Common use of Qualification and Taxation as a REIT Clause in Contracts

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 6 contracts

Samples: Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (Wheeler Real Estate Investment Trust, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

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Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 6 contracts

Samples: Underwriting Agreement (Two Harbors Investment Corp.), Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 5 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Paramount Group, Inc.), Underwriting Agreement (Parkway Properties Inc)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 5 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 5 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Ag Mortgage (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2013, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Empire State Realty Trust, Inc.), Underwriting Agreement (Parkway Properties Inc), Hudson Pacific Properties, Inc.

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014 and thereafter, unless the Board board of directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 4 contracts

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its best commercially reasonable efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its commercially reasonable efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 4 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Purchase Agreement (Arbor Realty Trust Inc), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), www.sec.gov

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2016, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Management Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Arbor Realty Trust Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending ended December 31, 2016 2009, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.), Management Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Ready Capital Corp), Management Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2013 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Colony Financial, Inc.), Management Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2020 and thereafterthereafter will use its best efforts to continue to qualify for taxation as a REIT under the Code, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 3 contracts

Samples: Underwriting Agreement (Postal Realty Trust, Inc.), Underwriting Agreement (Postal Realty Trust, Inc.), Postal Realty Trust, Inc.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2018, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), www.sec.gov

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.), Apollo Commercial Real Estate Finance, Inc.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2016, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Qualification and Taxation as a REIT. The Company will use its best commercially reasonable efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2010, and thereafter, the Company will use its commercially reasonable efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc), Underwriting Agreement (Preferred Apartment Communities Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Parkway Properties Inc), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2016, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.), Underwriting Agreement (Hudson Pacific Properties, L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2013, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Equity Offeringsm Sales Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2010, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 3 contracts

Samples: Underwriting Agreement (American Assets Trust, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Qualification and Taxation as a REIT. The Company will use its best commercially reasonable efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2020, and thereafterthe Company will use commercially reasonable efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (AFC Gamma, Inc.), Underwriting Agreement (AFC Gamma, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Farmland Partners Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its tax year ending December 31, 2019, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafterthe Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2023 and thereafter, to continue to qualify for taxation as a REIT under the Code thereafter unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue and its stockholders for the Company to qualify for taxation as REITa REIT under the Code.

Appears in 2 contracts

Samples: Underwriting Agreement (DigitalBridge Group, Inc.), Underwriting Agreement (BrightSpire Capital, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2013, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Hudson Pacific Properties, Inc.), Underwriting Agreement (Hudson Pacific Properties, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for all subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2024, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015 and thereafter, unless the Board board of directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.), Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements to qualify, for the taxable year ending December 31, 2020, for taxation as a REIT under the Code, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board of Directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue so qualify or to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Retail Properties of America, Inc., Retail Properties of America, Inc.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021 and thereafterthereafter will use its best efforts to continue to qualify for taxation as a REIT under the Code, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Postal Realty Trust, Inc.), Postal Realty Trust, Inc.

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2016, and thereafterthe Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its tax year ending December 31, 2017, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Common Stock (Reven Housing REIT, Inc.), Underwriting Agreement (Innovative Industrial Properties Inc)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the its Board of Directors determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.), Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its tax year ending December 31, 2016, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Medical REIT Inc.), Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019 and thereafterfor its subsequent taxable years unless, unless in each case, the Company’s Board of Directors determines that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015, and thereafterthe Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Physicians Realty Trust), Underwriting Agreement (Physicians Realty Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2013, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2009, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Purchase Agreement (Colony Financial, Inc.), Purchase Agreement (Colony Financial, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Management Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Two Harbors Investment Corp.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Ashford Hospitality Prime, Inc.), Underwriting Agreement (Ashford Hospitality Prime, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Farmland Partners Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its short taxable year ending December 31, 2014, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafterwill not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Farmland Partners Inc.), Underwriting Agreement (Farmland Partners Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Agreement (Apollo Commercial Real Estate Finance, Inc.), Underwriting Agreement (Apollo Residential Mortgage, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board determines that it is no longer in the best interests interest of the Company to attempt to, or continue to to, qualify as a REIT.

Appears in 2 contracts

Samples: Underwriting Agreement (Angel Oak Mortgage, Inc.), Underwriting Agreement (Angel Oak Mortgage, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 2 contracts

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.), Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its tax year ending December 31, 2021, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

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Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its subsequent taxable years unless the Board Company’s board of directors determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Equity Distribution Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafterthe Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Physicians Realty L.P.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2009, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Apollo Commercial Real Estate Finance, Inc.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its subsequent taxable years unless the Board Company’s board of directors determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2012, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in future years unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to so qualify or to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Lodging Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2010, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Chesapeake Lodging Trust

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017 and thereafterfor its subsequent taxable years unless, unless in each case, the Company’s Board of Directors determines that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2017, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2022, and thereafter, unless the Board board of directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify maintain the Company's qualification as REITa REIT under the Code.

Appears in 1 contract

Samples: Underwriting Agreement (Ready Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify for taxation as a REIT under the Code for its short taxable year ending December 31, 2016 2019, and thereafterthereafter will use its best efforts to continue to qualify for taxation as a REIT under the Code, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Postal Realty Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2016, and thereafterthe Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REIT.be so qualified. (n)

Appears in 1 contract

Samples: Physicians Realty L.P.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (National Storage Affiliates Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements for qualification and taxation as a REIT under the Code for its tax year ending December 31, 2018, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Global Medical REIT Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2009, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2010, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will use its best efforts not to take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Purchase Agreement (DLC Realty Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending ended December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Management Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board determines that it is no longer in the best interests interest of the Company to attempt to, or continue to to, qualify as a REIT.

Appears in 1 contract

Samples: Underwriting Agreement (PIMCO Mortgage Income Trust Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless and until the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: American Assets Trust, Inc.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in future years unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to so qualify or to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Chesapeake Lodging Trust)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2011, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (AG Mortgage Investment Trust, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify continue to meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in future years unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company and its shareholders to so qualify or to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Chesapeake Lodging Trust

Qualification and Taxation as a REIT. The Company will continue to use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015 and thereafter, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Colony Capital, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2018, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Braemar Hotels & Resorts Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2019, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Capstead Mortgage Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015 and thereafter, unless the Board determines that it is no longer in the best interests of the Company to continue to qualify as REIT.

Appears in 1 contract

Samples: Underwriting Agreement (Bluerock Residential Growth REIT, Inc.)

Qualification and Taxation as a REIT. The Company will use its reasonable best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2016, and thereafterthe Company will use its reasonable best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of trustees determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REIT.be so qualified. (o)

Appears in 1 contract

Samples: Physicians Realty L.P.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2009, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Ashford Hospitality Prime, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to meet the requirements to qualify, for the taxable year ending December 31, 2012, for taxation as a REIT under the Code, and the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 and thereafter, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue so qualify or to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Retail Properties of America, Inc.

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2010, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2024, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for all subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to continue to qualify for taxation as a REIT under the Code for its taxable year ending December 31, 2016 2018, and thereafter, for its subsequent taxable years unless the Board Company's board of directors determines that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Western Asset Mortgage Capital Corp)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2014, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Board of Directors of the Company determines that it is no longer in the best interests of the Company and its shareholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Management Agreement (Invesco Mortgage Capital Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2015, and thereafter, the Company will use its best efforts to continue to qualify for taxation as a REIT under the Code unless the Company’s Board of Directors determines in good faith that it is no longer in the best interests interest of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Apollo Commercial Real Estate Finance, Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code in subsequent taxable years and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.)

Qualification and Taxation as a REIT. The Company will use its best efforts to qualify meet the requirements for qualification and taxation as a REIT under the Code for its taxable year ending December 31, 2016 2021, and thereafterthe Company will use its best efforts to continue to qualify for taxation as a REIT under the Code and will not take any action to revoke or otherwise terminate the Company’s REIT election, unless the Board Company’s board of directors determines in good faith that it is no longer in the best interests of the Company and its stockholders to continue to qualify as REITbe so qualified.

Appears in 1 contract

Samples: Underwriting Agreement (Chicago Atlantic Real Estate Finance, Inc.)

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