Common use of Tax Matters; REIT and Partnership Status Clause in Contracts

Tax Matters; REIT and Partnership Status. (a) The Company (i) was eligible to and did validly elect to be taxed as a REIT under Sections 856 through 860 of the Code effective as of its taxable year ended December 31, 1993, and does not intend, in its federal income tax return for the tax year ended December 31, 1997 or in its federal income tax return for the tax year that will end on December 31, 1998, to revoke such election, (ii) has not, to its knowledge, taken or omitted to take any action that would reasonably be expected to result in a termination of or challenge to its status as a REIT, (iii) is not aware that any such challenge is pending or threatened, (iv) intends to continue to operate in such a manner as to qualify as a REIT for 1998, and (v) to the Company's knowledge, and assuming the accuracy of Subscriber's representation in Section 3.7, will not be rendered unable to qualify as a REIT for federal income tax purposes as a consequence of the transactions contemplated hereby. (b) Each Partnership and each subsidiary of the Company organized as a partnership (and any other subsidiary of the Company that files tax returns as a partnership for federal income tax purposes) was and continues to be classified as a partnership for federal income tax purposes. (c) For purposes of this Section 2.7, no representation set forth in Section 2.7 shall be deemed to be untrue unless such untruths would, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.

Tax Matters; REIT and Partnership Status. (a) The Company (i) was eligible to and did validly elect to be taxed as a REIT under Sections 856 through 860 of the Code effective as of its taxable year ended December 31, 1993, and does not intend, intends in its federal income tax return for the tax year ended on December 31, 1997 or 1996, and in its federal income tax return for the tax year that will end on December 31, 19981997, to revoke such electionelect to be taxed as a REIT within the meaning of Section 856 of the Code, and has complied (or will comply) with all applicable provisions of the Code relating to a REIT for 1997, (ii) has notoperated, to its knowledge, taken or omitted to take any action that would reasonably be expected to result in a termination of or challenge to its status as a REIT, (iii) is not aware that any such challenge is pending or threatened, (iv) and intends to continue to operate operate, in such a manner as to qualify as a REIT for 19981997, (iii) has not taken or omitted to take any action which would reasonably be expected to result in a challenge to its status as a REIT, and, to the Company's knowledge, no such challenge is pending or threatened, and (viv) to the Company's knowledge, and assuming the accuracy of Subscriber's representation in Section 3.7, will not be rendered unable to qualify as a REIT for federal income tax purposes as a consequence of the transactions contemplated hereby. (b) The Company was eligible to and did validly elect to be taxed as a REIT for federal income tax purposes for calendar years 1993, 1994, and 1995. Each Partnership and each subsidiary of the Company organized as a partnership (and any other subsidiary of the Company that files tax returns as a partnership for federal income tax purposes) was and continues to be classified as a partnership for federal income tax purposes. (c) For purposes of this Section 2.7, no representation set forth in Section 2.7 shall be deemed to be untrue unless such untruths would, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.

Tax Matters; REIT and Partnership Status. (a) The Company (i) was eligible to and did validly elect to be taxed as a REIT under Sections 856 through 860 of the Code effective as of its taxable year ended December 31, 1993, and does not intend, intends in its federal income tax return for the tax year ended on December 31, 1997 or 1996, and in its federal income tax return for the tax year that will end on December 31, 19981997, to revoke such electionelect to be taxed as a REIT within the meaning of Section 856 of the Code, and has complied (or will comply) with all applicable provisions of the Code relating to a REIT for 1997, (ii) has notoperated, to its knowledge, taken or omitted to take any action that would reasonably be expected to result in a termination of or challenge to its status as a REIT, (iii) is not aware that any such challenge is pending or threatened, (iv) and intends to continue to operate operate, in such a manner as to qualify as a REIT for 19981997, (iii) has not taken or omitted to take any action which would reasonably be expected to result in a challenge to its status as a REIT, and, to the Company's knowledge, no such challenge is pending or threatened, and (viv) to the Company's knowledge, and assuming the accuracy of Subscriber's representation in Section 3.7, will not be rendered unable to qualify as a REIT for federal income tax purposes as a consequence of the transactions trans- actions contemplated hereby. (b) Each Partnership and each subsidiary of the Company organized as a partnership (and any other subsidiary of the Company that files tax returns as a partnership for federal income tax purposes) was and continues to be classified as a partnership for federal income tax purposes. (c) For purposes of this Section 2.7, no representation represen- tation set forth in Section 2.7 shall be deemed to be untrue unless such untruths would, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.

Tax Matters; REIT and Partnership Status. (a) The Company (i) was eligible to and did validly elect to be taxed as a REIT under Sections 856 through 860 of the Code effective as of its taxable year ended December 31, 1993, and does not intend, in its federal income tax return for the tax year ended December 31, 1997 or intends in its federal income tax return for the tax year that will end on December 31, 19981997, to revoke such electionelect to be taxed as a REIT within the meaning of Section 856 of the Code, and has complied (or will comply) with all applicable provisions of the Code relating to a REIT for 1997, (ii) has notoperated, to its knowledge, taken or omitted to take any action that would reasonably be expected to result in a termination of or challenge to its status as a REIT, (iii) is not aware that any such challenge is pending or threatened, (iv) and intends to continue to operate operate, in such a manner as to qualify as a REIT for 19981997, (iii) has not taken or omitted to take any action which would reasonably be expected to result in a challenge to its status as a REIT, and, to the Company's knowledge, no such challenge is pending or threatened, and (viv) to the Company's knowledge, and assuming the accuracy of Subscriber's representation in Section 3.7, 3.8, will not be rendered unable to qualify as a REIT for federal income tax purposes as a consequence of the transactions contemplated hereby. (b) The Company was eligible to and did validly elect to be taxed as a REIT for federal income tax purposes for calendar years 1993, 1994, 1995 and 1996. Each Partnership and each subsidiary of the Company organized as a partnership (and any other subsidiary of the Company that files tax returns as a partnership for federal income tax purposes) was and continues to be classified as a partnership for federal income tax purposes. (c) For purposes of this Section 2.72.15, no representation set forth in Section 2.7 2.15 shall be deemed to be untrue unless such untruths would, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.

Tax Matters; REIT and Partnership Status. (a) The Company (i) was eligible to and did validly elect to be taxed as a REIT under Sections 856 through 860 of the Code effective as of its taxable year ended December 31, 1993, and does not intend, in its federal income tax return for the tax year ended December 31, 1997 or 1996 and in its federal income tax return for the tax year that will end on December 31, 1998, 1997 to revoke such election, (ii) has not, to its knowledge, taken or omitted to take any action that would reasonably be expected to result in a termination of or challenge to its status as a REIT, (iii) is not aware that any such challenge is pending or threatened, (iv) intends to continue to operate in such a manner as to qualify as a REIT for 19981997, and (v) to the Company's knowledge, and assuming the accuracy of Subscriber's representation in Section 3.7, will not be rendered unable to qualify as a REIT for federal income tax purposes as a consequence conse- quence of the transactions contemplated hereby. (b) Each Partnership and each subsidiary of the Company Com- pany organized as a partnership (and any other subsidiary of the Company that files tax returns as a partnership for federal income tax purposes) was and continues to be classified as a partnership for federal income tax purposes. (c) For purposes of this Section 2.7, no representation representa- tion set forth in Section 2.7 shall be deemed to be untrue unless un- less such untruths would, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.

Tax Matters; REIT and Partnership Status. (a) The Company (i) was eligible to and did validly elect to be taxed as a REIT under Sections 856 through 860 of the Code effective as of its taxable year ended December 31, 1993, and does not intend, intends in its federal income tax return for the tax year ended on December 31, 1997 or 1995, and in its federal income tax return for the tax year that will end on December 31, 19981996, to revoke such electionelect to be taxed as a REIT within the meaning of Section 856 of the Code, and has complied (or will comply) with all applicable provisions of the Code relating to a REIT for 1996, (ii) has notoperated, to its knowledge, taken or omitted to take any action that would reasonably be expected to result in a termination of or challenge to its status as a REIT, (iii) is not aware that any such challenge is pending or threatened, (iv) and intends to continue to operate operate, in such a manner as to qualify as a REIT for 19981996, (iii) has not taken or omitted to take any action which would reasonably be expected to result in a challenge to its status as a REIT, and, to the Company's knowledge, no such challenge is pending or threatened, and (viv) to the Company's knowledge, and assuming the accuracy of Subscriber's representation in Section 3.7, will not be rendered unable to qualify as a REIT for federal income tax purposes as a consequence of the transactions trans- actions contemplated hereby. (b) The Company was eligible to and did validly elect to be taxed as a REIT for federal income tax purposes for calendar years 1993 and 1994. Each Partnership and each subsidiary sub- sidiary of the Company organized as a partnership (and any other oth- er subsidiary of the Company that files tax returns as a partnership part- nership for federal income tax purposes) was and continues to be classified as a partnership for federal income tax purposes. (c) For purposes of this Section 2.7, no representation representa- tion set forth in Section 2.7 shall be deemed to be untrue unless un- less such untruths would, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.