Common use of REIT Treatment Clause in Contracts

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any 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 best interests of the Company to be so qualified.

Appears in 13 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

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REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20172021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any 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 best interests of the Company to be so qualified.

Appears in 10 contracts

Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20172015, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any 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 best interests of the Company to be so qualified.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Rexford Industrial Realty, Inc.), Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Rexford Industrial Realty, Inc.)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, 2015 and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT electioneach subsequent year thereafter, unless and until the Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to be so qualified.

Appears in 5 contracts

Samples: Equity Distribution Agreement (American Assets Trust, L.P.), American Assets Trust, L.P., American Assets Trust, L.P.

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, 2018 and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT electioneach subsequent year thereafter, unless and until the Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to be so qualified.

Appears in 5 contracts

Samples: Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, 2021 and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT electioneach subsequent year thereafter, unless and until the Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to be so qualified.

Appears in 5 contracts

Samples: Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.), Equity Distribution Agreement (American Assets Trust, L.P.)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20172012, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for subsequent tax years unless and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless until the Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to be so qualified.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Hudson Pacific Properties, Inc.), Equity Distribution Agreement (Hudson Pacific Properties, Inc.), Equity Distribution Agreement (Hudson Pacific Properties, Inc.)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, 2013 and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT electioneach subsequent year thereafter, unless and until the Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to be so qualified.

Appears in 4 contracts

Samples: Equity Distribution Agreement (American Assets Trust, Inc.), Equity Distribution Agreement (American Assets Trust, Inc.), Distribution Agreement (American Assets Trust, Inc.)

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REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 20172018, and the Company will use its best efforts to continue to qualify meet the requirements for qualification and taxation as a REIT under the Code unless and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless until the Company’s board of directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to be so qualified.

Appears in 2 contracts

Samples: Sales Agreement (Tier Reit Inc), Sales Agreement (Tier Reit Inc)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, and the Company will use its best efforts to continue to qualify meet the requirements for qualification and taxation as a REIT under the Code and will not take any 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 best interests of the Company to be so qualified, for subsequent tax years that include any portion of the term of this Agreement or any Terms Agreement.

Appears in 1 contract

Samples: Terms Agreement (NETSTREIT Corp.)

REIT Treatment. 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 for its taxable year ending December 31September 30, 20172020, and the Company will use its best efforts all future taxable years, subject to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate future good faith determination by the Company’s REIT election, unless the Company’s board Board of directors determines in good faith Directors that it is no longer in the Company’s best interests of to qualify as a REIT under the Company to be so qualifiedCode.

Appears in 1 contract

Samples: Terms Agreement (Monmouth Real Estate Investment Corp)

REIT Treatment. The Company will use its best efforts to continue to meet the requirements for qualification and taxation as a REIT under the Code for its the taxable year ending December 31, 2017, 2009 and for its future taxable years that include any portion of the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT electionterm of this Agreement, unless the Company’s board Board of directors Trustees determines in good faith that it is no longer in the best interests of the Company to be so qualified.

Appears in 1 contract

Samples: Sales Agreement (Hersha Hospitality Trust)

REIT Treatment. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2017, and the Company will use its best efforts to continue to qualify meet the requirements for qualification and taxation as a REIT under the Code unless and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless until the Company’s board of directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to be so qualified.

Appears in 1 contract

Samples: Sales Agreement (Tier Reit Inc)

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