Common use of Maximum Distributions Clause in Contracts

Maximum Distributions. Parent Guarantor shall not make any Distributions in excess of the greater of (a) the amount which, after giving effect to the making of any such Distribution, would exceed (x) one hundred ten percent (110%), for the period from and after the Closing Date through and including May 1, 2019, and (y) one hundred percent (100%), at any time after May 1, 2019, of Funds from Operations of the Consolidated Group for the four (4) fiscal quarter period then most recently ended and (b) the amount of Distributions required for Parent Guarantor to comply with all applicable provisions of the Code necessary or required to allow Parent Guarantor to maintain its status as a real estate investment trust and to avoid imposition of income or excise taxes under the Code.

Appears in 2 contracts

Samples: Term Loan Agreement (Independence Realty Trust, Inc.), Term Loan Agreement (Independence Realty Trust, Inc.)

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Maximum Distributions. Parent Guarantor shall not make any Distributions in excess of the greater of (a) the amount which, after giving effect to the making of any such Distribution, would exceed (x) one hundred ten percent (110%), for the period from and after the Closing Date through and including May 19, 20192021, and (y) one hundred percent (100%), at any time after May 19, 20192021, of Funds from Operations of the Consolidated Group for the four (4) fiscal quarter period then most recently ended and (b) the amount of Distributions required for Parent Guarantor to comply with all applicable provisions of the Code necessary or required to allow Parent Guarantor to maintain its status as a real estate investment trust and to avoid imposition of income or excise taxes under the Code.

Appears in 1 contract

Samples: Credit Agreement (Independence Realty Trust, Inc.)

Maximum Distributions. Parent Guarantor shall not make any Distributions in excess of the greater of (a) the amount which, after giving effect to the making of any such Distribution, would exceed (x) one hundred ten percent (110%), for the period from and after the Closing Date DateMay 9, 2019 through and including May 119, 201920192021, and (y) one hundred percent (100%), at any time after May 119, 201920192021, of Funds from Operations of the Consolidated Group for the four (4) fiscal quarter period then most recently ended and (b) the NYDOCS03/1106944.11106944.3 amount of Distributions required for Parent Guarantor to comply with all applicable provisions of the Code necessary or required to allow Parent Guarantor to maintain its status as a real estate investment trust and to avoid imposition of income or excise taxes under the Code.

Appears in 1 contract

Samples: Term Loan Agreement (Independence Realty Trust, Inc.)

Maximum Distributions. Parent Guarantor shall not make any Distributions in excess of the greater of (a) the amount which, after giving effect to the making of any such Distribution, would exceed (x) one hundred ten percent (110%), for the period from and after the Closing Date DateMay 9, 2019 through and including May 119, 201920192021, and (y) one hundred percent (100%), at any time after May 119, 201920192021, of Funds from Operations of the Consolidated Group for the four (4) fiscal quarter period then most recently ended and (b) the amount of Distributions required for Parent Guarantor to comply with all applicable provisions of the Code necessary or required to allow Parent Guarantor to maintain its status as a real estate investment trust and to avoid imposition of income or excise taxes under the Code.

Appears in 1 contract

Samples: Term Loan Agreement (Independence Realty Trust, Inc.)

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Maximum Distributions. (a) Prior to the Investment Grade Rating Date, Parent Guarantor shall not make any Distributions in excess of the greater of (ai) the amount which, after giving effect to the making of any such Distribution, would exceed (x) one hundred ten percent (110100%), for the period from and after the Closing Date May 9, 2021 through and including May 1June 30, 20192022, and or (y) one hundred percent ninety-five (10095%), ) at any time after May 1June 30, 20192022, in either case of Funds from Operations of the Consolidated Group for the four (4) fiscal quarter period then most recently ended and (bii) the amount of Distributions required for Parent Guarantor to comply with all applicable provisions of the Code necessary or required to allow Parent Guarantor to maintain its status as a real estate investment trust and to avoid imposition of income or excise taxes under the Code.

Appears in 1 contract

Samples: And Consolidated Credit Agreement (Independence Realty Trust, Inc.)

Maximum Distributions. Parent Guarantor shall not make any Distributions in excess of the greater of (a) the amount which, after giving effect to the making of any such Distribution, would exceed (x) one hundred ten percent (110%), for the period from and after the Closing Date through and including May 1, 2019, and (y) one hundred percent (100%), at any time after May 1, 2019, of Funds from Operations of the NYDOCS03/1056463.7 Consolidated Group for the four (4) fiscal quarter period then most recently ended and (b) the amount of Distributions required for Parent Guarantor to comply with all applicable provisions of the Code necessary or required to allow Parent Guarantor to maintain its status as a real estate investment trust and to avoid imposition of income or excise taxes under the Code.

Appears in 1 contract

Samples: Credit Agreement (Independence Realty Trust, Inc)

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