REIT Tax Opinion. The Fund shall have received a written opinion reasonably acceptable to the Fund from Xxxxx Xxxxxxx & Xxxx LLP, counsel to the Company, that the Company qualified as a REIT under the Code for the taxable years ended December 31, 2001, 2002 and 2003, that the Company is organized in conformity with the requirements for qualification as a REIT under the Code, and that the Company’s method of operation will enable it to meet the requirements for qualification as a REIT under the Code for the taxable year beginning January 1, 2004, determined as if such taxable year ended as of the Closing.
Appears in 36 contracts
Samples: Merger Agreement (CNL Income Fund Vi LTD), Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (CNL Income Fund Xi LTD)
