Common use of Tax Shelter Regulations Clause in Contracts

Tax Shelter Regulations. Neither the Borrower nor any Subsidiary intends to treat the Loans or the transactions contemplated by this Agreement and the other Loan Documents as being “reportable transactions” (within the meaning of Treasury Regulation Section 1.6011-4). If the Borrower or any Subsidiary determines to take any action inconsistent with such intention, the Borrower will promptly notify the Agent thereof. If the Borrower so notifies the Agent, the Borrower acknowledges that the Agent or any Lender may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and the Lender will maintain the lists and other records, including the identity of the applicable party to the Loans as required by such Treasury Regulation.

Appears in 3 contracts

Samples: Term Loan Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

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Tax Shelter Regulations. Neither the Borrower Borrower, General Partner nor any Subsidiary subsidiary of any of the foregoing intends to treat the Loans Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transactionstransaction” (within the meaning of Treasury Regulation Section 1.6011-4). If the Borrower or any Subsidiary other such Person determines to take any action inconsistent with such intention, the Borrower will shall promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that Administrative Agent and the Agent or any Lender Banks may treat the Loans Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Administrative Agent and the Lender Banks will maintain the lists and other records, including the identity of the applicable party to the Loans Loan as required by such Treasury Regulation.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Vornado Realty Trust), Revolving Credit Agreement (Vornado Realty Lp)

Tax Shelter Regulations. Neither the Borrower No Loan Party, nor any Subsidiary subsidiary of any of the foregoing, intends to treat the Loans or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transactionstransaction” (within the meaning of Treasury Regulation Section 1.6011-4). If the Borrower Borrower, or any Subsidiary other party to the Loans determines to take any action inconsistent with such intention, the Borrower will promptly notify the Agent Lender thereof. If the Borrower so notifies the AgentLender, the Borrower acknowledges that the Agent or any Lender may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and the Lender will maintain the lists and other records, including the identity of the applicable party to the Loans as required by such Treasury Regulation.

Appears in 2 contracts

Samples: Construction Loan Agreement (Global Growth Trust, Inc.), Construction Loan Agreement (Global Growth Trust, Inc.)

Tax Shelter Regulations. Neither the Borrower Guarantor nor any Subsidiary Borrower intends to treat the Loans or the transactions contemplated by this Agreement and the other Loan Documents as being a "reportable transactions” transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If In the Borrower event the Guarantor or any Subsidiary Borrower determines to take any action inconsistent with such intention, the Borrower it will promptly notify the Agent thereof. If the Guarantor or any Borrower so notifies the Agent, the Borrower Guarantor and the Borrowers acknowledges that one or more of the Agent or any Lender Lenders may treat the its Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and the such Lender or Lenders, as applicable, will maintain the lists and other records, including the identity of the applicable party to the Loans as records required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (V F Corp)

Tax Shelter Regulations. Neither any Borrower, the Borrower Guarantor, nor any Subsidiary subsidiary of any of the foregoing intends to treat the Loans Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transactionstransaction” (within the meaning of Treasury Regulation Section 1.6011-4). If the Borrower any Borrower, or any Subsidiary other party to the Loan determines to take any action inconsistent with such intention, the Borrower Borrowers will promptly notify the Agent Lender thereof. If the Borrower Borrowers so notifies the Agentnotify Lender, the Borrower acknowledges Borrowers acknowledge that the Agent or any Lender may treat the Loans Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and the Lender will maintain the lists and other records, including the identity of the applicable party to the Loans Loan as required by such Treasury Regulation.

Appears in 1 contract

Samples: Construction Loan Agreement (DC Industrial Liquidating Trust)

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Tax Shelter Regulations. Neither the Borrower Borrower, Parent nor any Subsidiary of their Subsidiaries intends to treat the Loans or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transactionstransaction” (within the meaning of Treasury Regulation Section 1.6011-4). If the Borrower or any Subsidiary other party to the Loans determines to take any action inconsistent with such intention, the Borrower will promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that the Agent or any Lender Lenders may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and the Lender Lenders will maintain the lists and other records, including the identity of the applicable party to the Loans as to the extent required by such Treasury Regulation.

Appears in 1 contract

Samples: Credit Agreement (Highland Hospitality Corp)

Tax Shelter Regulations. (a) Neither the Borrower Borrower, General Partner nor any Subsidiary subsidiary of any of the foregoing intends to treat the Loans Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a "reportable transactions” transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the Borrower or any Subsidiary other such Person determines to take any action inconsistent with such intention, the Borrower will shall promptly notify the Administrative Agent thereof. If the Borrower so notifies the Administrative Agent, the Borrower acknowledges that Administrative Agent and the Agent or any Lender Banks may treat the Loans Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Administrative Agent and the Lender Banks will maintain the lists and other records, including the identity of the applicable party to the Loans Loan as required by such Treasury Regulation.

Appears in 1 contract

Samples: Revolving Credit Agreement (Vornado Realty Trust)

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