Owners Required To Provide Information. From and after the Initial Date: (a) every owner (through actual ownership, Beneficial Ownership, and Constructive Ownership) of more than five percent (or such lower percentage as required by the Code or the treasury regulations promulgated thereunder) of any series or any class of outstanding Equity Shares shall, within 30 days after the end of each taxable year, give written notice to the Trust stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity Shares Beneficially Owned or Constructively Owned, and a description of the manner in which such shares are held. Each such owner shall provide to the Trust such additional information as the Trust may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the status of any Investee as a REIT and to ensure compliance with the Aggregate Share Ownership Limit and the Common Share Ownership Limit. (b) each Person who is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of record) who is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide to the Trust such information as the Trust may request, in good faith, in order to comply with requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (RMR Real Estate Income Fund), Agreement and Declaration of Trust (Overstreet Adrian Marcel), Agreement and Declaration of Trust (RMR Hospitality & Real Estate Fund)
Owners Required To Provide Information. From and after the Initial Date:
(a) every owner (through actual ownership, Beneficial Ownership, and Constructive Ownership) of more than five percent (or such lower percentage as required by the Code or the treasury regulations promulgated thereunder) of any series or any class of outstanding Equity Shares shall, within 30 days after the end of each taxable year, give written notice to the Trust stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity Shares Beneficially Owned or Constructively Owned, and a description of the manner in which such shares are held. Each such owner shall provide to the Trust such additional information as the Trust may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the status of any Investee as a REIT or Foreign REIT and to ensure compliance with the Aggregate Share Ownership Limit and the Common Share Ownership Limit.
(b) each Person who is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of record) who is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide to the Trust such information as the Trust may request, in good faith, in order to comply with requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (RMR Asia Real Estate Fund), Trust Agreement (RMR Dividend Capture Fund), Agreement and Declaration of Trust (RMR Asia Pacific Real Estate Fund)
Owners Required To Provide Information. From and after the Initial Date:
(a) every owner (through actual ownership, Every Person that is a Beneficial Ownership, and Owner or Constructive Ownership) Owner of more than five percent or more (or such lower percentage as required by the Code or the treasury regulations promulgated thereunderCode) of any series or any class of outstanding Equity Shares shallat the time of determination, within 30 days after the end of each taxable yearyear and also within three Business Days after a request from the Trust, shall give written notice to the Trust stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity Shares Beneficially Owned or and (if requested by the Trust) Constructively OwnedOwned by it, and a description of the manner in which such shares Equity Shares are held. Each ; provided that a Shareholder that holds Equity Shares as nominee for another Person, which other Person is required to include in gross income the distributions received on such owner Equity Shares (an “Actual Owner”), shall provide give written notice to the Trust such additional information as stating the Trust may request in order to determine the effect, if any, name and address of such Beneficial Ownership or Constructive Ownership on the status of any Investee as a REIT and to ensure compliance with the Aggregate Share Ownership Limit Actual Owner and the Common Share Ownership Limit.
(b) each number of Equity Shares of such Actual Owner with respect to which the Shareholder is the nominee. Each Person who that is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of recordShareholder) who that is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide in writing to the Trust such information as the Trust may request, in good faith, request in order to determine the Trust’s qualification for taxation as a REIT and the Trust’s compliance with other applicable laws or requirements of any governmental authority and to comply with the requirements of any taxing authority or other governmental authority or to determine such compliance.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Seven Hills Realty Trust), Agreement and Declaration of Trust (Seven Hills Realty Trust), Agreement and Declaration of Trust (RMR Mortgage Trust)
Owners Required To Provide Information. From and after the Initial Date and prior to the Restriction Termination Date:
(ai) every owner (through actual ownership, Beneficial Ownership, and Constructive Ownership) of more than five percent (or such lower percentage as required by the Code or the treasury regulations Treasury Regulations promulgated thereunderthereunder or as otherwise required by the Board of Trustees) of any series or any class of the outstanding Equity Shares shallShares, within 30 days after the end of each taxable year, shall give written notice to the Trust stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity other Shares Beneficially Owned or Constructively Owned, and a description of the manner in which such shares are held; provided, that a Shareholder of record who holds outstanding Shares as nominee for an Actual Owner, shall give written notice to the Trust stating the name and address of such Actual Owner and the number of shares of such Actual Owner with respect to which the Shareholder of record is nominee. Each such owner shall provide to the Trust such additional information as the Trust may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the status of any Investee Trust’s qualification as a REIT and to ensure compliance with the Aggregate Share Ownership Limit and the Common Share Ownership Limit.this Article XIV; and
(bii) each Person who is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of record) who is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide to the Trust such information as the Trust may request, in good faith, in order to determine the Trust’s qualification as a REIT and to comply with requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Franklin BSP Real Estate Debt BDC), Agreement and Declaration of Trust (Franklin BSP Real Estate Credit BDC)
Owners Required To Provide Information. From and after the Initial Date:
(a) every owner (through actual ownership, Beneficial Ownership, and Constructive Ownership) of more than five percent (or such lower percentage as required by the Code or the treasury regulations promulgated thereunder) of any series or any class of outstanding Equity Shares shall, within 30 days after the end of each taxable year, give written notice to the Trust stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity Shares Beneficially Owned or Constructively Owned, and a description of the manner in which such shares are held. Each such owner shall provide to the Trust such additional information as the Trust may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the status of any Investee as a REIT and to ensure compliance with the Aggregate Share Ownership Limit, the Common Share Ownership Limit and the Common Preferred Share Ownership Limit.
(b) each Person who is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of record) who is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide to the Trust such information as the Trust may request, in good faith, in order to comply with requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RMR Securities REIT)
Owners Required To Provide Information. From and after the Initial Date and prior to the Restriction Termination Date:
(a) every owner (through actual ownership, Beneficial Ownership, and Constructive Ownership) of more than five percent or more (or such lower percentage as required by the Code or the treasury regulations Treasury Regulations promulgated thereunder) in number or value of any series or any class of the outstanding Equity Shares shallShares, within 30 days after the end of each taxable year, shall give written notice to the Trust NHF stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity Shares Beneficially Owned or Constructively Owned, and a description of the manner in which such shares are held. Each such owner shall provide to the Trust NHF such additional information as the Trust NHF may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the NHF’s status of any Investee as a REIT and to ensure compliance with the Aggregate Share Ownership Limit and the Common Share Ownership Limit.; and
(b) each Person who is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of record) who is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide to the Trust NHF such information as the Trust NHF may request, request in good faith, faith in order to determine NHF’s status as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliancecompliance and to ensure compliance with the Aggregate Share Ownership Limit and the Common Share Ownership Limit.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund)
Owners Required To Provide Information. From and after the Initial Date:
(a) every owner (through actual ownership, Beneficial Ownership, and Constructive Ownership) of more than five percent (or such lower percentage as required by the Code or the treasury regulations promulgated thereunder) of any series or any class of outstanding Equity Shares shall, within 30 days after the end of each taxable year, give written notice to the Trust stating the name and address of such owner, the number of Equity Shares actually owned and the number of Equity Shares Beneficially Owned or Constructively Owned, and a description of the manner in which such shares are held. Each such owner shall provide to the Trust such additional information as the Trust may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the Trust's status of (or on any Investee Initial Portfolio Company's status) as a REIT and to ensure compliance with the Aggregate Share Ownership Limit and the Common Share Ownership Limit.
(b) each Person who is a Beneficial Owner or Constructive Owner of Equity Shares and each Person (including the Shareholder of record) who is holding Equity Shares for a Beneficial Owner or Constructive Owner shall provide to the Trust such information as the Trust may request, in good faith, in order to determine the Trust's status (or any Initial Portfolio Company's status) as a REIT or to comply with requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RMR Real Estate Fund)