Status as a REIT. The REIT (i) is a real estate investment trust as defined in Section 856 of the Internal Revenue Code (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Internal Revenue Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Internal Revenue Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Internal Revenue Code.
Status as a REIT. The Borrower (i) is a real estate investment trust as defined in Section 856 of the Code (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.
Status as a REIT. The Borrower shall at all times ---------------- maintain its status as a real estate investment trust under the Code.
Status as a REIT. The General Partner shall at all times maintain its status as a real estate investment trust under the Code and remain sole general partner of the Borrower. Neither the Borrower nor the General Partner will agree to amend or otherwise modify the provisions of Section 3.2 of the limited partnership agreement of the Borrower, as in effect on the date of this Agreement, without the prior written consent of the Required Banks (which consent the Banks hereby agree not to unreasonably withhold or delay).
Status as a REIT. The Borrower (i) is a real estate investment trust as defined in Section 856 of the Internal Revenue Code (the "Code") (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.
Status as a REIT. Borrower (i) is a real estate investment trust as defined in Section 856 of the Code (or any successor provision thereto), (ii) has not revoked its election to be a real estate investment trust, (iii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code (or any successor provision thereto), and (iv) for its current "tax year" (as defined in the Code) is and for all prior tax years subsequent to its election to be a real estate investment trust has been entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code.
Status as a REIT. Borrower (i) is a real estate investment trust as defined in Section 856 of the Code, (ii) has not engaged in any "prohibited transactions" as defined in Section 857(b)(6)(B)(iii) of the Code, (iii) for its current "tax year" (as defined in the Code) is, and shall remain, entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code and (iv) its ownership and method of operation enable it to meet the requirements for taxation as a real estate investment trust under the Code.
Status as a REIT. The REIT (i) shall for its first taxable year elect to qualify (but has not so elected as of the Closing Date), and for each subsequent taxable year shall maintain its classification, as a real estate investment trust as defined in Section 856 of the Code, (ii) has not engaged in any "prohibited transactions" as defined in Section 856(b)(6)(iii) of the Code, (iii) for its current "tax year" (as defined in the Code) is, and for all taxable years subsequent to its election to be a real estate investment trust shall remain, entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code and (iv) its ownership and method of operation enable it to meet the requirements for taxation as a real estate investment trust under the Code.
Status as a REIT. At all times prior to the consummation of the Host Transaction, Starwood REIT (i) is organized in conformity with the requirements for qualification as a real estate investment trust under the Code, (ii) has met all of the requirements for qualification as a real estate investment trust under the Code for the Fiscal Year ended December 31, 2004 and (iii) is in a position to qualify for its current Fiscal Year as a real estate investment trust under the Code and its proposed methods of operation will enable it to so qualify.
Status as a REIT. The REIT (i) has, since the beginning of its first taxable year, qualified and maintained, and shall maintain, its classification as a real estate investment trust as defined in Section 856 of the Code, (ii) has not engaged in any “prohibited transactions” as defined in Section 857(b)(6)(B)(iii) of the Code that could reasonably be expected to have a Material Adverse Effect, (iii) for its current “tax year” (as defined in the Code) is, and for all subsequent taxable years shall be entitled to a dividends paid deduction which meets the requirements of Section 857 of the Code and (iv) its ownership and method of operation enable it to meet the requirements for taxation as a real estate investment trust under the Code.
