Common use of Certain Returns of Capital Clause in Contracts

Certain Returns of Capital. Any portion of the Capital Contribution of the Partnership (except for necessary operating capital) that has not been expended or that is not, or in the determination of the General Partner, will not be committed for expenditure by the second anniversary of the Activation of the Partnership will promptly be refunded to the Unit Holders as a return of part of their Capital Contributions at the earlier of such determination or the second anniversary of the Activation of the Partnership. In addition, the General Partner shall contribute cash to the Partnership (with respect to which its Capital Account will be credited) in an amount equal to that portion of the total of (i) the amount paid to the General Partner in respect of the Acquisitions and Operations Fee, (ii) the amount paid to the General Partner in consideration of its payment of the Organization and Offering Costs, and (iii) the Commissions, which are attributable (on a proportionate basis) to the unexpended amount of Capital Contributions so refunded, which cash shall be refunded to the Unit Holders together with the unexpended Capital Contributions so refunded. All amounts so refunded to the Unit Holders shall reduce dollar for dollar their Capital Accounts.

Certain Returns of Capital. A. Any portion of the Capital Contribution of the Partnership (except for necessary operating capital) that has not been expended or that is not, or in the determination of the General Partner, will not be committed for expenditure by the second anniversary of the Activation of the Partnership will promptly be refunded to the Unit Holders as a return of part of their Capital Contributions at the earlier of such determination or of the second anniversary of the Activation of the Partnership. In addition, the General Partner shall contribute cash to the Partnership (with respect to which its Capital Account will be credited) in an amount equal to that portion of the total of (i) the amount paid to the General Partner in respect of the Acquisitions and Operations Fee, (ii) the amount paid to the General Partner in consideration of its payment of the Organization and Offering Costs, and (iii) the Commissions, which are attributable (on a proportionate basis) to the unexpended amount of Capital Contributions so refunded, which cash shall be refunded to the Unit Holders together with the unexpended Capital Contributions so refunded. All amounts so refunded to the Unit Holders shall reduce dollar for dollar their Capital Accounts.

Certain Returns of Capital. A. Any portion of the Capital Contribution of the Partnership (except for necessary operating capital) that has not been expended or that is not, or in the determination of the General Partner, will not be committed for expenditure by the second anniversary of the Activation of the Partnership will promptly be refunded to the Unit Holders as a return of part of their Capital Contributions at the earlier of such determination or of the second anniversary of the Activation of the Partnership. In addition, the General Partner shall contribute cash to the Partnership (with respect to which its Capital Account will be credited) in an amount equal to that portion of the total of (iI) the amount paid to the General Partner in respect of the Acquisitions and Operations Fee, (ii) the amount paid to the General Partner in consideration of its payment of the Organization and Offering Costs, and (iii) the Commissions, which are attributable (on a proportionate basis) to the unexpended amount of Capital Contributions so refunded, which cash shall be refunded to the Unit Holders together with the unexpended Capital Contributions so refunded. All amounts so refunded to the Unit Holders shall reduce dollar for dollar their Capital Accounts.