XXXX Status. Parent has elected to be taxed as a REIT and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. Xxxxxx has elected to be taxed as a REIT and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. The Borrower (a) will elect to be taxed as a REIT beginning with its taxable year ending December 31, 2020, upon the filing of its federal income tax return for such year and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. From and after the date that the Borrower elects to qualify as a REIT, the Borrower shall maintain its status as a REIT.
XXXX Status. Parent (a) will elect to be taxed as a REIT beginning with its taxable year ending December 31, 2019 upon the filing of its federal income tax return for such year and will continue to operate in a manner so as to qualify as a REIT, and (b) will not revoke its election to be taxed as a REIT.
XXXX Status. Wolves in Idaho are no longer under the protection of the federal Endangered Species Act. On May 5, 2011, wolf management in all of Idaho reverted to state management under state code 36-1107 and Idaho's 2002 Wolf Conservation and Management Plan. [PDF, 662 KB]
XXXX Status. The EDC shall hold third (3rd) lien status and, any such lien status of EDC shall be subordinate to Developer’s Lender’s position on all phases of development. Such EDC lien shall exist until all required milestones as set forth in Section 4.1 (a) (above) and in this Agreement have been met by Developer, at which point it shall terminate and cease to be of any force or effect, and the EDC shall issue and file all documents necessary to terminate and remove such lien. Notwithstanding the foregoing, EDC’s lien status shall only be subordinate to Developer’s Lender’s lien(s).
XXXX Status. If the Issuer has designated Xxxxxxx Xxxxx as its independent registered municipal advisor (“XXXX”) for purposes of SEC Rule 15Ba1-1(d)(3)(vi) (the “XXXX exemption”), the Scope of Services is not deemed to be expanded to include all actual or potential issuances of municipal securities or municipal financial products merely because Xxxxxxx Xxxxx, as XXXX, reviews a third-party recommendation relating to a particular actual or potential issuance of municipal securities or municipal financial product not otherwise considered within the Scope of Services. Xxxxxxx Xxxxx is not responsible for verifying that it is independent (within the meaning of the XXXX exemption as interpreted by the SEC) from another party wishing to rely on the exemption from the definition of municipal advisor afforded under the XXXX exemption. Xxxxxxx Xxxxx requests that the Issuer provide to it, for review, any written representation of the Issuer contemplated under SEC Rule 15Ba1-1(d)(3)(vi)(B) that references Xxxxxxx Xxxxx, its personnel and its role as XXXX. In addition, Xxxxxxx Xxxxx requests that the Issuer not represent, publicly or to any specific person, that Xxxxxxx Xxxxx is Issuer’s XXXX with respect to any aspect of municipal financial products or the issuance of municipal securities, or with respect to any specific municipal financial product or any specific issuance of municipal securities, not within the Scope of Services without first discussing such representation with Xxxxxxx Xxxxx.
XXXX Status. The Parent Guarantor has taken all action necessary to qualify as a real estate investment trust under the Code for the taxable years of the Parent Guarantor ended December 31, 2016, 2017 and 2018 and has not taken any action which would prevent it from maintaining such qualification at all times during the term of this Agreement. Each Subsidiary of the Parent Guarantor that is treated as a corporation for U.S. federal income tax purposes is either (i) a “qualified REIT subsidiary” within the meaning of section 856(i)(2) of the Code or (ii) a “taxable REIT subsidiary” within the meaning of section 856(l) of the Code.
XXXX Status. Commencing with its initial taxable year ended December 31, 2008, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a real estate investment trust (“REIT”) under the Internal Revenue Code of 1986, as amended, and the regulations and published interpretations thereunder (collectively, the “Code”), and the Company’s current and proposed method of operations as described in the Registration Statement and the Prospectus will enable it to continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2021 and thereafter. No transaction or other event has occurred that could cause the Company to not be able to qualify as a REIT for its taxable year ending December 31, 2021 or future taxable years. Except as otherwise disclosed in the Registration Statement and the Prospectus, the Company and each of the Subsidiaries have no intention of changing their operations or engaging in activities that would cause the Company to fail to qualify, or make economically undesirable the Company’s continued qualification, as a REIT under the Code.
