REIT Election. The Company made a timely election to be subject to tax as a real estate investment trust ("REIT") pursuant to Sections 856 through 860 of the Code for its taxable year ended December 31, 2009 and has not and will not revoke such election with respect to any taxable year through its taxable year ended December 31, 2019. Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company's actual and proposed method of operation as set forth in the Registration Statement and the Prospectus does and will enable it to meet the requirements for qualification and taxation as a REIT under the Code. All statements regarding the Company's qualification and taxation as a REIT and descriptions of the Company's organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.
REIT Election. The Company will make a timely election to be subject to tax as a real estate investment trust (“REIT”) pursuant to Sections 856 through 860 of the Code for its taxable years ended December 31, 2013 upon the filing of its federal income tax return for such year. The Company has been organized and operating in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company’s current and proposed method of operation as set forth in the Registration Statement and the Prospectus will enable it to meet the requirements for qualification and taxation as a REIT under the Code.
REIT Election. The Company will properly and timely elect to be taxed as a real estate investment trust (a "REIT") under the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the "Code") commencing with the taxable year ending December 31, 2005 and the Company will be organized and operated in conformity with the requirements for qualification as a REIT under the Code and the proposed method of operation of the Company and its subsidiaries will enable the Company to meet the requirements for qualification and taxation as a REIT under the Code; the Operating Partnership is treated as a partnership for U.S. federal income tax purposes and not as a corporation or association taxable as a corporation; and the Company intends to continue to qualify as a REIT under the Code for all subsequent years, and the Company does not know of any event that could reasonably be expected to cause the Company to fail to qualify as a REIT under the Code at any time.
REIT Election. The Parent shall make a timely election to qualify as a real estate investment trust within the meaning of Section 856 of the Code (a “REIT”) in connection with the filing of its initial Tax Return and the Surviving Company and Parent, if requested by Parent, shall make an election to treat the Surviving Company as a taxable REIT subsidiary within the meaning of Section 856(l) of the Code, effective as of the Closing Date.
REIT Election. The Parent (a) has made an election pursuant to Section 856 of the Code to qualify as a REIT, (b) has satisfied and continues to satisfy all of the requirements under §§ 856-859 of the Code and the regulations and rulings issued thereunder which must be satisfied for the Parent to maintain its status as a REIT, and (c) is in compliance in all material respects with all Code sections applicable to REITs generally and the regulations and rulings issued thereunder.
REIT Election. The Trust shall not have revoked its prior election pursuant to Section 856(c)(1) of the Code to be taxed as a REIT, and shall be in compliance with all applicable federal income tax laws, rules and regulations, including the Code, necessary to permit it to be taxed as a REIT. The Trust shall not have taken any action or have failed to take any action which would reasonably be expected to, alone or in conjunction with any other factors, result in the loss of its status as a REIT for federal income tax purposes.
REIT Election. After the Closing, the Company agrees to take all action necessary to qualify as a REIT and to make an election to be taxed as a REIT in the tax year ending December 31, 1998.
REIT Election. The Company will be organized in conformity with the requirements for qualification as a real estate investment trust ("REIT") under the Code and its proposed method of operation, as described in the Offering Memorandum, will enable it to meet the requirements for taxation as a REIT under the Code, commencing with the Company's taxable year ending December 31, 1998. The formation of the BCP Sister Corp. the issuance of its capital stock to the shareholders of the Company and the partners of the Operating Partnership and any contractual arrangements between the Company and the BCP Sister Corp. will not preclude the Company from complying with the REIT requirements of the Code. The formation of the BCP Affiliate and the Operating Partnership's issuance of its Units to the BCP Affiliate will not preclude the Company from complying with the REIT requirements of the Code.
REIT Election. If Sellers give Purchaser notice on or before the Closing Date to such effect, Purchaser shall cause WPI to elect real estate investment trust status, in accordance with Section 856 of the Code, for the tax year commencing January 1, 1996; PROVIDED, HOWEVER, that Purchaser shall not be required to take such action unless Sellers' notice is accompanied by an opinion of nationally recognized counsel in customary form to the effect that WPI is eligible to elect real estate investment trust status.
REIT Election. Upon the occurrence of the REIT Election by the REIT, the Borrower and/or the REIT shall deliver evidence to Agent of such REIT Election, together with any and all documents reasonably requested by the Agent.
