Excess Ownership. KRC and KRS are corporations and, to the best of Kimco's knowledge (after due investigation), no person or entity which would be treated as an individual for purposes of Section 542(a)(2) of the Code, as modified by Section 856(h) of the Code, Constructively Owns in excess of 9.8% of the value of the outstanding equity interest in KRC or KRS.
Appears in 6 contracts
Samples: Standstill Agreement (Atlantic Realty Trust), Standstill Agreement (Kimco Realty Corp), Standstill Agreement (Kimco Realty Corp)