Common use of REIT Qualifications Clause in Contracts

REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock or its Real Estate Assets, or that would otherwise not be permitted by the Charter. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s judgment, the action would adversely affect the Company’s status as a REIT or violate any law, rule or regulation or the Charter, and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 8 contracts

Samples: Business Management Agreement (Inland Real Estate Income Trust, Inc.), Business Management Agreement (IPC Alternative Real Estate Income Trust, Inc.), Business Management Agreement (Inland Real Estate Income Trust, Inc.)

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REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock Company or its Real Estate AssetsSecurities, or that would otherwise not be permitted by the CharterArticles of Incorporation. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s judgment, the action would adversely affect the Company’s status as a REIT or violate any a law, rule or regulation or the Charter, Articles of Incorporation and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 7 contracts

Samples: Business Management Agreement (Inland Diversified Real Estate Trust, Inc.), Business Management Agreement (Inland Diversified Real Estate Trust, Inc.), Business Management Agreement (Inland Diversified Real Estate Trust, Inc.)

REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock Company or its Real Estate AssetsSecurities, or that would otherwise not be permitted by the CharterArticles of Incorporation. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s judgment, the action would adversely affect the Company’s status as a REIT or violate any law, rule or regulation or the Charter, Articles of Incorporation and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 5 contracts

Samples: Business Management Agreement (Inland American Real Estate Trust, Inc.), Business Management Agreement (Inland American Real Estate Trust, Inc.), Business Management Agreement (Inland American Real Estate Trust, Inc.)

REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock Company or its Real Estate AssetsSecurities, or that would otherwise not be permitted by the CharterArticles of Incorporation. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s 's judgment, the action would adversely affect the Company’s 's status as a REIT or violate any law, rule or regulation or the Charter, Articles of Incorporation and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 3 contracts

Samples: Business Management Agreement (Inland American Real Estate Trust, Inc.), Business Management Agreement (Inland American Real Estate Trust, Inc.), Business Management Agreement (Inland American Real Estate Trust, Inc.)

REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock or its Real Estate Assets, or that would otherwise not be permitted by the Charter. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s judgment, the action would adversely affect the Company’s status as a REIT or violate any law, rule or regulation or the Charter, Charter and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 3 contracts

Samples: Form of Business Management Agreement (Inland Monthly Income Trust, Inc.), Form of Business Management Agreement (Inland Core Assets Real Estate Trust, Inc.), Form of Business Management Agreement (Inland Core Assets Real Estate Trust, Inc.)

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REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock Company or its Real Estate Assetssecurities, or that would otherwise not be permitted by the CharterArticles of Incorporation. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s 's judgment, the action would adversely affect the Company’s 's status as a REIT or violate any a law, rule or regulation or the Charter, Articles of Incorporation and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 2 contracts

Samples: Business Management Agreement (Inland Diversified Real Estate Trust, Inc.), Business Management Agreement (Inland Diversified Real Estate Trust, Inc.)

REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Business Manager shall refrain from taking any action that, in its reasonable judgment or in any judgment of the Board of Directors of which the Business Manager has written notice, would adversely affect the qualification of the Company as a REIT under the Code or that would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company, its Equity Stock Company or its Real Estate Assetssecurities, or that would otherwise not be permitted by the CharterArticles of Incorporation. If any such action is ordered by the Board of Directors, the Business Manager shall promptly notify the Board of Directors that, in the Business Manager’s judgment, the action would adversely affect the Company’s status as a REIT or violate any a law, rule or regulation or the Charter, Articles of Incorporation and that the Business Manager shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 1 contract

Samples: Business Management Agreement (Inland Diversified Real Estate Trust, Inc.)

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