PENSION-HELD REIT. For purposes of Section 856(h)(3) of the Code, Seller hereby represents that at any time during the shorter of (i) the two-year period ending immediately prior to the First Closing Date or (ii) the period during which Seller was in existence, to the best of Seller's knowledge, no "qualified trust" has held, directly or indirectly, more than 10% of the interests in Seller.
Appears in 4 contracts
Samples: Common Share Purchase Agreement (American Industrial Properties Reit Inc), Common Share Purchase Agreement (American Industrial Properties Reit Inc), Common Share Purchase Agreement (American Industrial Properties Reit Inc)
PENSION-HELD REIT. For purposes of Section 856(h)(3) of the Code, ----------------- Seller hereby represents that at any time during the shorter of (i) the two-two- year period ending immediately prior to the First Closing Date or (ii) the period during which Seller was in existence, to the best of Seller's knowledge, no "qualified trust" has held, directly or indirectly, more than 10% of the interests in Seller.
Appears in 1 contract
Samples: Common Share Purchase Agreement (Morgan Stanley Dean Witter Discover & Co)
PENSION-HELD REIT. For purposes of Section 856(h)(3) of the Code, Seller hereby represents that at any time during the shorter of (i) the two-year period ending immediately prior to the First Closing Date or (ii) the period during which Seller was in existence, to the best of Seller's knowledge, no "qualified trust" has held, directly or indirectly, more than 10% (by value) of the interests in Seller, nor to Seller's knowledge is there any valid reason for Seller to believe otherwise.
Appears in 1 contract
Samples: Common Share Purchase Agreement (American Industrial Properties Reit Inc)
