XXXX Status. Parent has elected to be taxed as a REIT and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. From and after the date that the Borrower elects to qualify as a REIT, the Borrower shall maintain its status as a REIT.
XXXX Status. Xxxxxx has elected to be taxed as a REIT and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. Parent (a) will elect to be taxed as a REIT beginning with its taxable year ending December 31, 2019 upon the filing of its federal income tax return for such year and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. The Borrower (a) will elect to be taxed as a REIT beginning with its taxable year ending December 31, 2020, upon the filing of its federal income tax return for such year and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
3.4. The following new Sections 8.28 and 8.29 shall be and hereby are added to the Credit Agreement immediately following Section 8.27 therein to read as follows:
XXXX Status. Mortgagor shall preserve and protect the second lien and security interest priority of this Mortgage. If any lien or security interest other than the first lien granted under the ABL Credit Agreement or a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such Lien (including origin, amount and other terms) to the extent required under the Term Loan Credit Agreement, and (b) pay the underlying claim in full or take such other action so as to cause it to be released or contest the same to the extent permitted by and in compliance with the requirements of Section 6.3 of the Term Loan Credit Agreement.
XXXX Status. The EDC shall hold third (3rd) lien status and, any such lien status of EDC shall be subordinate to Developer’s Lender’s position on all phases of development. Such EDC lien shall exist until all required milestones as set forth in Section 4.1 (a) (above) and in this Agreement have been met by Developer, at which point it shall terminate and cease to be of any force or effect, and the EDC shall issue and file all documents necessary to terminate and remove such lien. Notwithstanding the foregoing, EDC’s lien status shall only be subordinate to Developer’s Lender’s lien(s).
XXXX Status. The Parent Guarantor shall maintain its status as, and election to be treated as, a REIT under the Code.
XXXX Status. Parent is qualified or has elected status as a real estate investment trust under Section 856 of the Code and currently is in compliance in all material respects with all provisions of the Code currently applicable to the qualification of Parent as a real estate investment trust.
XXXX Status. Wolves in Idaho are no longer under the protection of the federal Endangered Species Act. On May 5, 2011, wolf management in all of Idaho reverted to state management under state code 36-1107 and Idaho's 2002 Wolf Conservation and Management Plan. [PDF, 662 KB]
