Tax Protection Agreement. In the event that (1) the SPE owns, directly or indirectly, an interest in any property specified in the Tax Protection Agreement or (2) the SPE Equity Interests are held by any Pre-Formation Participant that has been provided an opportunity to guarantee debt as set forth in the Tax Protection Agreement, the holders of SPE Equity Interests shall have entered into the Tax Protection Agreement, substantially in the form attached as Exhibit A.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.)
Tax Protection Agreement. In the event that the SPE Equity Interests are held by any Pre-Formation Participant that (1) the SPE owns, directly or indirectly, an interest in any property specified in the Tax Protection Agreement or (2) the SPE Equity Interests are held by any Pre-Formation Participant that has been provided an opportunity to guarantee debt as set forth in the Tax Protection Agreement, the holders of SPE Equity Interests REIT and the Operating Partnership shall have entered into the Tax Protection Agreement, Agreement substantially in the form attached as Exhibit A.A, where applicable.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.)
