Pursuant to the PPT Guaranty, PPT shall unconditionally guarantee in favor of the Credit Parties the full payment and performance of the Obligation.
Promptly after preparation, and no later than forty-five (45) days after the last day of each fiscal quarter (except the last) of PPT: (i) Financial Statements of PPT showing the consolidated financial condition and results of operations of PPT for the fiscal quarter and for the period from the beginning of the current fiscal year to the last day of the fiscal quarter; and (ii) a Compliance Certificate.
At all times, PPT (including its organization and method of operations and those of its Consolidated Affiliates) shall qualify as a REIT.
The common Stock of PPT shall at all times be listed for trading and be traded on either the New York Stock Exchange or American Stock Exchange.
PPT is a real estate operating company within the meaning of 29 C.F.R. SS 2510.3-101(e) (or any successor regulation) and the assets of the Companies would not be deemed plan assets as defined in 29 C.F.R. SS 2510.3-101(a)(1) (or any successor regulation) of any Employee Plan or Multi-employer Plan.