Common use of Presumption as to Schedule 3 Clause in Contracts

Presumption as to Schedule 3. 7. The form of the Guarantee Agreement attached hereto as Schedule 3.7 shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 8 contracts

Samples: Tax Protection Agreement (US Federal Properties Trust Inc.), Contribution Agreement (US Federal Properties Trust Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)

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Presumption as to Schedule 3. 79. The A guarantee in the form of the Guarantee Agreement attached hereto as Schedule 3.7 3.9 that is (A) properly executed by the Partner Guarantor and the lender and (B) delivered to the lender shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i3.3(i) and 3.3(iii) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Protected Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § Section 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 5 contracts

Samples: Tax Protection Agreement (Empire State Realty Trust, Inc.), Tax Protection Agreement (Empire State Realty OP, L.P.), Tax Protection Agreement (Empire State Realty OP, L.P.)

Presumption as to Schedule 3. 7. The form of the Guarantee Agreement attached hereto as Schedule 3.7 shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) 3.2 and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 3 contracts

Samples: Tax Protection Agreement (Campus Crest Communities, Inc.), Tax Protection Agreement (Campus Crest Communities, Inc.), Tax Protection Agreement (Campus Crest Communities, Inc.)

Presumption as to Schedule 3. 7. The form of the Guarantee Agreement attached hereto as Schedule 3.7 shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i3.2(a) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 3 contracts

Samples: Tax Protection Agreement (Gc Net Lease Reit, Inc.), Tax Protection Agreement (Gc Net Lease Reit, Inc.), Tax Protection Agreement (Gc Net Lease Reit, Inc.)

Presumption as to Schedule 3. 7. The A guarantee in the form of the Guarantee Agreement attached hereto as Schedule 3.7 that is (A) properly executed by the Partner Guarantor and the lender and (B) delivered to the lender shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 2 contracts

Samples: Tax Protection Agreement (QTS Realty Trust, Inc.), Tax Protection Agreement (QTS Realty Trust, Inc.)

Presumption as to Schedule 3. 7. The A guarantee in the form of the Guarantee Agreement attached hereto as Schedule 3.7 that is (A) properly executed by the Partner Guarantor and (B) delivered to the lender shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i3.3(i) and 3.3(iii) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Protected Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § Regulations Section 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 2 contracts

Samples: Tax Protection Agreement (Farmland Partners Inc.), Tax Protection Agreement (Farmland Partners Inc.)

Presumption as to Schedule 3. 7. The form of the Guarantee Agreement attached hereto as Schedule 3.7 shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) 3.3 and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 1 contract

Samples: Tax Protection Agreement (Campus Crest Communities, Inc.)

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Presumption as to Schedule 3. 78. The A guarantee in the form of the Guarantee Agreement attached hereto as Schedule 3.7 3.8 that is (A) properly executed by the Partner Guarantor and the lender and (B) delivered to the lender shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) and 3.2 (iii) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Protected Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § Section 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 1 contract

Samples: Form of Tax Protection Agreement (DLC Realty Trust, Inc.)

Presumption as to Schedule 3. 7. The form of the Guarantee Agreement attached hereto as Schedule 3.7 shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) and to have caused the Guaranteed Debt to be considered allocable to the Partner Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § §1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 1 contract

Samples: Tax Protection Agreement (GTJ REIT, Inc.)

Presumption as to Schedule 3. 78. The A guarantee in the form of the Guarantee Agreement attached hereto as Schedule 3.7 3.8 that is (A) properly executed by the Partner Guarantor and the lender and (B) delivered to the lender shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i) and 3.2(iii) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Protected Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § Section 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect such Guaranteed Debt:

Appears in 1 contract

Samples: Form of Tax Protection Agreement (DLC Realty Trust, Inc.)

Presumption as to Schedule 3. 7. The form of the Guarantee Agreement attached hereto as Schedule 3.7 shall be conclusively presumed to satisfy the conditions set forth in Section 3.2(i3.2(a) and to have caused the Guaranteed Debt to be considered allocable to the Guarantor Partner who enters into such Guarantee Agreement pursuant to Treasury Regulation § 1.752-2 and Section 465 of the Code so long as all of the following conditions are met with respect to such Guaranteed Debt:

Appears in 1 contract

Samples: Tax Protection Agreement (Gc Net Lease Reit, Inc.)

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