Common use of Continued Qualification as a REIT Clause in Contracts

Continued Qualification as a REIT. A. Manager shall make reasonable efforts not to enter into any agreement (including, without being limited to, any agreement for the furnishing of non-customary services), without the consent of Owner, with any tenant or other occupant of the Property, that would result in (A) the disqualification of Alexander’s as a REIT entitled to the benefits of Section 856 et seq., of the Code, (B) the imposition of any penalty or similar tax on Alexander’s (including, without being limited to, the tax imposed on the failure to meet certain income requirements under Section 857(b)(5) of the Code and the tax imposed on income from prohibited transactions under Section 857(b)(6) of the Code) or (C) any part of the rental or other consideration paid thereunder by such tenant or occupant to Alexander’s, or to Manager on behalf of Alexander’s, being held not to constitute either “rents from real property” or “interest on obligations secured by mortgages on real property or on interests in real property” or “interest on obligations secured by mortgages on real property or on interest in real property” or other income described in Sections 856(c)(2) and (c)(3) of the Code.

Continued Qualification as a REIT. A. Manager shall make reasonable efforts not to enter into any agreement (including, without being limited to, any agreement for the furnishing of non-customary services), without the consent of OwnerAlexander's, with any tenant or other occupant of the any Property, ; that would result in (A) the disqualification of Alexander’s 's as a REIT entitled to the benefits of Section 856 et seq., of the Code, (B) the imposition of any penalty or similar tax on Alexander’s 's (including, without being limited to, the tax imposed on the failure to meet certain income requirements under Section 857(b)(5) of the Code and the tax imposed on income from prohibited transactions under Section 857(b)(6) of the Code) or (C) any part of the rental or other consideration paid thereunder by such tenant or occupant to Alexander’s's, or to Manager on behalf of Alexander’s's, being held not to constitute either “"rents from real property” " or “"interest on obligations secured by mortgages on real property or on interests in real property” " or “"interest on obligations secured by mortgages on real property or on interest in real property” " or other income described in Sections 856(c)(2) and (c)(3) of the Code.

Continued Qualification as a REIT. A. Manager shall make reasonable efforts not to enter into any agreement (including, without being limited to, any agreement for the furnishing of non-customary services), without the consent of Owner, with any tenant or other occupant of the Property, that would result in (A) the disqualification of Alexander’s 's as a REIT entitled to the benefits of Section 856 et seq., of the Code, (B) the imposition of any penalty or similar tax on Alexander’s 's (including, without being limited to, the tax imposed on the failure to meet certain income requirements under Section 857(b)(5) of the Code and the tax imposed on income from prohibited transactions under Section 857(b)(6) of the Code) or (C) any part of the rental or other consideration paid thereunder by such tenant or occupant to Alexander’s's, or to Manager on behalf of Alexander’s's, being held not to constitute either “"rents from real property” " or “"interest on obligations secured by mortgages on real property or on interests in real property” " or “"interest on obligations secured by mortgages on real property or on interest in real property” " or other income described in Sections 856(c)(2) and (c)(3) of the Code.

Continued Qualification as a REIT. A. Manager shall make reasonable efforts not to enter into any agreement (including, without being limited to, any agreement for the furnishing of non-customary services), without the consent of OwnerAlexander's, with any tenant or other occupant of the Property, that would result in (A) the disqualification of Alexander’s 's as a REIT entitled to the benefits of Section 856 et seq., of the Code, (B) the imposition of any penalty or similar tax on Alexander’s 's (including, without being limited to, the tax imposed on the failure to meet certain income requirements under Section 857(b)(5) of the Code and the tax imposed on income from prohibited transactions under Section 857(b)(6) of the Code) or (C) any part of the rental or other consideration paid thereunder by such tenant or occupant to Alexander’s's, or to Manager on behalf of Alexander’s's, being held not to constitute either “"rents from real property” " or “"interest on obligations secured by mortgages on real property or on interests in real property” " or “"interest on obligations secured by mortgages on real property or on interest in real property” " or other income described in Sections 856(c)(2) and (c)(3) of the Code.