REIT Opinion. REIT I shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLP, or other counsel to REIT II reasonably satisfactory to REIT I, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT I, to the effect that, commencing with REIT II's taxable year ended on December 31, 2016, REIT II has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II to meet, through the Merger Effective Time, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's certificate executed by REIT II.
Appears in 2 contracts
Samples: Merger Agreement (MVP REIT, Inc.), Merger Agreement (MVP REIT II, Inc.)
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLP, or other counsel to REIT II I reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT III's taxable year that ended on December 31, 20162013, REIT II I has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II I to meet, through the Merger Effective Time, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's certificate executed by REIT II.I.
Appears in 2 contracts
Samples: Merger Agreement (MVP REIT, Inc.), Merger Agreement (MVP REIT II, Inc.)
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx Axxxxx & Xxxxxxxx Bird LLP, or other counsel to REIT II I reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT II's I’s taxable year that ended on December 31, 20162011, REIT II I has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II I to meet, through the REIT Merger Effective Time, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT III and the REIT I Operating Partnership.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Moody National REIT II, Inc.), Merger Agreement (Moody National REIT I, Inc.)
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx Miles & Xxxxxxxx LLP, Stockbridge P.C. or other counsel to REIT II III reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT II's III’s taxable year that ended on December 31, 20162017, REIT II III has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II III to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT IIIII and REIT III Operating Partnership.
Appears in 2 contracts
Samples: Merger Agreement (Resource Apartment REIT III, Inc.), Merger Agreement (Resource Real Estate Opportunity REIT II, Inc.)
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxx Scarborough LLP, or other counsel to REIT II I reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT II's I’s taxable year that ended on December 31, 20162010, REIT II I has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II I to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT III and REIT I Operating Partnership.
Appears in 2 contracts
Samples: Merger Agreement (Griffin Capital Essential Asset REIT, Inc.), Merger Agreement (Griffin Capital Essential Asset REIT II, Inc.)
REIT Opinion. REIT I shall have received a written opinion of Xxxxxxxx Xxxxxx, Xxxxxxx & Xxxxxxxx Xxxxxx, LLP, or other counsel to REIT II reasonably satisfactory to REIT I, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT I, to the effect that, commencing with REIT II's ’s taxable year that ended on December 31, 20162014, REIT II has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual proposed method of operation has enabled will enable REIT II to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT IIII and REIT II Operating Partnership.
Appears in 1 contract
Samples: Merger Agreement (Carter Validus Mission Critical REIT II, Inc.)
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx Xxxxxx, Xxxxxxx & Xxxxxxxx Xxxxxx, LLP, or other counsel to REIT II I reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT II's I’s taxable year that ended on December 31, 20162010, REIT II I has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II I to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT III and REIT I Operating Partnership.
Appears in 1 contract
Samples: Merger Agreement (Resource Real Estate Opportunity REIT II, Inc.)
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLPDLA Piper, or other counsel to REIT II I reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT II's I’s taxable year that ended on December 31, 20162011, REIT II I has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II I to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT III and REIT I Operating Partnership.
Appears in 1 contract
Samples: Merger Agreement (Carter Validus Mission Critical REIT II, Inc.)
REIT Opinion. REIT I shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLP, or other counsel to REIT II reasonably satisfactory to REIT I, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT I, to the effect that, commencing with REIT II's ’s taxable year that ended on December 31, 20162015, REIT II has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual current and proposed method of operation has enabled will enable REIT II to meet, through the Merger Effective Time, continue to meet the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT IIII and REIT II Operating Partnership.
Appears in 1 contract
REIT Opinion. REIT I II shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLP, or other counsel to REIT II I reasonably satisfactory to REIT III, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT III, to the effect that, commencing with REIT II's I’s taxable year that ended on December 31, 20162011, REIT II I has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II I to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT III and REIT I Operating Partnership.
Appears in 1 contract
REIT Opinion. REIT I shall have received a written opinion of Xxxxxxxx & Xxxxxxxx LLPDLA Piper LLP (US), or other counsel to REIT II reasonably satisfactory to REIT I, dated as of the Closing Date and in form and substance reasonably satisfactory to REIT I, to the effect that, commencing with REIT II's ’s taxable year that ended on December 31, 20162014, REIT II has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code and its actual method of operation has enabled REIT II to meet, through the Merger Effective TimeClosing, the requirements for qualification and taxation as a REIT under the Code, which opinion will be subject to customary exceptions, assumptions and qualifications and based on customary representations contained in an officer's ’s certificate executed by REIT IIII and REIT II Operating Partnership.
Appears in 1 contract
Samples: Merger Agreement (Resource Real Estate Opportunity REIT II, Inc.)