Common use of Passive Foreign Investment Company Clause in Contracts

Passive Foreign Investment Company. Each of the Trust and the Company was not a “passive foreign investment company” as defined in Section 1297 of the Internal Revenue Code of 1986, as amended (a “PFIC”), for its taxable year ended December 31, 2018, and neither the Trust nor the Company expects to be a PFIC for its taxable year ended December 31, 2019 or for future taxable years during the term of the Securities;

Passive Foreign Investment Company. Each of For the most recently ended taxable year, the Trust and the Company was not a “passive foreign investment company” as defined in company (“PFIC”) within the meaning of Section 1297 of the United States Internal Revenue Code of 1986, as amended (a “PFIC”), for its taxable year ended December 31, 2018, and neither amended; the Trust nor reasonably believes it is not likely to become a PFIC in subsequent taxable years; and the Company expects to be Trust has not received any communication from the United States Internal Revenue Service asserting that the Trust was a PFIC for its the most recently ended taxable year ended December 31, 2019 or for future taxable years during the term of the Securities;year.

Passive Foreign Investment Company. Each of the Trust and the Company was not a “passive foreign investment company” as defined in Section 1297 of the Internal Revenue Code of 1986, as amended (a “PFIC”), for its taxable year ended December 31, 20182021, and neither the Trust nor the Company expects to be a PFIC for its taxable year ended December 31, 2019 2022 or for future taxable years during the term of the Securities;

Passive Foreign Investment Company. Each of the Trust and the Company was not a “passive foreign investment company” as defined in Section 1297 of the Internal Revenue Code of 1986, as amended (a “PFIC”), for its taxable year ended December 31, 20182015, and neither the Trust nor the Company expects to be a PFIC for its taxable year ended December 31, 2019 2016 or for future taxable years during the term of the Securities;

Passive Foreign Investment Company. Each of the Trust and the Company was not a “passive foreign investment company” as defined in Section 1297 of the Internal Revenue Code of 1986, as amended (a “PFIC”), for its taxable year ended December 31, 20182014, and neither the Trust nor the Company expects to be a PFIC for its taxable year ended December 31, 2019 2015 or for future taxable years during the term of the Securities;

Passive Foreign Investment Company. Each of the Trust and the Company was not a “passive foreign investment company” as defined in Section 1297 of the Internal Revenue Code of 1986, as amended (a “PFIC”), for its taxable year ended December 31, 20182016, and neither the Trust nor the Company expects to be a PFIC for its taxable year ended December 31, 2019 2017 or for future taxable years during the term of the Securities;