REIT Matters. The Company shall take all actions, and refrain from taking all actions, as are necessary to ensure that the Company (i) will qualify for taxation as a REIT for U.S. federal income tax purposes for its current taxable year and any other taxable year that includes the Closing Date, and (ii) will not become liable for U.S. federal income Tax under Section 857(b) or 4981 of the Code. During the Interim Period, the Company shall accommodate all reasonable requests of Parent with respect to maintenance of the Company’s REIT status, including for the Company’s 2015 taxable year and, if applicable, 2016 taxable year.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Extra Space Storage Inc.), Agreement and Plan of Merger (SmartStop Self Storage, Inc.)
REIT Matters. The Company shall take all actions, and refrain from taking all actions, as are necessary to ensure that the Company (i) will qualify for taxation as a REIT for U.S. federal income tax purposes for its current taxable year and any other taxable year that includes the Closing Date, and (ii) will not become liable for U.S. federal income Tax under Section 857(b) or 4981 of the Code. During the Interim Period, the Company shall accommodate all reasonable requests of Parent with respect to maintenance of the Company’s REIT status, including status for the Company’s 2015 taxable year and, if applicable, 2016 taxable year.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BioMed Realty L P), Agreement and Plan of Merger (Excel Trust, L.P.)
