EQR has operated and intends to continue to operate in such a manner as to qualify to be taxed as a “real estate investment trust” under the Code.
EQR. ERP and each of their respective subsidiaries are duly qualified or registered as a foreign partnership, corporation, trust or limited liability company and are in good standing to transact business in each jurisdiction in which such qualification is required, whether by the nature of their respective business or their respective ownership or leasing of property, except where the failure to so qualify would not have a Material Adverse Effect.
EQR intends to apply the net proceeds from the sale of the Program Shares substantially in accordance with the description set forth in the Registration Statement and Prospectus under the heading “Use of Proceeds.”
EQR. ERP and each of their respective subsidiaries have been duly incorporated or formed and are validly existing and are in good standing as a partnership, corporation, trust or limited liability company under the laws of their respective jurisdiction of organization, with partnership, corporate trust or limited liability company power and authority to own, lease and operate their respective properties and conduct their respective business as described in the Prospectus, and EQR has the real estate investment trust power and authority and ERP has the partnership power and authority to enter into and perform their obligations under this Agreement.
EQR. Using the Water System Development Charge of $14,740 per EQR, the total Water System Development Charges for the initial phase Fairgrounds is $567,490. Taking this amount less the groundwater dedication credit of $52,938 (pursuant to Section 5.2 below) results in $514,552 being due for the Water System Development Charges. Payment by COUNTY to PURECYCLE shall be due within 30 days following this Agreement's Effective Date. 4.3
EQR. EQUITY RESIDENTIAL By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Executive Vice President and General Counsel ERPOP: ERP OPERATING LIMITED PARTNERSHIP By: Equity Residential, its General Partner By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Executive Vice President and General Counsel AVB: AVALONBAY COMMUNITIES INC. By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Chief Executive Officer and President SELLER: ARCHSTONE ENTERPRISE LP By: Archstone Enterprise GP LLC, its general partner By: Archstone Multifamily JV LP, its sole member By: Archstone Multifamily GP LLC, its general partner By: Archstone Multifamily (Governance) LLC, its sol member By: REPE Archstone GP Holding, LLC, its managing member By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory LBHI: XXXXXX BROTHERS HOLDINGS INC. By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Authorized Signatory
EQR. (1.5 x 1 lot). The amount of Water Rights Dedication Fee due at the time of Final Plat approval shall be $10,500 ($7,000 x 1.5 EQR). Pursuant to the Code, final payment of water rights dedication fees is to occur at the time of building permit.
EQR. ERP Operating Limited Partnership.
EQR metric parameters E0 and E1 (File code names ‘FEZERO’ & ‘FEONE’) An observed (O) metric value is normalised into any EQR using the formula in equation (1), repeated here: EQR = where O = observed value, O − E0 E1 − E0 (equation 1) E1 = Reference condition value (= value of metric for which EQR = 1) and E0 = value of metric for which EQR = 0 The E0 values to be used for each site/waterbody for each used metric must be read from a User- specified EXCEL file of any chosen name, but referred to here as the ‘FEZERO’ file. The E1 values to be used for each site/waterbody for each used metric must be read from a User- specified EXCEL file of any chosen name, but referred to here as the ‘FEONE’ file.
EQR s special legal counsel presented and explained the terms of the Merger Agreement to the EQR Board of Trustees including closing conditions, termination rights and liquidated damages and expense reimbursement provisions, and advised the EQR Board of Trustees of their fiduciary obligations. Following such presentations, the EQR Board of Trustees discussed the advantages and disadvantages to EQR of the Merger. After extensive discussion, the Board of Trustees of EQR concluded that the advantages of the Merger outweighed the potential risks and the EQR Trustees who voted on the Merger unanimously approved the Merger Agreement and the related agreements contemplated thereby, and authorized EQR management to enter into such agreements. J.P. Xxxxxx xxxdered its oral opinion to the effect that, as of that date and subject to the assumptions made, procedures followed, matters considered and limits of its review, the consideration to be paid by EQR in connection with the Merger is fair, from a financial point of view, to EQR. J.P. Xxxxxx'x xxxtten opinion confirming its oral opinion was delivered on July 8, 1998. Also on July 8, 1998, special meetings of the Merry Land Board of Directors and its compensation committee reconvened with Merry Land directors, members of management, representatives of Morgxx Xxxnxxx, xxpresentatives of Arthxx Xxxexxxx XXX and legal counsel present. At such meeting, the Merry Land Board of Directors was updated on the status of discussions with EQR regarding the potential merger transaction between Merry Land and EQR. Mr. Xxxxxxx xxx others reviewed with the Board of Directors (i) the background of the proposed merger and spin-off transaction and the material terms of these transactions, (ii) pertinent due diligence findings with respect to EQR, with particular emphasis on the current operations and properties of EQR, and (iii) the potential benefits as well as the risks of the proposed merger transaction as described below under "-- Advantages and Disadvantages of the Merger; Recommendation of the Merry Land Board of Directors." In addition, advisors to Merry Land presented to the Merry Land Board of Directors information regarding compensation and severance related matters. Representatives of Morgxx Xxxnxxx xxxsented its financial analysis of the merger transaction, and delivered its oral opinion, subsequently confirmed in writing to the Merry Land Board of Directors, that as of that date, based upon and subject to the facts and circum...
