Common use of Tax Shelter Regulations Clause in Contracts

Tax Shelter Regulations. Neither Borrower, nor any Affiliate of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing or any other party to the Loan determines to take any action inconsistent with such intention, Borrower will promptly notify Lender thereof. If Borrower so notifies Lender, Borrower acknowledges that Lender may treat the Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender will maintain the lists and other records, including the identity of the applicable party to the Loan as required by such Treasury Regulation.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

AutoNDA by SimpleDocs

Tax Shelter Regulations. Neither Borrower, any Guarantor, nor any Affiliate subsidiary of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing Borrower, or any other party to the Loan determines to take any action inconsistent with such intention, Borrower will promptly notify Lender thereof. If Borrower so notifies Lender, Borrower acknowledges that Lender may treat the Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender will maintain the lists and other records, including the identity of the applicable party to the Loan as required by such Treasury Regulation.

Appears in 3 contracts

Samples: Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Douglas Emmett Inc)

Tax Shelter Regulations. Neither Borrower, any Guarantor, any Non-Borrower Trustor, nor any Affiliate subsidiary of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing or any other party to the Loan determines to take any action inconsistent with such intention, Borrower will promptly notify Lender thereof. If Borrower so notifies Lender, Borrower acknowledges that Lender may treat the Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender will maintain the lists and other records, including the identity of the applicable party to the Loan as required by such Treasury Regulation.

Appears in 2 contracts

Samples: Loan Agreement, Building Loan Agreement (Thomas Properties Group Inc)

Tax Shelter Regulations. Neither the Borrower, any Guarantor, nor any Affiliate subsidiary of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing Borrower, or any other party to the Loan determines to take any action inconsistent with such intention, the Borrower will promptly notify the Lender thereof. If the Borrower so notifies the Lender, the Borrower acknowledges that Lender may treat the its Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Lender (or Lenders, as applicable), will maintain the lists and other records, including the identity of the applicable party to the Loan as required by such Treasury Regulation.

Appears in 1 contract

Samples: Secured Loan Agreement (Price Legacy Corp)

Tax Shelter Regulations. Neither Borrower, any Guarantor nor any Affiliate subsidiary of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing Borrower, or any other party to the Loan determines to take any action inconsistent with such intention, Borrower will promptly notify Lender thereof. If Borrower so notifies Lender, Borrower acknowledges that Lender may treat the Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender will maintain the lists and other records, including the identity of the applicable party to the Loan as required by such Treasury Regulation.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

AutoNDA by SimpleDocs

Tax Shelter Regulations. Neither Borrower, the Borrower nor any Affiliate of any of the foregoing other Credit Party intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents Loans and/or Letters of Credit as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If In the event the Parent or the Borrower or any Affiliate of any of the foregoing or any other party to the Loan determines to take any action inconsistent with such intention, Borrower it will promptly notify Lender the Agent thereof. If the Parent or the Borrower so notifies Lenderthe Agent, the Borrower acknowledges that Lender one or more of the Lenders may treat the Loan its Loans and/or its interest in Letters of Credit as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and such Lender or Lenders, as applicable, will maintain the lists and other records, including the identity of the applicable party to the Loan as records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Tax Shelter Regulations. Neither Borrowerany Borrower nor Guarantor, nor any Affiliate subsidiary of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing Borrowers, or any other party to the Loan determines to take any action inconsistent with such intention, Borrower Borrowers will promptly notify Lender thereof. If any Borrower so notifies Lender, Borrower acknowledges Borrowers acknowledge that Lender may treat the Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender will maintain the lists and other records, including the identity of the applicable party to the Loan as required by such Treasury Regulation.

Appears in 1 contract

Samples: Construction Loan Agreement (DC Industrial Liquidating Trust)

Tax Shelter Regulations. Neither Borrower, Parent nor any Affiliate of any of the foregoing their Subsidiaries intends to treat the Loan Loans or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Treasury Regulation Section 1.6011-4). If Borrower or any Affiliate of any of the foregoing or any other party to the Loan Loans determines to take any action inconsistent with such intention, Borrower will promptly notify Lender Administrative Agent thereof. If Borrower so notifies LenderAdministrative Agent, Borrower acknowledges that Lender Lenders may treat the Loan Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders will maintain the lists and other records, including the identity of the applicable party to the Loan as Loans to the extent required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Highland Hospitality Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.