Common use of Allocation of Net Capital Appreciation or Net Capital Depreciation Clause in Contracts

Allocation of Net Capital Appreciation or Net Capital Depreciation. (a) At the end of each Accounting Period, each Capital Account of each Partner (including the General Partner) for such Accounting Period shall be adjusted by crediting (in the case of Net Capital Appreciation) or debiting (in the case of Net Capital Depreciation) the Net Capital Appreciation or Net Capital Depreciation, as the case may be, in proportion to their respective Partnership Percentages. For purposes of determining the amount of Net Capital Appreciation and Net Capital Depreciation as of each date that the Partnership sells an investment, the cost basis of the investment disposed of by the Partnership shall be determined based on the purchase dates (on which such investments were actually acquired) selected by the General Partner in its sole discretion.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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Allocation of Net Capital Appreciation or Net Capital Depreciation. (a) At the end of each Accounting Period, each Capital Account of each Partner (including the each General Partner) for such Accounting Period shall be adjusted by crediting (in the case of Net Capital Appreciation) or debiting (in the case of Net Capital Depreciation) the Net Capital Appreciation or Net Capital Depreciation, as the case may be, in proportion to their respective Partnership Percentages. For purposes of determining the amount of Net Capital Appreciation and Net Capital Depreciation as of each date that the Partnership sells an investment, the cost basis of the investment disposed of by the Partnership shall be determined based on the purchase dates (on which such investments were actually acquired) selected by the Managing General Partner in its sole discretion.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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Allocation of Net Capital Appreciation or Net Capital Depreciation. (a) At the end of each Accounting Period, each Capital Account of each Partner (including the each General Partner) for such Accounting Period shall be adjusted by crediting (in the case of Net Capital Appreciation) or debiting (in the case of Net Capital Depreciation) the Net Capital Appreciation or Net Capital Depreciation, as the case may be, in proportion to their respective Partnership Percentages. For purposes of determining the amount of Net Capital Appreciation and Net Capital Depreciation as of each date that the Partnership sells an investment, the cost basis of the investment disposed of by the Partnership shall be determined based on the purchase dates (on which such investments the shares in the Company that were actually sold were acquired) selected by the General Partner in its sole discretion.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trian Fund Management, L.P.)

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