Common use of Tax Shelter Representation Clause in Contracts

Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate 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 transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REIT, or any other party to the Loans determines to take any action inconsistent with such intention, the REIT will promptly notify Lender thereof. If the REIT so notifies Lender, Borrower acknowledges that Lender may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and 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: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Equity Lifestyle Properties Inc)

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Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate 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 transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REITBorrower, or any other party to the Loans Loans, determines to take any action inconsistent with such intention, the REIT Borrower will promptly notify Lender thereof. If the REIT Borrower so notifies Lender, Borrower acknowledges that Lender may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender will maintain the lists and other records, including the identity of the applicable party to the Loans Loans, as required by such Treasury Regulation.

Appears in 2 contracts

Samples: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Equity Lifestyle Properties Inc)

Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate 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 transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REITBorrower, or any other party to the Loans determines to take any action inconsistent with such intention, the REIT Borrower will promptly notify Lender Lenders thereof. If the REIT Borrower so notifies LenderLenders, Borrower acknowledges that Lender Lenders may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders 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: Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate 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 transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REIT, or any other party to the Loans determines to take any action inconsistent with such intention, the REIT will promptly notify Lender Lenders thereof. If the REIT so notifies LenderLenders, Borrower acknowledges that Lender Lenders may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders 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: Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate of any either of the foregoing intends to treat the Loans or the transactions contemplated by this Agreement and the other Loan Documents as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REITBorrower, or any other party to the Loans determines to take any action inconsistent with such intention, the REIT Borrower will promptly notify Lender Lenders thereof. If the REIT Borrower so notifies LenderLenders, Borrower acknowledges that Lender Lenders may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders 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 1 contract

Samples: Credit Agreement (Manufactured Home Communities Inc)

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Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate of any either of the foregoing intends to treat the Loans or the transactions contemplated by this Agreement and the other Loan Documents as being a "reportable transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REIT, or any other party to the Loans determines to take any action inconsistent with such intention, the REIT will promptly notify Lender Lenders thereof. If the REIT so notifies LenderLenders, Borrower acknowledges that Lender Lenders may treat the Loans as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders 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 1 contract

Samples: Credit Agreement (Manufactured Home Communities Inc)

Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate 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 transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REIT, or any other party to the Loans Loan determines to take any action inconsistent with such intention, the REIT will promptly notify Lender Lenders thereof. If the REIT so notifies LenderLenders, Borrower acknowledges that Lender Lenders may treat the Loans Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders 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: Term Loan Agreement (Manufactured Home Communities Inc)

Tax Shelter Representation. Neither Borrower, MHC Trust, the REIT nor any Affiliate 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 transaction" (within the meaning of Treasury Regulation Section 1.6011-4). If the REITBorrower, or any other party to the Loans Loan determines to take any action inconsistent with such intention, the REIT Borrower will promptly notify Lender Lenders thereof. If the REIT Borrower so notifies LenderLenders, Borrower acknowledges that Lender Lenders may treat the Loans Loan as part of a transaction that is subject to Treasury Regulation Section 301.6112-1, and Lender Lenders 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: Term Loan Agreement (Manufactured Home Communities Inc)

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