Publicly-Held Fund or Publicly-Held Real Estate Investment Trust Sample Clauses

Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if Borrower provides notice of that acquisition to Lender within 30 days following the acquisition.
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Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if within 30 days following the acquisition, Borrower does each of the following: (A) Provides notice to Lender of that acquisition. (B) Complies with each of the following conditions: (1) Borrower delivers to Lender searches confirming that no Person with a collective equity interest (whether direct or indirect) of 25% or more in Borrower is on any Prohibited Parties List. (2) Borrower either (a) certifies in writing to Lender that there are no Non-U.S. Equity Holders, or (b) delivers to Lender searches confirming that no Non-U.S. Equity Holder is on any Prohibited Parties List.
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Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if within 30 days following the acquisition, Borrower does each of the following: (A) Provides notice to Lender of that acquisition. (B) Complies with each of the following conditions: (1) Borrower certifies in writing to Lender that as of the date of the Transfer either (i) there will be not be any Person with a collective equity interest (whether direct or indirect) of 25% or more in Borrower or (ii) no Borrower Principal (A) is on any Prohibited Parties Lists, (B) has been convicted of any violation of the AML Laws, or (C) has been the subject of a final enforcement action relating to the AML Laws. (2) Borrower certifies in writing to Lender that as of the date of the Transfer either (i) there will not be any Non-U.S. Equity Holders, or (ii) no Non-U.S. Equity Holder (A) is on the OFAC Lists, (B) has been convicted of any violation of the AML Laws, or (C) has been the subject of a final enforcement action relating to the AML Laws.
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Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held corporation, fund or a publicly-held real estate investment trust, either of the following:
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Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held corporation, fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if Borrower provides notice of that acquisition to Lender within 30 days following the acquisition. 11. Section 11.03 is revised by adding the following new subpart (d):
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Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. In the case of Bluerock Residential Growth REIT, Inc (“BR Reit”) such permitted Transfers shall expressly include Transfers arising out of (A) the sale of the Public Fund/REIT Securities to another publicly traded real estate investment trust (or an affiliate thereof controlled by the publicly traded real estate investment trust), (B) the merger, roll up, or other consolidation of BR Reit with another entity so long as Bluerock Reit or another publicly traded real estate investment trust (or an affiliate thereof controlled by the publicly traded real estate investment trust) is the surviving entity and (C) the issuance of put options in Bluerock Reit as part of an UPREIT or downREIT transaction. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if Borrower provides notice of that acquisition to Lender within 30 days following the acquisition. 7. New Section 7.03(e) is added as follows:
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Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. In the case of Bluerock Residential Growth REIT, Inc (“BR REIT”) such permitted Transfers shall expressly include Transfers arising out of (A) the sale of the Public Fund/REIT Securities to another publicly traded real estate investment trust (or an affiliate thereof controlled by the publicly traded real estate investment trust), (B) the merger, roll up, or other consolidation of BR REIT with another entity so long as BR REIT or another publicly traded real estate investment trust (or an affiliate thereof controlled by the publicly traded real estate investment trust) is the surviving entity and (C) the issuance of put options in BR REIT as part of an UPREIT or downREIT transaction. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if within 30 days following the acquisition, Borrower does each of the following: (A) Provides notice to Lender of that acquisition. (B) Complies with each of the following conditions: (1) Borrower delivers to Lender searches confirming that no Person with a collective equity interest (whether direct or indirect) of 25% or more in Borrower is on any Prohibited Parties List. (2) Borrower either (a) certifies in writing to Lender that there are no Non-U.S. Equity Holders, or (b) delivers to Lender searches confirming that no Non-U.S. Equity Holder is on any Prohibited Parties List.
Sample 1
Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund corporation, fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if within 30 days following the acquisition, Borrower does each of the following: (A) Provides notice to Lender of that acquisition. (B) Complies with each of the following conditions: (1) Borrower delivers to Lender searches confirming that no Person with a collective equity interest (whether direct or indirect) of 25% or more in Borrower is on any Prohibited Parties List. (2) Borrower either (a) certifies in writing to Lender that there are no Non-U.S. Equity Holders, or (b) delivers to Lender searches confirming that no Non-U.S. Equity Holder is on any Prohibited Parties List. • Description ofRepair • Completion Date • (Days after Origination) • Resurface the tennis court due to cracking • 180 • Wood destroying insect treatment and repairs involving xxxxxxxxx bee frass and exit holes as well as repair of termite baiting system in Building 37 HLK. • 180 “Radon Testing” and “Radon Remediation”, if applicable, both as defined in the “Rider to Multifamily Loan and Security Agreement - Repair Reserve Fund - Radon Testing” attached to this Agreement. Install low flush toilets Replace 1.6 GPF nominal flush toilets with 0.8 GPF toilets $191,880 820 Tenant Toilets The undersigned requests from (“Lender”) the disbursement of funds in the amount of $_________________ (“Disbursement Request”) from the Repair Reserve Fund established pursuant to the Multifamily Loan and Security Agreement dated , 20 by and between Lender and the undersigned ( “Loan Agreement”) to pay for repairs to the multifamily apartment project known as and located in . The undersigned represents and warrants to Lender that the following information and certifications provided in connection with this Disbursement Request are true and correct as of the date hereof:
Sample 1
Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund corporation, fund or a publicly-held real estate investment trust, either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if within 30 days following the acquisition, Borrower does each of the following: (A) Provides notice to Lender of that acquisition. (B) Complies with each of the following conditions:
Sample 1
Publicly-Held Fund or Publicly-Held Real Estate Investment Trust. If a Designated Entity for Transfers is a publicly-held fund or a publicly-held real estate investment trust (for purposes of this Loan Agreement, NorthStar Healthcare Income, Inc. (“NorthStar REIT”) shall be deemed to be a publicly-held real estate investment trust), either of the following: (i) The public issuance of common stock, convertible debt, equity or other similar securities (“Public Fund/REIT Securities”) and the subsequent Transfer of such Public Fund/REIT Securities, and any corresponding issuance of units/partnership interests in NHIOP (as defined in Section 7.03(d) below) to NorthStar REIT. (ii) The acquisition by a single Public Fund/REIT Securities holder of an ownership percentage of 10% or more in the Designated Entity for Transfers, if Borrower provides notice of that acquisition to Lender within 30 days following the acquisition.
Sample 1