Common use of Qualification and Taxation as a REIT Clause in Contracts

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 7 contracts

Samples: Underwriting Agreement (National Storage Affiliates Trust), Underwriting Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)

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Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162011, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 6 contracts

Samples: Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements qualify for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162016 and thereafter, and unless the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 6 contracts

Samples: Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162014, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 5 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Paramount Group, Inc.), Underwriting Agreement (Parkway Properties Inc)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162014 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 5 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 5 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162024, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162011, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements qualify for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162014 and thereafter, and unless the board of directors of the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 4 contracts

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162013, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Empire State Realty Trust, Inc.), Underwriting Agreement (Colony American Homes, Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Physicians Realty L.P.), Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty L.P.)

Qualification and Taxation as a REIT. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162011, and the Company will use its best commercially reasonable efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162013 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending ended December 31, 20162009, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162010, and the Company will use its best commercially reasonable efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, 2020 and the Company thereafter will use its best efforts to continue to qualify for taxation as a REIT under the Code Code, unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedqualify as REIT.

Appears in 3 contracts

Samples: Open Market Sale Agreement (Postal Realty Trust, Inc.), Underwriting Agreement (Postal Realty Trust, Inc.), Underwriting Agreement (Postal Realty Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162018, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162014, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162010, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (American Assets Trust, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162013, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Atm Equity Offering Sales Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement, Purchase Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Arbor Realty Trust Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Ready Capital Corp), Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162024, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements to qualify, for qualification and the taxable year ending December 31, 2020, for taxation as a REIT under the Code for its taxable year ending December 31, 2016Code, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code thereafter, unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to so qualify or to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Retail Properties of America, Inc.), Underwriting Agreement (Retail Properties of America, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162009, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Purchase Agreement (Colony Financial, Inc.), Purchase Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Farmland Partners Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162011, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board its Board of trustees Directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162011, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Purchase Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for all subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162015, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests interest of the Company and its shareholders to be so qualifiedattempt to, or continue to, qualify as a REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Angel Oak Mortgage, Inc.), Underwriting Agreement (Angel Oak Mortgage, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2021, and thereafter, and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162015, and the Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its short taxable year ending December 31, 20162014, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, 2021 and the Company thereafter will use its best efforts to continue to qualify for taxation as a REIT under the Code Code, unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedqualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Postal Realty Trust, Inc.), Underwriting Agreement (Postal Realty Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable tax year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Ashford Hospitality Prime, Inc.), Underwriting Agreement (Ashford Hospitality Prime, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Reven Housing REIT, Inc.), Underwriting Agreement (Innovative Industrial Properties Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable tax year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162014, and the Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162015, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Farmland Partners Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, 2023 and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code thereafter unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders for the Company to be so qualifiedqualify for taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Underwriting Agreement (BrightSpire Capital, Inc.), Underwriting Agreement (DigitalBridge Group, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable tax year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162020, and the Company will use its best commercially reasonable efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (AFC Gamma, Inc.), Underwriting Agreement (AFC Gamma, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162013, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019 and for its subsequent taxable years unless, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until in each case, the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements qualify for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162015 and thereafter, and unless the board of directors of the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2024, and thereafter, and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (CTO Realty Growth, Inc.), Equity Distribution Agreement (CTO Realty Growth, Inc.)

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Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162013, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162009, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Physicians Realty L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT “real estate investment trust” (a “REIT”) under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its subsequent taxable years unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Equity Distribution Agreement (Capstead Mortgage Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162024, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for all subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Capstead Mortgage Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162009, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its short taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Priam Properties Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162018, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162015, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162009, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162020, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162010, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending ended December 31, 20162009 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable tax year ending December 31, 20162018, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements qualify for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162018 and thereafter, and unless the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements qualify for qualification and taxation as a REIT under the Code for its short taxable year ending December 31, 20162019, and the Company thereafter will use its best efforts to continue to qualify for taxation as a REIT under the Code Code, unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedqualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Postal Realty Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Sales Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable tax year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017 and for its subsequent taxable years unless, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until in each case, the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests interest of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162013, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in future years unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to so qualify or to continue to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Lodging Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162010, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will use its best efforts not to take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Purchase Agreement (DLC Realty Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements to qualify, for qualification and the taxable year ending December 31, 2015, for taxation as a REIT under the Code for its taxable year ending December 31, 2016Code, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code thereafter, unless and until the Company’s board Board of trustees Directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to so qualify or to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Retail Properties of America, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162014, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements qualify for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162017 and thereafter, and unless the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees Board determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedcontinue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, 2021 and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code thereafter unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders for the Company to be so qualifiedqualify for taxation as a REIT under the Code.

Appears in 1 contract

Samples: Underwriting Agreement (BrightSpire Capital, Inc.)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162022, and thereafter, unless the board of directors of the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualifiedmaintain the Company's qualification as a REIT under the Code.

Appears in 1 contract

Samples: Underwriting Agreement (Ready Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162015 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Colony Capital, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162020, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162011, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (American Assets Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Company’s board Board of trustees Directors of the Company determines in good faith that it is no longer in the best interests of the Company and its shareholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20162021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless and until the Company’s board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Chicago Atlantic Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2018, and for its subsequent taxable years unless and until the Company’s 's board of trustees directors determines in good faith that it is no longer in the best interests of the Company and its shareholders stockholders to be so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

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