Common use of REIT Election Clause in Contracts

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.

Appears in 2 contracts

Samples: Armour Residential (Armour Residential REIT, Inc.), Armour Residential (Armour Residential REIT, Inc.)

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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 ending December 31, 20192022. 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 ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 2 contracts

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)

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 ending 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 ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 2 contracts

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.), Equity Sales Agreement (Armour Residential REIT, Inc.)

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, 20192017. 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.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Armour Residential REIT, Inc.), Underwriting Agreement (Armour Residential REIT, Inc.)

REIT Election. The Company has 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 make a timely election with respect to any taxable year through be subject to tax as a REIT for its taxable year ended December 31, 20192010. Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated operating in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company's ’s actual and proposed method of operation as set forth in the Registration Statement and Statement, 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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 1 contract

Samples: Equity Distribution Agreement (Armour Residential REIT, Inc.)

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, 20192017. 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 ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 1 contract

Samples: Armour Residential REIT, Inc.

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, 20192020. 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 ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 1 contract

Samples: Armour Residential (Armour Residential REIT, Inc.)

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 ending December 31, 20192020. 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 ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 1 contract

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.)

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REIT Election. The Company has 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 years ended December 31, 2009 and has not 2010 and will not revoke such make a timely election with respect to any taxable year through be subject to tax as a REIT for its taxable year ended December 31, 20192011. Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated operating in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company's ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.. (kk)

Appears in 1 contract

Samples: Distribution Agreement (Armour Residential REIT, Inc.)

REIT Election. The Company has 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 years ended December 31, 2009 2010 and has not 2011 and will not revoke such make a timely election with respect to any taxable year through be subject to tax as a REIT for its taxable year ended December 31, 20192012. Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated operating in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company's ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 1 contract

Samples: Armour Residential REIT, Inc.

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 ending December 31, 20192023. 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 ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.

Appears in 1 contract

Samples: Equity Sales Agreement (Armour Residential REIT, Inc.)

REIT Election. The Company has 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 years ended December 31, 2009 2009, 2010 and has not 2011 and will not revoke such make a timely election with respect to any taxable year through be subject to tax as a REIT for its taxable year ended December 31, 20192012. Commencing with its taxable year ended December 31, 2009, the Company has been organized and operated operating in conformity with the requirements for qualification and taxation as a REIT under the Code, and the Company's ’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 ’s qualification and taxation as a REIT and descriptions of the Company's ’s organization and proposed method of operation set forth in the Prospectus are true, complete and correct in all material respects.. (kk)

Appears in 1 contract

Samples: Armour Residential REIT, Inc.

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