TAX CONDITIONS

TAX CONDITIONS. Means (i) the Acquisition (as defined in the Charter) and Beneficial Ownership (as defined in the Charter) of Common Stock by Holder permitted by reason of the Ownership Limit Waiver (as defined in the Amended and Restated Ownership Limit Waiver Agreement) shall not and is not reasonably expected to cause the Company to be considered to own for purposes of Section 856(d)(2)(B), applying the applicable constructive ownership rules, an interest in any one or more tenants of the Company and its... subsidiaries that -8- is described in Section 856(d)(2)(B) of the Code and from which the Company derives, in the aggregate, more than 0.5% of its gross income for any calendar year; (ii) the Acquisition and Beneficial Ownership of Common Stock by Holder permitted by reason of the Ownership Limit Waiver shall not and is not reasonably expected to cause the Corporation to fail to qualify as a "domestically-controlled REIT" within the meaning of Section 897(h)(2) of the Code; or (iii) the Acquisition and Beneficial Ownership of Common Stock permitted by reason of the Ownership Limit Waiver shall not and will not cause any individual (within the meaning of Section 542(a)(2) of the Code, determined taking into account Section 856(h)(3)(A) of the Code) to be considered to have Beneficial Ownership of the Company's stock that violates the Ownership Limit, as increased by the Board pursuant to Section 12.9 of the Charter). View More