REIT Tax Opinion. The Company shall have received a written opinion reasonably acceptable to the Company from Xxxx Xxxxxxx LLP, counsel to CNLRP, that CNLRP qualified as a REIT under the Code for all open taxable years through December 31, 2003, that CNLRP is organized in conformity with the requirements for qualification as a REIT under the Code, and that CNLRP’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 2 contracts
Samples: Agreement and Plan of Merger (U S Restaurant Properties Inc), Agreement and Plan of Merger (CNL Restaurant Properties Inc)
REIT Tax Opinion. The Company CNLRP shall have received a written opinion reasonably acceptable to the Company CNLRP from Xxxxx Liddell & Xxxx Xxxxxxx LLP, counsel to CNLRPthe Company, that CNLRP the Company qualified as a REIT under the Code for all open taxable years through December 31, 2003, that CNLRP the Company is organized in conformity with the requirements for qualification as a REIT under the Code, and that CNLRPthe 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 2 contracts
Samples: Agreement and Plan of Merger (U S Restaurant Properties Inc), Agreement and Plan of Merger (CNL Restaurant Properties Inc)