Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay dividends to the Stockholders that will enable the General Partner to (a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“REIT Requirements”), and (b) avoid any federal income or excise tax liability; provided, however, the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 40 contracts
Samples: Limited Partnership Agreement (ARC Realty Finance Trust, Inc.), Limited Partnership Agreement (Independence Realty Trust, Inc), Limited Partnership Agreement (ARC Realty Finance Trust, Inc.)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay stockholder dividends to the Stockholders that will enable the General Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“"REIT Requirements”"), and
(b) avoid any federal income or excise tax liability; provided, however, the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 3 contracts
Samples: Agreement of Limited Partnership (Tower Realty Trust Inc), Limited Partnership Agreement (Orion Multifamily Investment Fund Inc), Agreement of Limited Partnership (Tower Realty Trust Inc)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay dividends to the Stockholders that will enable the General Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“REIT Requirements”), and
(b) avoid any federal income or excise tax liability; provided, however, the General Partner shall not be bound to comply with this covenant to the extent such distributions would;
Appears in 2 contracts
Samples: Agreement of Limited Partnership (Independence Realty Trust, Inc), Limited Partnership Agreement (American Realty Capital Hospitality Trust, Inc.)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay dividends to the Stockholders that will enable the General Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“REIT Requirements”), and
(b) avoid any federal income or excise tax liability; provided, however, the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 2 contracts
Samples: Limited Partnership Agreement (American Realty Capital New York City REIT II, Inc.), Limited Partnership Agreement (American Realty Capital Global Trust II, Inc.)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Initial Limited Partner to pay dividends to the Stockholders that will enable the General Initial Limited Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“REIT Requirements”), and
(b) avoid any federal income or excise tax liability; provided, however, the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 2 contracts
Samples: Limited Partnership Agreement (Phillips Edison Grocery Center Reit I, Inc.), Limited Partnership Agreement (Phillips Edison Grocery Center Reit Ii, Inc.)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay stockholder dividends to the Stockholders that will enable the General Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“"REIT Requirements”"), and
(b) avoid any federal income or excise tax liability; providedPROVIDED, howeverHOWEVER, the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 1 contract
Samples: Agreement of Limited Partnership (American Spectrum Realty Inc)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay dividends to the Stockholders that will enable the General Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (““ REIT RequirementsRequirements ”), and
(b) avoid any federal income or excise tax liability; providedprovided , howeverhowever , the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 1 contract
Samples: Limited Partnership Agreement (Carter Validus Mission Critical REIT, Inc.)
Qualification as a REIT. The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay dividends to the Stockholders that will enable the General Partner to
(a) satisfy the requirements for qualification as a REIT under the Code and Regulations (“REIT Requirements”), and
(b) avoid any federal income or excise tax liability; provided, however, that the General Partner shall not be bound to comply with this covenant to the extent such distributions would
Appears in 1 contract
Samples: Securities Purchase Agreement (American Realty Capital Hospitality Trust, Inc.)
