Section 1031 Exchange definition

Section 1031 Exchange means an exchange conducted pursuant to 26 U.S.C. sec. 1031 that allows investors to defer the tax on capital gains.
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Section 1031 Exchange means a transaction intended to qualify for nonrecognition of gain or loss under Section 1031 of the Code pursuant to which the Borrower or a Restricted Subsidiary of the Borrower would exchange Oil and Gas Properties owned by it for Oil and Gas Properties owned by a third party.
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Section 1031 Exchange means a Forward 1031 Exchange, a Reverse 1031 Exchange and any other analogous transaction intended to qualify for non-recognition of gain or loss under Section 1031 of the Code pursuant to which the Borrower and/or any of its Restricted Subsidiaries exchange Properties owned by them for Properties owned by a third party.
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Examples of Section 1031 Exchange in a sentence

  • The Parties agree to cooperate with each other with respect to structuring this transaction as a Section 1031 exchange, provided all liens against the Premises are fully satisfied as part of the exchange transaction.


More Definitions of Section 1031 Exchange

Section 1031 Exchange means a like kind tax-free exchange of real property interests in accordance with Section 1031 of the Internal Revenue Code.
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Section 1031 Exchange means a transaction intended to qualify as tax-free under Section 1031 of the Code.
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Section 1031 Exchange. Seller understands and acknowledges that a material inducement to Purchaser's entry into this Agreement is the right of the Purchaser to structure the transaction contemplated by this Agreement so as to qualify as a tax free exchange of like kind property in compliance with the provisions of Section 1031 of the Internal Revenue Code of 1986, as amended ("Section 1031"). Seller agrees to cooperate in all reasonable respect to allow Purchaser to structure the transactions contemplated in this Agreement as like kind exchanges in compliance with the provisions of Section 1031 and the regulations promulgated thereunder (the "Regulations") and Purchaser shall be entitled to determine and designate which transactional structures permitted by Section 1031 and the Regulations shall be used in connection with its Section 1031 exchanges. Without limiting the generality of the foregoing, Purchaser may enter into written exchange agreements or assignment agreements at any time prior to the closing with a "Qualified Intermediary" [as defined in Section 1.1031(k)-1(g)(4)(iii)] for the assignment of the rights of Purchaser under this Agreement to such "Qualified Intermediary" (each, an "Intermediary") for purposes only of its Section 1031 exchanges. The relevant Intermediary shall be designated in writing by Purchaser to Seller, and in such case Seller shall sign and deliver to Purchaser a written instruction (to be prepared by Purchaser) acknowledging the designation of the Intermediary and the assignment of the right, title and interest of Purchaser under this Agreement to the Intermediary. Upon designation of the Intermediary by Purchaser and upon the Intermediary's written assumption of the obligation of Purchaser hereunder, the Intermediary shall be substituted as Purchaser of the Premises under this Agreement. In such case, Seller agrees to convey title to the Premises to any party designated in writing to the Seller by the Intermediary and to render the performance of all Seller's obligations under this Agreement to the Intermediary, subject to the requirements of this Agreement. Purchaser shall bear any and all costs attributable to Purchaser's election to close these transactions as Section 1031 exchanges, and Seller shall not bear any cost or expense in excess of its responsibilities under a direct two-party conveyance. Purchaser's qualification of the transactions contemplated by this Agreement as Section 1031 tax free exchanges is not a condition precedent to ...
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Section 1031 Exchange has the meaning ascribed to such term in Section 10.7.
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Section 1031 Exchange means a tax-deferred exchange in accordance with Section 1031 of the Code, as structured by Welltower and its tax advisors.
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Section 1031 Exchange means, with respect to any property, the exchange xx xxxx xroperty for property of like kind in a transaction qualifying under Section 1031 of the Code in which not more than 10% of the built-in gain associated with such property is required to be recognized by the partners of the Operating Partnership for federal income tax purposes.
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Related to Section 1031 Exchange

  • the Code means the Pension Regulator’s Code of Practice No 14 governance and administration of public service pension schemes.

  • Qualified REIT Subsidiary means any Subsidiary of the General Partner that is a “qualified REIT subsidiary” within the meaning of Section 856(i) of the Code.

  • Business Combination Agreement shall have the meaning given in the Recitals hereto.

  • Permitted Lock-Up Agreement means an agreement between a Person and one or more holders of Voting Shares pursuant to which such holders (each a “Locked-Up Person”) agree to deposit or tender Voting Shares to a Take-Over Bid (the “Lock-Up Bid”) made or to be made by such Person or any of such Person’s Affiliates or Associates or any other Person with which such Person is acting jointly or in concert, provided that:

  • Reorganization Agreement has the meaning set forth in the recitals.

  • Qualified Mortgage A Mortgage Loan that is a “qualified mortgage” within the meaning of Code Section 860G(a)(3) (but without regard to the rule of Treasury Regulations Section 1.860G-2(f)(2) that causes a defective Mortgage Loan to be treated as a “qualified mortgage”, or any substantially similar successor provision).

  • Asset Purchase Agreement has the meaning set forth in the Recitals.

  • IDR Transfer Agreement means an agreement to transfer, subject to the terms of Tariff, Part VI, section 237, Incremental Deliverability Rights to a party for the purpose of eliminating or reducing the need for Local or Network Upgrades that would otherwise have been the responsibility of the party receiving such rights. Immediate-need Reliability Project: “Immediate-need Reliability Project” shall have the same meaning provided in the Operating Agreement.

  • Contribution Agreement has the meaning set forth in the Recitals.

  • Investor Money Regulations means the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) Investor Money Regulations 2015 for Fund Service Providers;

  • Pre-Acquisition Reorganization has the meaning set out in Section 6.8;

  • Qualified disposition means, subject to subparagraphs (iii) and (iv), a disposition after which both subparagraphs (i) and (ii) apply to the subject property: