Common use of Curative Allocation Clause in Contracts

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D), the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 18 contracts

Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.

AutoNDA by SimpleDocs

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 15 contracts

Samples: Constructive Ownership Definition (Amb Property Corp), Constructive Ownership Definition (Amb Property Corp), Maguire Properties Inc

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 12 contracts

Samples: Kilroy Realty, L.P., Ii Contribution Agreement (Amb Property Lp), Agreement of Limited Partnership (American Campus Communities Inc)

Curative Allocation. The allocations set forth in Sections 6.3.A(i6.3.C(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-22(i). Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 5 contracts

Samples: Agreement (Shearson American REIT, Inc.), Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), (vii) and (viiviii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D), the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 3 contracts

Samples: Digital Realty Trust, L.P., Digital Realty Trust, L.P., Digital Realty Trust, L.P.

Curative Allocation. The allocations set forth in Sections 6.3.A(i12.2(a)(i), (ii), (iii), (iv), . (v), . (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Treasury Regulation Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)12.1, the Regulatory Allocations shall be taken into account if necessary in allocating other items of income, . gain, . loss and deduction among the Holders Members. so that, that to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurredoccurred .

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Global Crossing Servicios, S. De R.L. De C.V.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i6.2(a), (iib), (iiic), (ivd), (ve), (vif), and (viig) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Regulation Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account if necessary in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Provision Holding, Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(iSection 8.2(a), (ii8.2(b), (iii8.2(c), (iv), (v), (vi8.2(d), and (vii8.2(e) hereof (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-22(i). Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D8.1(b), the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Operating Agreement (Amneal Pharmaceuticals, Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of Table of Contents other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.)

AutoNDA by SimpleDocs

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi6.3.A(i),(ii),(iii),(iv),(v),(vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Maguire Properties Inc

Curative Allocation. The allocations set forth in ------------------- Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Kilroy Realty Corp

Curative Allocation. The allocations set forth in Sections 6.3.A(i11.2(a)(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Treasury Regulation Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)11.1, the Regulatory Allocations shall be taken into account if necessary in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Limited Liability Company Agreement (International Assets Holding Corp)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), ) and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: National Golf Properties Inc

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply 35 41 with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Amb Property Lp

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!