U.S. Real Property Holding Company. The Company is not and has not been a United States real property holding company (as defined in Code § 897(c)(2)) during the applicable period specified in Code § 897(c)(l)(ii).
U.S. Real Property Holding Company. Parent will not be a United States real property holding corporation (as defined in Section 897(c)(2) of the Code) as of the time immediately following the consummation of all of the transactions contemplated by this Agreement to occur as of the Closing Date. Parent would not have incurred any indebtedness under that certain Syndicated Loan (as defined in Section 7.01(g)(iii) hereof) but for the construction and/or build-out of the various internet business exchange centers (“IBXs”) located in the United States that Parent currently owns and that were paid for by Parent in whole or in part on or after the date of the incurrence of such indebtedness. As of the Closing Date all amounts outstanding under such Syndicated Loan will be secured by such United States IBXs.
U.S. Real Property Holding Company. WIS has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.
U.S. Real Property Holding Company. The Company is not a U.S. Real Property Holding Company, as defined in Section 1.897-2(c) of the Treasury Regulations.
U.S. Real Property Holding Company. Intermediate Holdings is not a U.S. Real Property Holding Company, as defined in Section 1.897-2(c) of the Treasury Regulations.
U.S. Real Property Holding Company. The Company shall conduct its affairs so as to avoid the Company being treated as a “United States Real Property Holding Corporation” within the meaning of Section 897(c)(2) of the Internal Revenue Code, as amended (the “Code”) and any applicable regulations promulgated thereunder (“USRPHC”). The Company shall notify the Investor promptly following any “determination date” (as defined in Treasury Regulations section 1.897-2(c)(1)) or otherwise within five (5) business days of becoming aware that the Company is, or is reasonably likely to be, a USRPHC. In addition, at any time upon the Investor's request, the Company shall issue a statement to the Investor, in form and substance as described in Treasury Regulations sections 1.897-2(h)(1) and 1.1445-2(c) (or any successor regulations) and signed under penalties of perjury, regarding whether any interest in the Company constitutes a “U.S. real property interest” within the meaning of Section 897(c) of the Code, together with an executed notice to the Internal Revenue Service described in Treasury Regulations section 1.897-2(h)(2) (or any successor regulation). Such statement shall be delivered within ten (10) business days of the Investor's written request therefor.
U.S. Real Property Holding Company. A certificate from the Company to the effect that the Company is not a “United States real property holding corporation” for purposes of Section 897 and Section 1445 of the Code meeting the requirements of Treasury Regulation section 1.1445-2(c)(3).
