Common use of Status as a REIT Clause in Contracts

Status as a REIT. The Borrower (i) is a real estate investment trust as defined in Section 856 of the Code (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.

Appears in 4 contracts

Samples: Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/), Secured Line of Credit Loan Agreement (Franklin Select Realty Trust), Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/)

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Status as a REIT. The Borrower Borrower (i) is a real estate investment trust as defined in Section 856 of the Code (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.

Appears in 3 contracts

Samples: Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/), Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/), Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/)

Status as a REIT. The Borrower (i) is a real estate investment trust as defined in Section 856 of the Internal Revenue Code (the "Code") (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.

Appears in 2 contracts

Samples: Loan Agreement (Bedford Property Investors Inc/Md), Loan Agreement (Bedford Property Investors Inc/Md)

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Status as a REIT. The Borrower Borrower (i) is a real estate investment trust as defined in Section 856 of the Code (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.

Appears in 1 contract

Samples: Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/)

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