Common use of Public Company Costs Clause in Contracts

Public Company Costs. (viii) for so long as the Borrower (or its applicable parent entity) is pursuing a REIT Election in good faith and the REIT Conversion Transaction Requirement is satisfied giving effect to such Restricted Payments, make dividends and distributions, whether in cash or in kind, to its shareholders in the amount required (as determined in good faith by the Borrower or applicable parent entity) in order to qualify the Borrower (or the applicable parent entity) as a REIT and effect the distribution of the Borrower’s (or the applicable parent entity’s) earnings and profits in connection with or in anticipation of the Borrower’s (or the applicable parent entity’s) REIT Election, including, for the avoidance of doubt, cash dividends or distributions to satisfy the requirements of Section 857(a)(2)(B) of the Code, or any successor provision, and any subsequent “true-up” payments to correct for recalculation of the appropriate amount; and