Remedies Not Limited. Subject to Section 7.6 hereof, nothing contained in this Section 6.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification as a REIT.
Appears in 5 contracts
Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof5.7 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.), Limited Liability Company Agreement (Colony NorthStar, Inc.), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof5.7 of the Charter, nothing contained in this Section 6.1 9(b) shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Spirit Realty Capital, Inc.), Agreement and Plan of Merger (Spirit Realty Capital, Inc.), Agreement and Plan of Merger (Realty Income Corp)
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 8.1 shall limit the authority of the Board of Directors to take such other action actions as it deems necessary or advisable to protect the Corporation Company and the interests of its stockholders Members in preserving the CorporationCompany’s qualification as a REIT.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC)
Remedies Not Limited. Subject to Section 7.6 hereofof the Charter, nothing contained in this Section 6.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification 's status as a REIT.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (MVP REIT, Inc.), Agreement and Plan of Merger (MVP REIT II, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof4.7, nothing contained in this Section 6.1 6.2 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof17.6(e) and Article III, nothing contained in this subparagraph (3) of this Section 6.1 17.6(c) shall limit the authority of the Board of Directors Trustees to take such other action as it deems necessary or advisable to protect the Corporation Company and the interests of its stockholders shareholders in preserving the Corporation’s qualification Company's status as a REIT.
Appears in 2 contracts
Samples: Employment Agreement (Kranzco Realty Trust), Employment Agreement (Cv Reit Inc)
Remedies Not Limited. Subject to Section 7.6 hereofSections 5.6 and 7.4 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors of the Corporation to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.REIT or ensuring that the Foreign Ownership Percentage is not exceeded. Section 7.2.6
Appears in 1 contract
Samples: Equityholders Agreement
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 7 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving by preservation of the Corporation’s qualification status as a REIT.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MPG Office Trust, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereof5.5 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification prospective or ongoing status as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereof7.10, nothing contained in this Section 6.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders Stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Carey Watermark Investors 2 Inc)
Remedies Not Limited. Subject to Section 7.6 hereofARTICLE FIFTH, nothing contained in this Section 6.1 clause (b) shall limit the authority of the Board of Directors of the Corporation to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereof, nothing Nothing contained in this Section 6.1 Article shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification 's status as a REIT.
Appears in 1 contract
Remedies Not Limited. Subject to Section 7.6 hereof8.6 of the Charter, nothing contained in this Section 6.1 7.1 shall limit the authority of the Board of Directors to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REIT.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cole Credit Property Trust III, Inc.)
Remedies Not Limited. Subject to Section 7.6 hereofSections 5.6 and 7.4 of the Charter, nothing contained in this Section 6.1 7.2 shall limit the authority of the Board of Directors of the Corporation to take such other action as it deems necessary or advisable to protect the Corporation and the interests of its stockholders in preserving the Corporation’s qualification status as a REITREIT or ensuring that the Foreign Ownership Percentage is not exceeded.
Appears in 1 contract
