Common use of Availability of Cash Flow for Redemption Clause in Contracts

Availability of Cash Flow for Redemption. The availability of Cash Flow, including proceeds from Closings, to make redemptions pursuant to Section 9.2 shall be determined by the General Partner in its sole discretion. Such determination may take into account REIT requirements, principles of prudent management, and ongoing cash needs of the Fund REIT, and the Partnership, including debt payments, applicable restrictions under debt instruments, investments to which the Partnership is directly or indirectly committed, anticipated strategic acquisitions to maintain the value of the Partnership’s portfolio, maintaining ongoing cash distributions to Limited Partners consistent with any distribution policy established by the Partnership, payments to the General Partner of fees or other distributions and reimbursements to Jamestown and its Affiliates, capital expenditures, and reserves. The General Partner does not guarantee that Cash Flow will be available at any particular time to fund a particular Redemption Notice, and the Partnership will be under no obligation to make such Cash Flow available.