Common use of REIT Protection Clause in Contracts

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement shall be interpreted consistent with this intent.

Appears in 6 contracts

Samples: Master Lease (SHG Services, Inc.), Master Lease (Windstream Services, LLC), Ilec Master Lease (Uniti Group Inc.)

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REIT Protection. (a) The parties Parties hereto intend that Rent and all other amounts paid by Tenant hereunder will qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Master Lease shall be interpreted consistent consistently with this intent.

Appears in 4 contracts

Samples: Master Lease (Seritage Growth Properties), Master Lease (Seritage Growth Properties), Master Lease (Sears Holdings Corp)

REIT Protection. (a) The parties hereto Parties intend that the Rent and all other amounts paid by Tenant hereunder will under this Lease shall qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent consistently with this intent.

Appears in 4 contracts

Samples: Distribution Center Master Lease (Copper Property CTL Pass Through Trust), Retail Master Lease (Copper Property CTL Pass Through Trust), Distribution Center Master Lease (J C Penney Co Inc)

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Master Lease shall be interpreted consistent with this intent.

Appears in 4 contracts

Samples: Master Lease (MGM Resorts International), Master Lease (VICI Properties L.P.), Master Lease (MGM Resorts International)

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent with this intent.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Wynn Resorts LTD), Master Lease (MGM Growth Properties Operating Partnership LP), Purchase Agreement (MGM Resorts International)

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REIT Protection. (a) 36.1.1 The parties hereto intend that Rent and other amounts paid by Tenant Lessee hereunder will qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Master Lease shall be interpreted consistent with this intent.

Appears in 2 contracts

Samples: Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease (Sun Healthcare Group Inc)

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement Lease shall be interpreted consistent with this intent.

Appears in 1 contract

Samples: Lease Agreement (Big Lots Inc)

REIT Protection. (a) The parties hereto intend that Rent and other amounts paid by Tenant hereunder will qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto and this Agreement shall be interpreted consistent with this intent.

Appears in 1 contract

Samples: Master Lease

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