Common use of Limitations on Changes in Existing Holder and Ownership Limits Clause in Contracts

Limitations on Changes in Existing Holder and Ownership Limits. (a) Neither the Ownership Limit nor any Existing Holder Limit may be increased (nor may any additional Existing Holder Limit be created) if, after giving effect to such increase (or creation), five (5) Beneficial Owners of Interests (including, without limitation, all of the then Existing Holders) could Beneficially Own, in the aggregate, more than 49.9% in number or value of the outstanding Interests. (b) Prior to the modification of any Existing Holder Limit or Ownership Limit pursuant to Sections 9.9 or 9.10, the Venture may require such opinions of counsel, affidavits, undertakings or agreements as it may deem necessary or advisable in order to determine or ensure the Subsidiary REIT’s status as a REIT. (c) No Existing Holder Limit shall be reduced to a percentage which is less than the Ownership Limit.

Limitations on Changes in Existing Holder and Ownership Limits. (a) Neither the Ownership Limit nor any Existing Holder Limit may be increased (nor may any additional Existing Holder Limit be created) if, after giving effect to such increase (or creation), five (5) Beneficial Owners of Interests Common Shares (including, without limitation, including all of the then Existing Holders) could Beneficially Own, in the aggregate, more than 49.950.0% in number or value (determined as provided in the definition of "Ownership Limit" in Section 7.1) of the outstanding InterestsEquity Shares. (b) Prior to the modification of any Existing Holder Limit or Ownership Limit pursuant to Sections 9.9 7.9 or 9.107.10, the Venture Board of Trustees may require such opinions of counsel, affidavits, undertakings or agreements as it may deem necessary or advisable in order to determine or ensure the Subsidiary REIT’s Trust's status as a REIT. (c) No Existing Holder Limit shall be reduced to a percentage which is less than the Ownership Limit.

Limitations on Changes in Existing Holder and Ownership Limits. (a) Neither the Ownership Limit nor any Existing Holder Limit may be increased (nor may any additional Existing Holder Limit be created) if, after giving effect to such increase (or creation), five (5) Beneficial Owners of Interests Units (including, without limitation, all of the then Existing Holders) could Beneficially Own, in the aggregate, more than 49.9% in number or value of the outstanding InterestsUnits. (b) Prior to the modification of any Existing Holder Limit or Ownership Limit pursuant to Sections 9.9 6.9 or 9.106.10, the Venture Manager may require such opinions of counsel, affidavits, undertakings or agreements as it may deem necessary or advisable in order to determine or ensure the Subsidiary REIT’s status as a REITreal estate investment trust under the Code. (c) No Existing Holder Limit shall be reduced to a percentage which is less than the Ownership Limit.

Limitations on Changes in Existing Holder and Ownership Limits. (a) Neither the Ownership Limit nor any Existing Holder Limit may be increased (nor may any additional Existing Holder Limit be created) if, after giving effect to such increase (or creation), five (5) Beneficial Owners of Interests Units (including, without limitation, all of the then Existing Holders) could Beneficially Own, in the aggregate, more than 49.9% in number or value of the outstanding InterestsUnits. (b) Prior to the modification of any Existing Holder Limit or Ownership Limit pursuant to Sections 9.9 6.9 or 9.106.10, the Venture Managers may require such opinions of counsel, affidavits, undertakings or agreements as it may deem necessary or advisable in order to determine or ensure the Subsidiary REIT’s status as a REITreal estate investment trust under the Code. (c) No Existing Holder Limit shall be reduced to a percentage which is less than the Ownership Limit.

Limitations on Changes in Existing Holder and Ownership Limits. (a) Neither the Ownership Limit nor any Existing Holder Limit may be increased (nor may any additional Existing Holder Limit be created) if, after giving effect to such increase (or creation), five (5) Beneficial Owners of Interests Units (including, without limitation, all of the then Existing Holders) could Beneficially Own, in the aggregate, more than 49.9% in number or value of the outstanding InterestsUnits. (b) Prior to the modification of any Existing Holder Limit or Ownership Limit pursuant to Sections 9.9 Section 6.9 or 9.106.10, the Venture Manager may require such opinions of counsel, affidavits, undertakings or agreements as it may deem necessary or advisable in order to determine or ensure the Subsidiary REIT’s status as a REITreal estate investment trust under the Code. (c) No Existing Holder Limit shall be reduced to a percentage which is less than the Ownership Limit.