Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, on which the Board of Directors determines that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is no longer required in order for the Corporation to qualify as a REIT.
Appears in 5 contracts
Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)
Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors determines pursuant to Article FIFTH of the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REIT.
Appears in 3 contracts
Samples: Merger Agreement (Walter Industries Inc /New/), Agreement and Plan of Merger (Walter Industries Inc /New/), Merger Agreement (Hanover Capital Mortgage Holdings Inc)
Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors determines pursuant to Section 5.7 of the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify 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.)
Restriction Termination Date. The term “"Restriction Termination Date” " shall mean the first day day, after the Initial Date, on which the Board of Directors Trustees determines that it is no longer in the best interests of the Corporation Company to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Series D Preferred Shares set forth herein is no longer required in order for the Corporation Company to qualify as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (Kranzco Realty Trust), Merger Agreement (Cv Reit Inc)
Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors determines pursuant to Section 4.7 of the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (American Assets Trust, Inc.), Merger Agreement (American Assets Trust, Inc.)
Restriction Termination Date. The term “"Restriction Termination Date” " shall mean the first day after the Initial Date, Issue Date on which (i) the Board of Directors of the Corporation determines that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with and (ii) such determination is approved by the restrictions affirmative vote of the holders of not less than two-thirds (2/3) of the shares of the Corporation's capital stock outstanding and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is no longer required in order for the Corporation entitled to qualify as a REITvote thereon.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Kimco Realty Corp), Preferred Stock Purchase Agreement (Price Reit Inc)
Restriction Termination Date. The term “"Restriction Termination Date” " shall mean the first day after the Initial Date, Date on which the Board of Directors Trustees determines that it is no longer in the best interests of the Corporation Trust to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Equity Shares set forth herein is no longer required in order for the Corporation Trust to qualify as a REIT.
Appears in 2 contracts
Samples: Merger Agreement (Kranzco Realty Trust), Merger Agreement (Cv Reit Inc)
Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors Trustees determines that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is are no longer required in order for the Corporation to qualify as a REITbest interests of NXDT.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust), Trust Agreement
Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors Corporation determines pursuant to Article VI A. that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REIT.
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Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors determines that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is no longer required in order for the Corporation to qualify as a REIT.
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Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors determines pursuant to Section 5.6 of the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to attempt to, or continue to, qualify as a REIT.
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Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board Corporation determines pursuant to Section 5.7 of Directors determines the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REIT.
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Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board Corporation determines pursuant to the final paragraph of Directors determines Article VII of this Amended and Restated Certificate of Incorporation that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with any or all of the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REITREIT qualification and taxation.
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Restriction Termination Date. The term “"Restriction Termination Date” " shall mean the first day after the Initial Date, Date on which the Board of Directors determines pursuant to Article FIFTH of the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REIT.
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Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors Trustees determines that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is are no longer required in order for the Corporation to qualify as a REIT.best interests of NHF
Appears in 1 contract
Samples: Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund)
Restriction Termination Date. The term “Restriction Termination Date” shall mean the first day after the Initial Date, Date on which the Board of Directors determines pursuant to Section 5.7 of the Charter that it is no longer in the best interests of the Corporation to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations any restriction or limitation on Beneficial Ownership, Constructive Ownership and Transfers of Shares shares of Capital Stock set forth herein is no longer required in order for the Corporation to qualify as a REIT.
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