FIRPTA Certification. Within two days prior to the purchase of Shares pursuant to the Offer, the Company shall provide to the Parent and Subsidiary a certification in accordance with Sections 1.897-2(h) and 1.1445-2(c)(3) of the Treasury regulations to the effect that Company is not, nor has it been at any time during the specified period in Section 897(c)(1)(A)(ii), a “United States Real Property Holding Corporation” as that term is defined in Section 897(c)(2) of the Code.
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Samples: Merger Agreement (Falcon Financial Investment Trust), Merger Agreement (Istar Financial Inc), Merger Agreement (Istar Financial Inc)
FIRPTA Certification. Within two (2) days prior to the purchase of Shares pursuant to the Offer, and again within two (2) days prior to the Effective Time, upon request of Parent, the Company shall provide to the Parent and Subsidiary Purchaser a certification in accordance with Sections 1.897-2(h) and 1.1445-2(c)(3) of the Treasury regulations to the effect that Company is not, nor has it been at any time during the period specified period in Section 897(c)(1)(A)(ii), a “United States Real Property Holding Corporation” as that term is defined in Section 897(c)(2) of the Code.
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