Common use of Covenants of DevCo Clause in Contracts

Covenants of DevCo. (i) DevCo and DevCo OP shall use their commercially reasonable efforts to cooperate with SpinCo and each SpinCo REIT Subsidiary, as necessary, to enable SpinCo and each SpinCo REIT Subsidiary to each qualify for taxation as a REIT and receive a customary legal opinion on the Distribution Date concerning SpinCo’s qualification and taxation as a REIT, including by providing information and representations to SpinCo or any of the SpinCo REIT Subsidiaries and their respective tax counsel with respect to the composition of DevCo’s income and assets, composition of the holders of stock of DevCo and DevCo’s organization, operation, and qualification as a REIT.

Covenants of DevCo. (i) DevCo and DevCo OP shall use their commercially reasonable efforts to cooperate with SpinCo and each SpinCo REIT Subsidiary, as necessary, to enable SpinCo and each SpinCo REIT Subsidiary to each qualify for taxation as a REIT and receive a customary legal opinion opinions on or after the Distribution Date concerning SpinCo’s qualification and taxation as a REIT, including by providing information and representations to SpinCo or any of the SpinCo REIT Subsidiaries and their respective tax counsel with respect to the composition of DevCo’s income and assets, composition of the holders of stock of DevCo and DevCo’s organization, operation, and qualification as a REIT.