Common use of Real Property Holding Company Clause in Contracts

Real Property Holding Company. The Company is not a "United States real property holding corporation" (as that term is defined in Treasury Regulation section 1.897-2(b)). If at any time in the future the Company shall become a "United States real property holding corporation," the Company shall, as promptly as practicable, notify the Investor of such change in status. Within 30 days after receipt of a request from the Investor, the Company shall prepare and deliver to the Investor the statement required under Treasury Regulation section 1.897-2(h)(l)(i) and either or both of the following documents: (i) an affidavit in conformance with the requirements of Section 1445(b)(3) of the Code or (ii) a notarized statement, executed by an officer having actual knowledge of the facts, that the shares of Company stock held by the Investor are of a class that is regularly traded on an established securities market, within the meaning of Section 1445(b)(6) of the Code. If the Company is unable to provide either document described in (i) or (ii) above, if requested, it shall promptly notify the Investor in writing of the reasons for such inability. Finally, upon the request of the Investor and without regard to whether either document described in (i) or (ii) above has been requested, the Company shall cooperate fully with the efforts of the Investor to obtain a "qualifying statement," within the meaning of Section 1445(b)(4) of the Code, or such other documents as would excuse a transferee of the Investor's interest from withholding of income tax imposed pursuant to Section 1445(a) of the Code.

Real Property Holding Company. The Company is not a "United States real property holding corporation" (as that term is defined in Treasury Regulation section Section 1.897-2(b)). If at any time in the future the Company shall become a "United States real property holding corporation," the Company shall, as promptly as practicable, notify the each foreign Investor of such change in status. Within 30 days after receipt of a request from the a foreign Investor, the Company shall prepare and deliver to the such foreign Investor the statement required under Treasury Regulation section Section 1.897-2(h)(l)(i) and either or both of the following documents: (i) an affidavit in conformance with the requirements of Section 1445(b)(3) of the Code or (ii) a notarized statement, executed by an officer having actual knowledge of the facts, that the shares of Company stock held by the such foreign Investor are of a class that is regularly traded on an established securities market, within the meaning of Section 1445(b)(6) of the Code. If the Company is unable to provide either document described in (i) or (ii) above, if requested, it shall promptly notify the such foreign Investor in writing of the reasons for such inability. Finally, upon the request of the a foreign Investor and without regard to whether either document described in (i) or (ii) above has been requested, the Company shall cooperate fully with the efforts of the such foreign Investor to obtain a "qualifying statement," within the meaning of Section 1445(b)(4) of the Code, or such other documents as would excuse a transferee of the a foreign Investor's interest from withholding of income tax imposed pursuant to Section 1445(a) of the Code.