Examples of Company Subsidiary REIT in a sentence
The record date and payment date for any Permitted REIT Dividend payable by the Company or any Company Subsidiary REIT pursuant to Section 7.16(c) shall be the close of business on the last Business Day prior to the Closing Date.
Neither the Company, the Company Subsidiary REIT nor any of their Subsidiaries holds any assets the disposition of which would be subject to rules similar to Section 1374 of the Code as a result of (A) an election under IRS Notice 88-19 or Treasury Regulations Section 1.337(d)-5 or Section 1.337(d)-6 or (B) the application of Treasury Regulations Section 1.337(d)-7.
For purposes of this representation, the Company has not treated and is not treating either of the Company Subsidiary REITs as “taxable REIT subsidiaries” within the meaning of Section 856(l) of the Code (each a “Taxable REIT Subsidiary”) of the Company regardless of whether the Company together with a Company Subsidiary REIT jointly filed an election on IRS Form 8875 to treat the Company Subsidiary REIT as a Taxable REIT Subsidiary of the Company.
Each Subsidiary of the Company and each Subsidiary of the Company Subsidiary REIT that is a partnership, joint venture, or limited liability company and that has not elected for federal income tax purposes to be a corporation or a “taxable REIT subsidiary” within the meaning of Section 856 of the Code is treated for federal income tax purposes as a partnership or disregarded entity, as the case may be, and not as a corporation or an association taxable as a corporation.
Parent’s ownership of the Surviving Entity as of and after the Effective Time will not cause the Surviving Entity or any Company Subsidiary REIT to fail to satisfy any requirements for qualification as a REIT for the taxable year that includes the Effective Time.
Each Subsidiary of the Company or the Company Subsidiary REIT that is a corporation for federal income tax purposes is a “qualified REIT subsidiary” pursuant to Section 856(i) of the Code, a “taxable REIT subsidiary” pursuant to Section 856(l) of the Code or a corporation which qualifies under the transitional rules set forth in Section 546(b) of the Tax Relief Extension Act of 1999.
The Company has no Subsidiary classified as a REIT for federal income tax purposes other than the Company Subsidiary REIT.