Common use of CURB Clause in Contracts

CURB. CURB covenants that it will (i) be organized and operate so that it will qualify as a REIT under the Code for its initial taxable year that includes the Distribution Date and (ii) elect to be taxable as a REIT commencing with its initial taxable year ending December 31, 2024. CURB and each member of the CURB Group further covenants that CURB and each member of the CURB Group shall cooperate and take any and all actions reasonably requested by SITC necessary to enable SITC to obtain Tax Opinions including, but not limited to, providing (Y) information and representations to SITC and SITC’s tax counsel with respect to the composition of CURB’s income and assets, the composition of the holders of common stock of CURB and CURB’s organization, operation and qualification as a REIT, in each case, for CURB’s taxable year that includes the Distribution Date and (Z) at such times as reasonably requested by SITC (in connection with offerings of SITC’s equity or debt securities or the filing of any registration statement by SITC or otherwise) an opinion from nationally recognized tax counsel on which SITC (and its tax counsel ▇▇▇▇▇ Day) can rely, to the effect that CURB was organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code during its taxable year that included the Distribution Date.