Common use of Prohibited Owner Clause in Contracts

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer Event, any Person who, but for the provisions of Section 6.1.1 hereof, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Shares, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereofthis Article VII, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock in violation of Section 7.2.1, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer Event, any Person who, but for the provisions of Section 6.1.1 11.7 hereof, would Beneficially Own or Constructively Own Units in excess of the Unit Ownership Limit, or would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own ) Units causing or Constructively Own Sharesincreasing a violation of Section 11.7 hereof, and in either case if appropriate in the context, shall also mean any Person who would have been the record or actual owner of Shares the Units that the Prohibited Owner would have so owned.

Prohibited Owner. The term “"Prohibited Owner” " shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereof2.1 of this Article V, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own SharesEquity Shares in violation of the limits of such Section 2.1, and if appropriate in the context, shall also mean any Person who would have been the record owner of Equity Shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereofsubparagraph (b)(1) of this Article NINTH, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereof6.2.1, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer (or Non-Transfer Eventother event), any Person who, but for the provisions of Section 6.1.1 hereofthis Article XII, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own SharesShares in violation of Section 12.2.1, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer (or Non-Transfer Event), any Person who, but for the provisions of Section 6.1.1 hereof4.2(a), would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock in violation of the provisions of 4.2(a)(i) and, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares of Capital Stock that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereof2.1 of this Article V, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own SharesEquity Shares in violation of the limits of such Section 2.1, and if appropriate in the context, shall also mean any Person who would have been the record owner of Equity Shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereof7.2.1, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “"Prohibited Owner” " shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereofsubparagraph (b)(1) of this Article NINTH, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock, and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereofthis Article IV, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own Sharesshares of Capital Stock in violation of Section 2(1), and if appropriate in the context, shall also mean any Person who would have been the record owner of Shares the shares of Capital Stock that the Prohibited Owner would have so owned.

Prohibited Owner. The term “Prohibited Owner” shall mean, with respect to any purported Transfer or Non-Transfer EventTransfer, any Person who, but for the provisions of Section 6.1.1 hereofArticle VI herein, would beneficially own (determined under the principles of Section 856(a)(5) of the Code), Beneficially Own or Constructively Own SharesShares in violation of Section 6.1.1, and and, if appropriate in the context, shall also mean any Person who would have been the record owner of Shares that the Prohibited Owner would have so owned.