Code Requirements. The Company will use its best efforts to continue to meet the requirements to qualify as a "real estate investment trust" under the Code for the taxable year in which sales of the Notes are to occur.
Appears in 2 contracts
Sources: Distribution Agreement (New Plan Excel Realty Trust Inc), Distribution Agreement (New Plan Excel Realty Trust Inc)
Code Requirements. The Company will use its best commercially reasonable efforts to continue to meet the requirements to qualify as a "βreal estate investment trust" β under the Code for the taxable year in which sales of the Notes Issuance Shares are to occur.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (New Plan Excel Realty Trust Inc)