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Common use of REIT Distribution Requirements Clause in Contracts

REIT Distribution Requirements. The General Partner shall use commercially reasonable efforts to cause the Partnership to distribute amounts sufficient to enable the General Partner to pay distributions to its stockholders that will allow the General Partner to (i) meet its distribution requirement for qualification as a REIT as set forth in Section 857 of the Code and (ii) avoid any U.S. federal income or excise tax liability imposed by the Code, other than to the extent the General Partner elects to retain and pay income tax on its net capital gain; ; provided, however, the General Partner shall not be bound to comply with this covenant to the extent any distributions required to be made in order to satisfy the REIT Requirements would violate the Act or other applicable law or contravene the terms of any notes, mortgages or other types of debt obligations to which the Partnership may be subject in conjunction with borrowed funds.

Appears in 3 contracts

Samples: Limited Partnership Agreement (American Finance Trust, Inc), Limited Partnership Agreement (Global Net Lease, Inc.), Limited Partnership Agreement (American Realty Capital Trust V, Inc.)

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REIT Distribution Requirements. The Sponsor General Partner shall use its commercially reasonable efforts to cause the Partnership to distribute amounts sufficient to enable the REIT General Partner to pay make shareholder distributions to its stockholders that will allow the REIT General Partner to (i) meet its distribution requirement for qualification as a REIT as set forth in Section 857 of the Code and (ii) avoid any U.S. federal income or excise tax liability imposed by the Code, other than to the extent the REIT General Partner elects to retain and pay income tax on its net capital gain; ; provided, however, the Sponsor General Partner shall not be bound to comply with this covenant to the extent any distributions distribution required to be made in order to satisfy the requirements for qualification as a REIT Requirements under the Code and Regulations would violate the Act or other applicable law or contravene the terms of any notes, mortgages or other types of debt obligations to which the Partnership may be subject in conjunction with borrowed funds.

Appears in 1 contract

Samples: Limited Partnership Agreement (NRI Real Token Inc.)

REIT Distribution Requirements. The General Partner shall use its commercially reasonable efforts to cause the Partnership to distribute amounts sufficient to enable the General Partner to pay make shareholder distributions to its stockholders that will allow the General Partner to (i) meet its distribution requirement for qualification as a REIT as set forth in Section 857 of the Code and (ii) avoid any U.S. federal income or excise tax liability imposed by the Code, other than to the extent the General Partner elects to retain and pay income tax on its net capital gain; ; provided, however, the General Partner shall not be bound to comply with this covenant to the extent any distributions distribution required to be made in order to satisfy the requirements for qualification as a REIT Requirements under the Code and Regulations would violate the Act or other applicable law or contravene the terms of any notes, mortgages or other types of debt obligations to which the Partnership may be subject in conjunction with borrowed funds.

Appears in 1 contract

Samples: Limited Partnership Agreement (NRI Real Estate Investment & Technology, Inc.)

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REIT Distribution Requirements. The General Partner shall use commercially its reasonable best efforts to cause the Partnership to distribute amounts sufficient to enable the General Partner to pay distributions to its stockholders that will allow the General Partner to (i) meet its distribution requirement for qualification as a REIT as set forth in Section 857 of the Code and (ii) avoid any U.S. federal income or excise tax liability imposed by the Code, other than to the extent the General Partner elects to retain and pay income tax on its net capital gain; ; provided, however, the General Partner shall not be bound to comply with this covenant to the extent any distributions required to be made in order to satisfy the REIT Requirements would violate the Act or other applicable law or contravene the terms of any notes, mortgages or other types of debt obligations to which the Partnership may be subject in conjunction with borrowed funds.

Appears in 1 contract

Samples: Limited Partnership Agreement (New York City REIT, Inc.)

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