Common use of REIT Qualifications Clause in Contracts

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 2010, or the first year during which the Company begins material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 6 contracts

Samples: Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Exclusive Dealer Manager Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

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REIT Qualifications. The Company will make a timely election to be subject to tax taxation as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 20102015, or the first year during which the Company begins material operations, if later. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Nexpoint Multifamily Realty Trust, Inc.), Dealer Manager Agreement (NexPoint Hospitality Trust, Inc.), Form of Dealer Manager Agreement (Nexpoint Multifamily Realty Trust, Inc.)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) ), for its taxable year ended ending December 31, 20102015, or the first year during which the Company begins material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 5 contracts

Samples: Dealer Manager Agreement (Inland Residential Properties Trust, Inc.), Dealer Manager Agreement (Inland Residential Properties Trust, Inc.), Soliciting Dealer Agreement (Inland Residential Properties Trust, Inc.)

REIT Qualifications. The Company will make made a timely election to be subject to tax as a REIT real estate investment trust (a “REIT”) pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for ), beginning with its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2011. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 4 contracts

Samples: Management Agreement (Preferred Apartment Communities Inc), Preferred Apartment Communities Inc, Preferred Apartment Communities Inc

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended ending December 31, 20102014, or the first year during which the Company begins material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 4 contracts

Samples: Escrow Agreement (Inland Residential Properties Trust, Inc.), Escrow Agreement (Inland Residential Properties Trust, Inc.), Soliciting Dealer Agreement (Inland Retail Properties Trust V, Inc.)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 20102013, or the first year during which the Company begins material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Corporate Property Associates 18 Global Inc), Dealer Manager Agreement (Corporate Property Associates 18 Global Inc), Dealer Manager Agreement (Corporate Property Associates 18 Global Inc)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT real estate investment trust (“REIT”) pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) ), for its taxable year ended December 31, 2010, or 31 of the first year during in which the Company begins commences material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus Memorandum will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Invesco Commercial Real Estate Finance Trust, Inc.), Manager Agreement (Invesco Commercial Real Estate Finance Trust, Inc.), Dealer Manager Agreement (Invesco Commercial Real Estate Finance Trust, Inc.)

REIT Qualifications. The Company will make made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for beginning with its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2011. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Preferred Apartment Communities Inc), Dealer Manager Agreement (Preferred Apartment Communities Inc)

REIT Qualifications. The Company will make made a timely election to be subject to tax as a REIT real estate investment trust (a "REIT") pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the "Code”) for "), beginning with its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2011. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 3 contracts

Samples: Preferred Apartment (Preferred Apartment Communities Inc), Preferred Apartment Communities Inc, Preferred Apartment Communities Inc

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 20102015, or the first year during which the Company begins material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 3 contracts

Samples: Dealer Manager Agreement (Carey Watermark Investors 2 Inc), Dealer Manager Agreement (W. P. Carey Inc.), Dealer Manager Agreement (Carey Watermark Investors 2 Inc)

REIT Qualifications. The Company will make a timely has made an election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) ), for its taxable year ended ending December 31, 2010, or the first year during which the Company begins material operations2015. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Soliciting Dealer Agreement (Inland Residential Properties Trust, Inc.), Soliciting Dealer Agreement (Inland Residential Properties Trust, Inc.)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 20102015, or the first year during which the Company begins material operations. The Commencing with such taxable year, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s REIT under the Code, and its current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Selling Agreement (MVP REIT II, Inc.), Selling Agreement (MVP REIT II, Inc.)

REIT Qualifications. The Company will make has made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2007 and has not revoked such election. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Corporate Property Associates 17 - Global INC), Dealer Manager Agreement (Corporate Property Associates 17 - Global INC)

REIT Qualifications. The Company will make has made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2011 and has not revoked such election. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Carey Watermark Investors Inc), Dealer Manager Agreement (W. P. Carey Inc.)

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REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 2010____, or the first year during which the Company begins material operations. The Commencing with its taxable year ended December 31, 20__, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s REIT under the Code, and its current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Form of Dealer Manager Agreement (Terra Fixed Income Trust, Inc.), Dealer Manager Agreement (Terra Secured Income Trust, Inc.)

REIT Qualifications. The Company will make made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) ), for its taxable year ended ending December 31, 2010, or the first year during which the Company begins material operations2017. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Selected Dealer Agreement (InPoint Commercial Real Estate Income, Inc.), Dealer Manager Agreement (InPoint Commercial Real Estate Income, Inc.)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 20102012, or the first year during which the Company begins material operations. The Commencing with such taxable year, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s REIT under the Code, and its current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 2 contracts

Samples: Selling Agreement (MVP REIT, Inc.), Selling Agreement (MVP REIT, Inc.)

REIT Qualifications. The Company will make made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for beginning with its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2020. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REITREIT under the Code. The Company’s current and proposed planned method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 1 contract

Samples: Dealer Manager Agreement (NexPoint Real Estate Finance, Inc.)

REIT Qualifications. The Company will intends to make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) ), for its taxable year ended ending December 31, 2010, or the first year during which the Company begins material operations2024. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 1 contract

Samples: Dealer Manager Agreement (IPC Alternative Real Estate Income Trust, Inc.)

REIT Qualifications. The Company will make has made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the "Code") for commencing with its taxable year ended that will end December 31, 20102016. Commencing with such taxable year, or the first year during which the Company begins material operations. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s REIT under the Code, and its current and proposed method of operation as described in the Registration Statement and the Prospectus PPM will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 1 contract

Samples: Agent Agreement (MVP REIT II, Inc.)

REIT Qualifications. The Company will make made a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for beginning with its taxable year ended December 31, 2010, or the first year during which the Company begins material operations2013. The Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 1 contract

Samples: Dealer Manager Agreement (Braemar Hotels & Resorts Inc.)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 20102016, or the first year during which the Company begins material operations. The Commencing with such taxable year, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s REIT under the Code, and its current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 1 contract

Samples: Selling Agreement (MVP REIT II, Inc.)

REIT Qualifications. The Company will make a timely election to be subject to tax as a REIT pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”) for its taxable year ended December 31, 2010, or the first year during which the Company begins material operations. The Commencing with its taxable year ended December 31, 20 , the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT. The Company’s REIT under the Code, and its current and proposed method of operation as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code.

Appears in 1 contract

Samples: Selling Agreement (MVP Monthly Income Realty Trust, Inc.)

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