Common use of REIT Qualification Clause in Contracts

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 63 contracts

Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (Monmouth Real Estate Investment Corp), Underwriting Agreement (American Finance Trust, Inc)

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REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.

Appears in 18 contracts

Samples: Agreement (CBL & Associates Limited Partnership), Equity Offeringsm Sales Agreement (Cedar Realty Trust, Inc.), Sales Agreement (Cedar Realty Trust, Inc.)

REIT Qualification. The Company will use its best efforts to continue enable the Company to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests of the Company to qualify as a REIT.

Appears in 16 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Equity Distribution Agreement (Two Harbors Investment Corp.), Equity Distribution Agreement (New York Mortgage Trust Inc)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Trustees of the Company deems it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REITremain so qualified.

Appears in 15 contracts

Samples: Underwriting Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust), Purchase Agreement (Pebblebrook Hotel Trust)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests of the Company and its stockholders to qualify as a REIT.

Appears in 11 contracts

Samples: Equity Offering Sales Agreement (Americold Realty Trust), Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for maintain its qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 11 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Trustees of the Company determines that it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REIT.

Appears in 11 contracts

Samples: Underwriting Agreement (Americold Realty Trust), Underwriting Agreement (Americold Realty Trust), Equity Offering Sales Agreement (Americold Realty Trust)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Board of Trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.

Appears in 10 contracts

Samples: Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (LaSalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors trustees that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 9 contracts

Samples: Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.), Underwriting Agreement (CubeSmart, L.P.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board of directors that trustees of the Company deems it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REITremain so qualified.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust), Equity Distribution Agreement (Pebblebrook Hotel Trust)

REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 9 contracts

Samples: Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.), Equity Distribution Agreement (Blackstone Mortgage Trust, Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests interest of the Company to qualify as a REIT.

Appears in 9 contracts

Samples: Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Realty LTD Partnership), Underwriting Agreement (Highwoods Realty LTD Partnership)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.

Appears in 8 contracts

Samples: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s 's board of directors that it is no longer in the Company’s 's best interests to qualify as a REIT.

Appears in 8 contracts

Samples: Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (American Capital Agency Corp)

REIT Qualification. The Company will currently intends to continue to qualify as a REIT under the Code, and use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 8 contracts

Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (CommonWealth REIT), Underwriting Agreement (Office Properties Income Trust)

REIT Qualification. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.

Appears in 8 contracts

Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)

REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 7 contracts

Samples: Terms Agreement (American Finance Trust, Inc), Underwriting Agreement (Global Net Lease, Inc.), Agreement (American Finance Trust, Inc)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by unless the Company’s board of directors that determines it is no longer in the Company’s shareholders’ best interests to qualify as a REITdo so.

Appears in 5 contracts

Samples: Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CBL & Associates Properties Inc)

REIT Qualification. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 5 contracts

Samples: Great Ajax Corp., Great Ajax Corp., Great Ajax Corp.

REIT Qualification. The Company will use its best commercially reasonable efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for each of its taxable years, subject to any future determination by for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), W. P. Carey Inc.

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for its taxable year ending December 31, subject to any 2012 and for its future determination by taxable years, unless a majority of the independent members of the Company’s board of directors determines in good faith that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 4 contracts

Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Sales Agreement (Hatteras Financial Corp)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject and to not take any future determination by action to revoke or otherwise terminate the Company’s REIT election, unless the Company’s board of directors determines in good faith that it is no longer in the Company’s best interests of the Company to qualify as a REITbe so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation requirement to qualify as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests 's shareholders to qualify as a REITremain so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Lasalle Hotel Properties), Underwriting Agreement (Lasalle Hotel Properties), Lasalle Hotel Properties

REIT Qualification. The Company will continue to use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 3 contracts

Samples: Common Stock (Great Ajax Corp.), Great Ajax Corp., Great Ajax Corp.

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future good faith determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REITREIT under the Code.

Appears in 3 contracts

Samples: Umh Properties, Inc., Umh Properties, Inc., Umh Properties, Inc.

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REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by unless the Company’s board Board of directors that Directors determines it is no longer in the Company’s stockholders’ best interests to qualify as a REITdo so.

Appears in 2 contracts

Samples: Sales Agreement (Excel Trust, Inc.), Sales Agreement (Excel Trust, Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for its taxable year ending December 31, 2012 and, subject to any future determination by the Company’s 's board of directors that it is no longer in the Company’s 's best interests to qualify as a REIT, thereafter.

Appears in 2 contracts

Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.), Underwriting Agreement (American Capital Mortgage Investment Corp.)

REIT Qualification. The Company will elect to qualify as a REIT under the Code, and to use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REITREIT under the Code.

Appears in 2 contracts

Samples: Monmouth Real Estate Investment Corp, Monmouth Real Estate Investment Corp

REIT Qualification. The Company will use its best efforts to continue to meet the requirements to qualify for qualification and taxation as a REIT under the CodeCode for subsequent tax years that include any portion of the term of this Agreement, subject to any future determination by unless the Company’s board of directors determines in good faith that it is no longer in the Company’s best interests of the Company and its stockholders to so qualify as a REITor to be so qualified.

Appears in 2 contracts

Samples: Sales Agreement (Phillips Edison & Company, Inc.), Sales Agreement (Phillips Edison & Company, Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company and its stockholders to qualify as a REITremain so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)

REIT Qualification. The Company will currently intends to elect to qualify as a REIT under the Code, and use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)

REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the Company’s board Board of directors that Directors of the Company deems it is no longer in the Company’s best interests of the Company to qualify as a REITremain so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Home Properties Inc), Underwriting Agreement (Home Properties Inc)

REIT Qualification. The Company will use its best commercially reasonable efforts to continue enable the Company to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines that it is no longer in the Company’s best interests of the Company to qualify as a REIT.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Cypress Sharpridge Investments, Inc.), Equity Distribution Agreement (CYS Investments, Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation requirement to qualify as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of trustees deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Lasalle Hotel Properties)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the CodeCode for its taxable year ending December 31, 2013 and, subject to any future determination by the Company’s board of directors that it is no longer in the Company’s best interests to qualify as a REIT, thereafter.

Appears in 1 contract

Samples: Underwriting Agreement (American Capital Mortgage Investment Corp.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination unless it is determined by the Company’s board of directors that it is to be in the best interest of the Company for the Company to no longer in the Company’s best interests to qualify as a REITso qualify.

Appears in 1 contract

Samples: Purchase Agreement (CapLease, Inc.)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by Code for each of its taxable years for so long as the board of directors deems it in the best interests of the Company’s board of directors that it is no longer in the Company’s best interests securityholders to qualify as a REITremain so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (American Land Lease Inc)

REIT Qualification. The Company will use its best efforts to continue enable the Company to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board Board of directors Directors of the Company determines in that it is no longer in the Company’s best interests of the Company to qualify as a REIT.

Appears in 1 contract

Samples: Management Agreement (Ares Commercial Real Estate Corp)

REIT Qualification. The Company will use its reasonable best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code, subject to any future determination by the Company’s board of directors trustees that it is no longer in the Company’s best interests to qualify as a REIT.

Appears in 1 contract

Samples: Terms Agreement (Investors Real Estate Trust)

REIT Qualification. The Company will use its best efforts to continue to meet the requirements for qualification and taxation to qualify as a REIT under the Code, subject to any future determination by Code until the Company’s board of directors trustees of the Company determines that it is no longer in the Company’s best interests of the Company and its shareholders to qualify as a REIT.

Appears in 1 contract

Samples: Offeringsm Sales Agreement (Peakstone Realty Trust)

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