REIT Election. The Company made a timely election to be subject to tax as a real estate investment trust ("REIT") pursuant to Sections 856 through 860 of the Code for its taxable year ended December 31, 2009 and has not and will not revoke such election with respect to any taxable year through its taxable year ended December 31, 2019. Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company's actual and proposed method of operation as set forth in the Registration Statement and the Prospectus does and will enable it to meet the requirements for qualification and taxation as a REIT under the Code. All statements regarding the Company's qualification and taxation as a REIT and descriptions of the Company's organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.
REIT Election. The Company will make a timely election to be subject to tax as a real estate investment trust (“REIT”) pursuant to Sections 856 through 860 of the Code for its taxable years ended December 31, 2013 upon the filing of its federal income tax return for such year. The Company has been organized and operating in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company’s current and proposed method of operation as set forth in the Registration Statement and the Prospectus will enable it to meet the requirements for qualification and taxation as a REIT under the Code.
REIT Election. The Company will properly and timely elect to be taxed as a real estate investment trust (a "REIT") under the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the "Code") commencing with the taxable year ending December 31, 2005 and the Company will be organized and operated in conformity with the requirements for qualification as a REIT under the Code and the proposed method of operation of the Company and its subsidiaries will enable the Company to meet the requirements for qualification and taxation as a REIT under the Code; the Operating Partnership is treated as a partnership for U.S. federal income tax purposes and not as a corporation or association taxable as a corporation; and the Company intends to continue to qualify as a REIT under the Code for all subsequent years, and the Company does not know of any event that could reasonably be expected to cause the Company to fail to qualify as a REIT under the Code at any time.
REIT Election. The Parent shall make a timely election to qualify as a real estate investment trust within the meaning of Section 856 of the Code (a “REIT”) in connection with the filing of its 2009 federal income Tax Return, and the Surviving Company and Parent, if requested by Parent, shall make an election to treat the Surviving Company as a taxable REIT subsidiary within the meaning of Section 856(l) of the Code, effective as of the Closing Date.
REIT Election. The Feldxxx Xxxtners (as defined in the Partnership Agreement) may not make another REIT Election (as defined in the Partnership Agreement) prior to the third (3rd) anniversary of the earlier to occur of (a) the December 13, 1997 and (b) the date upon which the Feldxxx Xxxtners sent written notice to the Contributor of the abandonment of the IPO.
REIT Election. The Company is organized in conformity with the requirements for qualification as a real estate investment trust ("REIT") under the Code and its method of operation, as described in the Registration Statement, will enable it to meet the requirements for taxation as a REIT under the Code, commencing with the Company's taxable year ending December 31, 1998.
REIT Election. The Corporation covenants and agrees not to elect to become subject to tax as a REIT unless stockholders of the Corporation holding a majority of the outstanding Class A Shares and Class B Shares eligible to vote, other than Class A Shares and Class B Shares beneficially owned by a person who is a party to, or is an affiliate of a party to, the Initial TRA, have approved this Agreement.
REIT Election. The Company will be organized in conformity with the requirements for qualification as a real estate investment trust ("REIT") under the Code and its proposed method of operation, as described in the Offering Memorandum, will enable it to meet the requirements for taxation as a REIT under the Code, commencing with the Company's taxable year ending December 31, 1998. The formation of the BCP Sister Corp. the issuance of its capital stock to the shareholders of the Company and the partners of the Operating Partnership and any contractual arrangements between the Company and the BCP Sister Corp. will not preclude the Company from complying with the REIT requirements of the Code. The formation of the BCP Affiliate and the Operating Partnership's issuance of its Units to the BCP Affiliate will not preclude the Company from complying with the REIT requirements of the Code.
REIT Election. The Company will properly and timely elect to be taxed as a real estate investment trust (a "REIT") under the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the "Code") commencing with the taxable year ending December 31, 2004 and the Company will be organized and operated in conformity with the requirements for qualification as a REIT under the Code and the proposed method of operation of the Company and its subsidiaries will enable the Company to meet the requirements for qualification and taxation as a REIT under the Code; the Operating Partnership is treated as a partnership for U.S. federal income tax purposes and not as a corporation or association taxable as a corporation; and the Company intends to continue to qualify as a REIT under the Code for all subsequent years, and the Company does not know of any event that could reasonably be expected to cause the Company to fail to qualify as a REIT under the Code at any time. The issuance of the OP Units described in the Prospectus has been duly authorized and upon issuance, in accordance with the Operating Agreement of the Operating Partnership, the OP Units described in the Prospectus will be validly issued; and upon completion of the offering of the Shares and the Formation Transactions, the Company will be the holder of OP Units in the amount and percentage described in the Prospectus and the Company will hold the sole managing member interest in the Operating Partnership. All OP Units issued to persons other than the Company or its subsidiaries shall have been duly offered and issued in transactions exempt from registration under the Securities Act.
REIT Election. The Trust shall not have revoked its prior election pursuant to Section 856(c)(1) of the Code to be taxed as a REIT, and shall be in compliance with all applicable federal income tax laws, rules and regulations, including the Code, necessary to permit it to be taxed as a REIT. The Trust shall not have taken any action or have failed to take any action which would reasonably be expected to, alone or in conjunction with any other factors, result in the loss of its status as a REIT for federal income tax purposes.
