Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.
Appears in 15 contracts
Samples: Agreement and Declaration of Trust (RMR Dividend Capture Fund), Agreement and Declaration of Trust (RMR Real Estate Income Fund), RMR Securities Reit (RMR Securities REIT)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Colony NorthStar, Inc.), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.), Agreement and Plan of Merger (Crown Castle International Corp)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 6 contracts
Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares Units by a Person, whether the interest in Equity Shares the Units is held directly or indirectly (including by through a nominee), and shall include, but not be limited to, include any interests that would be treated as owned actually or constructively through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 5 contracts
Samples: Amended Operating Agreement (Cardone REIT I, LLC), Operating Agreement (Cardone Equal Opportunity Fund 2, LLC), Operating Agreement (Cardone REIT I, LLC)
Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares Interests by a Person, whether the interest in Equity Shares is Interests are held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests including Interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Limited Partnership Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Constructive Ownership. The term "Constructive Ownershipownership" shall mean ownership of Equity Shares Stock by a Person, whether the interest in Equity Shares Person who is held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests that would be treated as owned an owner of such Stock either actually or constructively through the application of Section 318(a) 318 of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", owner," "Constructively Ownsown," "Constructively owns" and "Constructively Ownedowned" shall have the correlative meanings.
Appears in 2 contracts
Samples: Purchase Agreement (Price Reit Inc), Deposit Agreement (Kimco Realty Corp)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares by a Person, whether the interest in Equity the Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust), Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner"”, "“Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (RMR Asia Real Estate Fund), Agreement and Declaration of Trust (Overstreet Adrian Marcel)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares shares of Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that are actually owned or would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.)
Constructive Ownership. The term "Constructive Ownership" shall mean ownership of Equity Shares Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "Constructive Owner", ," "Constructively Owns" and "Constructively Owned" shall have the correlative meanings.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Walter Industries Inc /New/)
Constructive Ownership. The term "Constructive Ownership" shall mean ownership Ownership of Equity Shares by a Person, whether the interest in Equity Shares is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings. Corporation. As provided in Article II herein.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cole Credit Property Trust III, Inc.)
Constructive Ownership. The term "“Constructive Ownership" ” shall mean ownership of Equity Shares Capital Stock by a Person, whether the interest in Equity Shares the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include, but not be limited to, include interests that would be treated as owned actually or constructively through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code. The terms "“Constructive Owner", ",” “Constructively Owns" ” and "“Constructively Owned" ” shall have the correlative meanings.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sba Communications Corp)
