ALTERNATE TRANSACTION. If the REIT determines that a structure change is necessary, advisable or desirable, the REIT may elect, in its sole and absolute discretion, to effect the Alternate Transaction, and in such case RESI hereby agrees and consents to such election, without the need for the Operating Partnership to seek any further consent or action from RESI, and agrees that the parties shall undertake the Alternate Transaction and shall, and it shall cause its equity holders, enter into such agreements as shall be necessary to consummate the Alternate Transaction; provided that the tax treatment of the Merger Consideration to the holders of RESI Equity Interests results in equal or lower taxation.
Appears in 4 contracts
Samples: Merger Agreement (Silver Bay Realty Trust Corp.), Merger Agreement (Silver Bay Realty Trust Corp.), Merger Agreement (Silver Bay Realty Trust Corp.)
