Common use of REIT Qualifications Clause in Contracts

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

Appears in 4 contracts

Samples: Advisory Agreement (Inland Western Retail Real Estate Trust Inc), Advisory Agreement (Inland Western Retail Real Estate Trust Inc), Advisory Agreement (Inland Retail Real Estate Trust Inc)

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

Appears in 3 contracts

Samples: Advisory Agreement (Inland Western Retail Real Estate Trust Inc), Advisory Agreement (Inland Western Retail Real Estate Trust Inc), Amended and Restated Advisory Agreement (Inland Western Retail Real Estate Trust Inc)

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

Appears in 3 contracts

Samples: Advisory Agreement (G Reit Inc), Advisory Agreement (T Reit Inc), Advisory Agreement (T Reit Inc)

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REIT Qualifications. Notwithstanding any other provision of this Agreement to the contrary, the Advisor Acquisitions shall refrain from any action which, in its reasonable judgment or in any the judgment of the Board of Directors of which the Advisor has written noticeDirectors, would adversely affect the qualification of the Company as a REIT under the Internal Revenue Code of 1986, as amended, or which would violate any law, rule or regulation of any governmental body or agency having jurisdiction over the Company or its securities, or which would otherwise not be permitted by the Articles articles of Incorporationincorporation of the Company. If any such action is ordered by the Board of Directors, the Advisor Acquisitions shall promptly notify the Board of Directors of the AdvisorAcquisition's judgment that such action would adversely affect such status or violate any such law, rule or regulation or the Articles such articles of Incorporation incorporation and shall refrain from taking such action pending further clarification or instruction from the Board of Directors.

Appears in 2 contracts

Samples: Service Agreement (Inland Retail Real Estate Trust Inc), Property Acquisition Service Agreement (Inland Western Retail Real Estate Trust Inc)

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