REIT Treatment. The Company currently intends to continue to elect to qualify as a REIT under the Code and will use all reasonable efforts to enable the Company to continue to meet the requirements for qualification and taxation as a REIT under the Code for subsequent tax years that include any portion of the term of this Agreement; unless the Company’s board of trustees in good faith determines by resolution that it is in the best interests of the Company’s shareholders not to meet such requirements.
Appears in 5 contracts
Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Capital on Demand Sales Agreement (RAIT Financial Trust)
REIT Treatment. The Company currently intends to continue to elect to qualify as a REIT under the Code and will to use all commercially reasonable efforts to enable the Company to continue to meet the requirements for qualification and taxation as a REIT under the Code for subsequent tax years that include any portion of the term of this Agreement or any Terms Agreement; unless the Company’s board of trustees in good faith determines by resolution that it is in the best interests of the Company’s shareholders not to meet such requirements.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Sabra Health Care REIT, Inc.), Equity Distribution Agreement (Sabra Health Care REIT, Inc.), Equity Distribution Agreement (Sabra Health Care REIT, Inc.)
REIT Treatment. The Company currently intends to continue to elect to qualify as a REIT under the Code and will use all commercially reasonable efforts to enable the Company to continue to meet the requirements for qualification and taxation as a REIT under the Code for subsequent tax years that include any portion of the term of this Agreement; unless the Company’s board of trustees in good faith determines by resolution that it is in the best interests of the Company’s shareholders not to meet such requirements.
Appears in 5 contracts
Samples: Sales Agreement (Gladstone Commercial Corp), Sales Agreement (Gladstone Commercial Corp), Sales Agreement (GLADSTONE LAND Corp)
REIT Treatment. The Company currently intends to continue to elect to qualify as a REIT under the Code and will use all reasonable its best efforts to enable the Company to continue to meet the requirements for qualification and taxation as a REIT under the Code for subsequent tax years that include any portion of the term of this Agreement; unless the Company’s board of trustees directors determines in good faith determines by resolution that it is in the best interests of the Company’s shareholders stockholders not to meet such requirementscontinue to so qualify.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties), Equity Distribution Agreement (Chambers Street Properties)
REIT Treatment. The Company currently intends to continue to elect to qualify as a REIT under the Code and will use all commercially reasonable efforts to enable the Company to continue to meet the requirements for qualification and taxation as a REIT under the Code to so qualify for subsequent tax years that include any portion of the term of this Agreement; unless for so long as the Company’s board Board of trustees in good faith determines by resolution that it is Trustees deems such qualification to be in the best interests of the Company’s shareholders not to meet such requirementsshareholders.
Appears in 3 contracts
Samples: Underwriting Agreement (Investors Real Estate Trust), Underwriting Agreement (Investors Real Estate Trust), Sales Agreement (Investors Real Estate Trust)
REIT Treatment. The Company currently intends to continue to elect to qualify as a REIT under the Code and will use all reasonable efforts to enable the Company to continue to meet the requirements for qualification and taxation as a REIT under the Code for subsequent tax years that include any portion of the term of this Agreement; unless the Company’s board of trustees in good faith determines by resolution that it is in the best interests of the Company’s shareholders not to meet such requirements.
Appears in 2 contracts
Samples: Underwriting Agreement (Gladstone Commercial Corp), Open Market Sale Agreement (Gladstone Commercial Corp)
