LIMITATIONS AND OTHER MATTERS. 2.1 In no event shall the Ownership Limit Waiver permit any Individual’s Beneficial Ownership or Constructive Ownership of Shares to exceed, at any time, the Aggregate Share Ownership Limit of Section 5.7(i) of the Charter as determined without regard to any provisions of this Agreement, unless and to the extent such Individual is an Excepted Holder. For the purpose of this Agreement, “
LIMITATIONS AND OTHER MATTERS. 2.1 The exemption set forth in Section 1 above (the “Ownership Limit Waiver”) shall not be effective if and to the extent that, as a result of Vornado’s ownership of Equity Stock of the Company permitted by reason of the Ownership Limit Waiver, (A) the Company would be considered to own (actually or Constructively, applying the provisions of Section 856(d)(5) of the Code) an interest described in Section 856(d)(2)(B) of the Code in a “Vornado Related Tenant” (as defined in Section 2.4 herein), or (B) any “individual” (within the meaning of Section 542(a)(2) of the Code) would be considered to “own” (within the meaning of Section 856(h) of the Code) any of the shares of Equity Stock of the Company covered by the Ownership Limit Waiver, of more than 9.8% (by number of shares or value, whichever is more restrictive) of the total outstanding shares of Equity Stock of the Company (whether or not such ownership causes the Company to be “closely held” under the REIT rules). In addition, if the Ownership Limit Waiver is not effective as a result of the operation of any clause(s) of the preceding sentence, the Equity Stock of the Company that otherwise would be Excess Stock shall be deemed to have been transferred to the Company in accordance with subparagraph (b)(1) of Article IX of the Declaration.
LIMITATIONS AND OTHER MATTERS. 2.1. The Ownership Limit Waiver shall not be effective if and to the extent that, as a result of any BlackRock Investor’s ownership of Common Stock of the Company permitted by reason of the Ownership Limit Waiver:
LIMITATIONS AND OTHER MATTERS. 2.1. The Ownership Limit Waiver shall not be effective, and all remedies permitted by Article VII shall apply, if and to the extent that, as a result of any Nantahala Investor’s ownership of Common Stock of the Company permitted by reason of the Ownership Limit Waiver:
LIMITATIONS AND OTHER MATTERS. 2.1 The exemption set forth in Section 1 above (the “Ownership Limit Waiver”) shall not be effective if and to the extent that, as a result of Vornado’s ownership of Equity Stock of the Company permitted by reason of the Ownership Limit Waiver:
LIMITATIONS AND OTHER MATTERS. (a) Except in the case of Fraud:
LIMITATIONS AND OTHER MATTERS. 2.1. The Ownership Limit Waiver shall not be effective if and to the extent that, as a result of Xxxxx & Steers’ ownership of Equity Stock of the Company permitted by reason of the Ownership Limit Waiver:
LIMITATIONS AND OTHER MATTERS. 2.1 The exemption set forth in Section 1 above (the "Ownership Limit Waiver") shall not be effective if and to the extent that, as a result of any Person's ownership of Preferred Shares and/or Common Shares permitted by reason of the Ownership Limit Waiver any individual (within the meaning of Section 542(a)(2) of the Code, determined taking into account Section 856(h)(3)(A) of the Code) would be considered to have Beneficial Ownership of the Company's stock that violates the Ownership Limit (determined without regard to any waiver otherwise granted pursuant to Section 1 hereof), as increased by the Board pursuant to Section 12.9
LIMITATIONS AND OTHER MATTERS
