Remedies Not Limited. Subject to Section 7.6 hereof, nothing contained in this Section 6.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification as a REIT.
Appears in 5 contracts
Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof5.7 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 3 contracts
Samples: Master Combination Agreement (NorthStar Real Estate Income II, Inc.), Master Combination Agreement (Colony NorthStar, Inc.), Master Combination Agreement (NorthStar Real Estate Income II, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof5.7 of the Charter, nothing contained in this Section 6.1 9(b) shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 3 contracts
Samples: Merger Agreement (Realty Income Corp), Merger Agreement (Spirit Realty Capital, Inc.), Merger Agreement (Spirit Realty Capital, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 paragraph (G) (but subject to subparagraph (12) of this paragraph (G)) shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving by preservation of the Corporation’s qualification 's status as a REIT.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Price Reit Inc), Preferred Stock Purchase Agreement (Kimco Realty Corp), Merger Agreement (Price Reit Inc)
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 8.1 shall limit the authority of the Board of Directors to take such other action actions as it deems necessary or advisable to protect the Corporation Company and the interests of its stockholders Members in preserving the CorporationCompany’s qualification as a REIT.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC)
Remedies Not Limited. Subject to Section 7.6 hereof4.7, nothing contained in this Section 6.1 6.2 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (American Assets Trust, Inc.), Merger Agreement (American Assets Trust, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this paragraph (F) (but subject to Section 6.1 13(K)) shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving by preservation of the Corporation’s qualification status as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (Kimco Realty Corp), Merger Agreement (RPT Realty)
Remedies Not Limited. Subject to Section 7.6 hereofof the Charter, nothing contained in this Section 6.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification 's status as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (MVP REIT, Inc.), Merger Agreement (MVP REIT II, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof17.6(e) and Article III, nothing contained in this subparagraph (3) of this Section 6.1 17.6(c) shall limit the authority of the Board of Directors Trustees to take such other action as it deems necessary or advisable to protect the Corporation Company and the interests of its stockholders shareholders in preserving the Corporation’s qualification Company's status as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (Kranzco Realty Trust), Merger Agreement (Cv Reit Inc)
Remedies Not Limited. Subject to Section 7.6 hereofSections 5.6 and 7.4 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors of the Corporation to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REITREIT or ensuring that the Foreign Ownership Percentage is not exceeded.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereofARTICLE FIFTH, nothing contained in this Section 6.1 clause (b) shall limit the authority of the Board of Directors of the Corporation to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereof5.5 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification prospective or ongoing status as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereofSections 5.6 and 7.4 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors of the Corporation to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.REIT or ensuring that the Foreign Ownership Percentage is not exceeded. Section 7.2.6
Appears in 1 contract
Samples: Equityholders Agreement
Remedies Not Limited. Subject to Section 7.6 hereof8.6 of the Charter, nothing contained in this Section 6.1 7.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 1 contract
Samples: Merger Agreement (Cole Credit Property Trust III, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 7 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving by preservation of the Corporation’s qualification status as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereof7.10, nothing contained in this Section 6.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders Stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 Article shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification 's status as a REIT.
Appears in 1 contract
