Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date: (a) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunder) of the Outstanding Shares (in value or in number of shares, whichever is more restrictive) , within 30 days after the end of each taxable year, shall give written notice to the Company stating the name and address of such owner, the number of Shares of each class and series Beneficially Owned and a description of the manner in which such Shares are held. Each such owner shall promptly provide to the Company in writing such additional information as the Company may request in order to determine the effect, if any, of such Beneficial Ownership on the Company’s qualification as a REIT and to ensure compliance with the Ownership Limits; and (b) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member of record) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing such information as the Company may request, in good faith, in order to determine the Company’s qualification as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 5 contracts
Samples: Operating Agreement (REITless Impact Opportunity Zone Strategies LLC), Operating Agreement (REITless Impact Opportunity Zone Strategies LLC), Operating Agreement (REITless Impact Opportunity Zone Strategies LLC)
Owners Required To Provide Information. From the Initial Date of a Series and prior to the Restriction Termination DateDate of such Series:
(a) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunder) of the Outstanding outstanding Shares (in value or in number of shares, whichever is more restrictive) such Series, within 30 days after the end of each taxable year, shall give written notice to the Company stating the name and address of such owner, the number of Shares of each class and series of such Series Beneficially Owned and a description of the manner in which such Shares are held. Each such owner shall promptly provide to the Company in writing such additional information as the Company may request in order to determine the effect, if any, of such Beneficial Ownership on the Company’s Series’ qualification as a REIT and to ensure compliance with the Common Share Ownership LimitsLimit and the Aggregate Ownership Limit; and
(b) each Person who is a Beneficial Owner or Constructive Owner of Shares of such Series and each Person (including the Member of record) who is holding Shares of such Series for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing such information as the Company may request, in good faith, in order to determine the Company’s Series’ qualification as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (ETRE Residential, LLC), Limited Liability Company Agreement (Etre Reit, LLC), Limited Liability Company Agreement (Etre Reit, LLC)
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(ai) every owner of five percent (5%) or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunderRegulations) of the Outstanding Shares (in value or in number of shares, whichever is more restrictive) Shares, within 30 thirty (30) days after the end of each taxable year, shall give written notice to the Company stating the name and address of such owner, the number of Shares shares of each class and series of Shares Beneficially Owned and a description of the manner in which such Shares shares are held. Each such owner shall provide promptly provide to the Company in writing such additional information as the Company may request in order to determine the effect, if any, of such Beneficial Ownership on the Company’s qualification as a REIT and to ensure compliance with the Common Share Ownership LimitsLimit, the Preferred Share Ownership Limit and the Applicable Amount; and
(bii) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member of recordRecord Holder) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing such information as the Company may request, in good faith, in order to determine the Company’s qualification and taxation as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC)
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(a) every owner of five percent (5%) or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations Regulations promulgated thereunder) in number or value of the Outstanding Shares (in value or in number outstanding shares of shares, whichever is more restrictive) Capital Stock, within 30 thirty (30) days after the end of each taxable year, shall give written notice to the Company Corporation stating (i) the name and address of such owner, (ii) the number of Shares shares of each class and series Capital Stock Beneficially Owned and (iii) a description of the manner in which such Shares shares are held. Each such owner shall promptly provide to the Company in writing Corporation such additional information as the Company Corporation may request in order to determine the effect, if any, of such Beneficial Ownership on the CompanyCorporation’s qualification status as a REIT and to ensure compliance with the Aggregate Stock Ownership LimitsLimit and the Common Stock Ownership Limit; and
(b) each Person who is a Beneficial Owner or Constructive Owner of Shares Capital Stock and each Person (including the Member stockholder of record) who is holding Shares Capital Stock for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing Corporation such information as the Company Corporation may request, in good faith, in order to determine the CompanyCorporation’s qualification 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 Stock Ownership Limit and the Common Stock Ownership Limit.
Appears in 3 contracts
Samples: Master Combination Agreement (NorthStar Real Estate Income II, Inc.), Master Combination Agreement (Colony NorthStar, Inc.), Master Combination Agreement (NorthStar Real Estate Income II, Inc.)
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(a) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations Regulations promulgated thereunder) in number or value of the Outstanding Shares (in value or in number of shares, whichever is more restrictive) outstanding Shares, within 30 days after the end of each taxable year, shall give written notice to the Company NXDT stating the name and address of such owner, the number of Shares of each class and series Beneficially Owned and a description of the manner in which such Shares shares are held. Each such owner shall promptly provide to the Company in writing NXDT such additional information as the Company NXDT may request in order to determine the effect, if any, of such Beneficial Ownership on the CompanyNXDT’s qualification status as a REIT and to ensure compliance with the Aggregate Share Ownership LimitsLimit and the Common Share Ownership Limit and the other restrictions set forth herein; and
(b) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member Shareholder of record) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing NXDT such information as the Company NXDT may request, request in good faith, faith in order to determine the CompanyNXDT’s qualification status as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust), Trust Agreement
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(aA) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunder) in number or value of the Outstanding Shares (in value or in number outstanding shares of shares, whichever is more restrictive) Capital Stock, within 30 days after the end of each taxable year, shall give written notice to the Company Corporation stating the name and address of such owner, the number of Shares shares of each class and series of Capital Stock Beneficially Owned or Constructively Owned and a description of the manner in which such Shares shares are held. Each such owner shall promptly provide to the Company in writing Corporation such additional information as the Company Corporation may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the CompanyCorporation’s qualification status as a REIT and to ensure compliance with the Aggregate Stock Ownership LimitsLimit and the Common Stock Ownership Limit; and
(bB) each Person who is a Beneficial Owner or Constructive Owner of Shares Capital Stock and each Person (including the Member stockholder of record) who is holding Shares Capital Stock for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing Corporation such information as the Company Corporation may request, in good faith, request in order to determine the CompanyCorporation’s qualification 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 Stock Ownership Limit and the Common Stock Ownership Limit.
Appears in 1 contract
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(a) every owner of more than five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations Regulations promulgated thereunder) of the Outstanding Shares (in value or in number of shares, whichever is more restrictive) outstanding Shares, within 30 days after the end of each taxable year, shall give written notice to the Company Corporation stating the name and address of such owner, the number of Shares of each class and series Beneficially Owned and a description of the manner in which such Shares are held. Each such owner shall promptly provide to the Company in writing Corporation such additional information as the Company Corporation may request in order to determine the effect, if any, of such Beneficial Ownership on the CompanyCorporation’s qualification status as a REIT and to ensure compliance with the Aggregate Share Ownership LimitsLimit, the Common Share Ownership Limit and the other restrictions set forth herein; and
(b) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member stockholder of record) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing Corporation such information as the Company Corporation may request, in good faith, in order to determine the CompanyCorporation’s qualification status as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 1 contract
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(ai) every owner of more than five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations Regulations promulgated thereunder) in number or value of the Outstanding Shares (in value or in number outstanding shares of shares, whichever is more restrictive) Capital Stock, within 30 days after the end of each taxable year, shall give written notice to the Company Corporation stating the name and address of such owner, the number of Shares shares of each class Capital Stock held by such owner and series other shares of the Capital Stock Beneficially Owned or Constructively Owned by such owner and a description of the manner in which such Shares shares are held. Each such owner shall promptly provide to the Company in writing Corporation such additional information as the Company Corporation may request in order to determine the effect, if any, of such Beneficial Ownership or Constructive Ownership on the CompanyCorporation’s qualification as a REIT and to ensure compliance with the Stock Ownership LimitsLimit; and
(bii) each Person who is a Beneficial Owner or Constructive Owner of Shares Capital Stock and each Person (including the Member shareholder of record) who is holding Shares Capital Stock for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing Corporation such information as the Company Corporation may request, in good faith, in order to determine the CompanyCorporation’s qualification 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 Stock Ownership Limit.
Appears in 1 contract
Owners Required To Provide Information. From the Initial Date and prior to the Restriction Termination Date:
(a) every owner of five percent or more (or such lower percentage as required by the Code or the U.S. Treasury Department regulations promulgated thereunder) of the Outstanding Shares (in value or in number of shares, whichever is more restrictive) , within 30 days after the end of each taxable year, shall give written notice to the Company stating the name and address of such owner, the number of Shares of each class and series Beneficially Owned and a description of the manner in which such Shares are held. Each such owner shall promptly provide to the Company in writing such additional information as the Company may request in order to determine the effect, if any, of such Beneficial Ownership on the Company’s qualification as a REIT and to ensure compliance with the Ownership Limits; Limits; and
(b) each Person who is a Beneficial Owner or Constructive Owner of Shares and each Person (including the Member of record) who is holding Shares for a Beneficial Owner or Constructive Owner shall promptly provide to the Company in writing such information as the Company may request, in good faith, in order to determine the Company’s qualification as a REIT and to comply with the requirements of any taxing authority or governmental authority or to determine such compliance.
Appears in 1 contract
Samples: Operating Agreement