Not a Disqualified Person. Owner shall not cause the QI to become a Disqualified Person during the period commencing on the execution date hereof through and including the date of transfer of any Replacement Property to such Legal Entity as part of the LKE Program.
Not a Disqualified Person. Such Legal Entity hereby represents and warrants to the QI that, to the best of such Legal Entity’s knowledge, as of the date hereof, the QI is not a Disqualified Person. Such Legal Entity shall not cause the QI to become a Disqualified Person during the period commencing on the execution date hereof through and including the date of transfer of any Replacement Property to such Legal Entity as part of the LKE Program.
Not a Disqualified Person. At no time during the term of this Agreement will the QI knowingly permit itself to become a disqualified person within the meaning of such term as set forth in Section 1.1031(k)-1(k) of the Treasury Regulations (a “Disqualified Person”), taking into account all exceptions and exclusions therefrom. To the best of the QI’s knowledge and without inquiry, neither the QI nor any Affiliate of the QI has, during the last two years, engaged in any activity which would cause the QI to be a Disqualified Person with respect to any Legal Entity.
Not a Disqualified Person. Prior to, as of and after the date hereof and all of the time that this Agreement is in force and effect, the QI is not a disqualified person within the meaning of such term as set forth in Section 1.1031(k)-1(k) of the Treasury Regulations (a “Disqualified Person”), taking into account all exceptions and exclusions therefrom. The QI shall not become a Disqualified Person during the period commencing on the execution date hereof through the Termination Date and, if any Exchange is pending after the Termination Date, including the Exchange Period relating to the same.
Not a Disqualified Person. Owner shall not cause QI to become a Disqualified Person during the period commencing on the execution date hereof through and including the date of transfer of any Replacement Property to such Exchanger as part of its LKE Program.
Not a Disqualified Person. QI hereby represents and warrants to each Exchanger that prior to, as of and after the date hereof and all of the time that this Agreement is in force and effect, QI is not a disqualified person within the meaning of such term as set forth in Section 1.1031(k)-1(k) of the Treasury Regulations (a “Disqualified Person”), taking into account all exceptions and exclusions therefrom. QI shall not knowingly cause QI to become a Disqualified Person during the period commencing on the date hereof through the Termination Date and, if any Exchange is pending after the Termination Date, including the Exchange Period relating to the same.
Not a Disqualified Person. PHF hereby represents and warrants to Exchangor that at all times during the period commencing two years prior to the date hereof through the date hereof, PHF has not been and PHF is not a disqualified person within the meaning of such term as set forth in Section 1.1031(k)-1(k) of the Treasury Regulations (a “Disqualified Person”), taking into account all exceptions and exclusions therefrom. PHF shall not knowingly cause PHF to become a Disqualified Person during the period commencing on the execution date hereof through the Termination Date.
Not a Disqualified Person. Holdings hereby represents and warrants to the PHF that, to the best of Holdings’ knowledge, as of the date hereof, PHF is not a Disqualified Person with respect to Exchangor. Holdings shall not knowingly cause PHF to become a Disqualified Person with respect to Exchangor during the Term of this Agreement.
Not a Disqualified Person. The Exchangor hereby represents and warrants to the QI that, to the best of the Exchangor’s knowledge, as of the date hereof, the QI is not a Disqualified Person. The Exchangor shall not knowingly cause the QI to become a Disqualified Person during the period commencing on the date hereof through and including the date of transfer of any Replacement Property to the Exchangor as part of the LKE Program.
Not a Disqualified Person. At no time during the Term of this Agreement, will Intermediary knowingly permit itself or any Affiliate of Intermediary to become a Disqualified Person with respect to Exchanger taking into account all exceptions and exclusions there from. To the best of Intermediary’s knowledge and without inquiry, neither Intermediary nor any Affiliate of Intermediary has, within the two-year period ending on the date of the first transfer of Relinquished Property hereunder, engaged in any activity which would cause Intermediary to be a Disqualified Person with respect to Exchanger.
