as a single Volunteer Seller. Affiliated Volunteer Sellers shall be treated as a single Volunteer Seller if they would qualify as “related persons” under section 267(b) or 707(b) of the Internal Revenue Code.
Affiliated Sellers. ABS ID-O LLC, a Delaware limited liability company Jewel Food Stores, Inc., an Ohio corporation Jetco Properties, Inc., a Delaware corporation ASP Realty, LLC, a Delaware limited liability company ACME Markets, Inc., a Delaware corporation Safeway Stores 99, Inc, a Delaware corporation Safeway Inc., a Delaware corporation Safeway Stores 46, Inc., a Delaware corporation Xxxxxxx’x Food & Drugs LP, a Delaware limited partnership NAI Saturn Eastern LLC, a Delaware limited liability company ABS WY-O LLC, a Delaware limited liability company American Drug Stores LLC, a Delaware limited liability company The Vons Companies, Inc., a Delaware corporation Wildcat Markets OPCO LLC, a Delaware limited liability company Dominick’s Finer Foods, LLC, a Delaware limited liability company
Affiliated Sellers. The Company may acquire Projects from Affiliates of the Advisor. Accordingly, notwithstanding the fact that the purchase price will be based on a third-party appraisal, the purchase or contribution agreements for such Projects will not be negotiated on a third-party, arm’s length basis. Some of the terms of the purchase or contribution agreements with Affiliates of the Advisor may not be on market terms. Compliance with the Americans with Disabilities Act and the Fair Housing Amendment Act. Under the Americans with Disabilities Act of 1990 (the “ADA”), public accommodations must meet certain federal requirements related to access and use by disabled persons. Facilities initially occupied after January 26, 1992 must comply with the ADA. When a building is being renovated, the area renovated, and the path of travel accessing the renovated area, must comply with the ADA. Further, owners of buildings occupied prior to January 26, 1992 must expend reasonable sums, and must make reasonable efforts, to make practicable or readily achievable modifications to remove barriers, unless the modification would create an undue burden. This means that so long as owners are financially able, they have an ongoing duty to make their property accessible. The definitions of “reasonable,” “reasonable efforts,” “practicable” or “readily achievable” are site-dependent and vary based on the owner’s financial status. The ADA requirements could require removal of access barriers at significant cost and could result in the imposition of fines by the federal government or an award of damages to private litigants. Attorneys’ fees may be awarded to a plaintiff claiming ADA violations. State and federal laws in this area are constantly evolving and could evolve to place a greater cost or burden on the Company. While the Company will attempt to obtain information with respect to compliance with the ADA prior to investing in a Project, there can be no assurance that ADA violations do not or will not exist at a specific Project. In addition, the Fair Housing Amendment Act requires multifamily dwellings first occupied after March 13, 1991 to comply with design and construction requirements related to access and use by disabled persons. If violations of the ADA or the Fair Housing Amendment Act do exist, there can be no assurance that there will be funds to pay for any necessary repairs. Any funds used for ADA compliance will reduce the Company’s net income and the amount of cash available fo...
