Curative Allocations. The allocations set forth in Section 5.2(C)(1) through (8) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 9 contracts
Samples: Registration Rights Agreement (First Industrial Lp), Registration Rights Agreement (First Industrial Realty Trust Inc), Registration Rights Agreement (First Industrial Realty Trust Inc)
Curative Allocations. The allocations set forth in Section 5.2(C)(1) through (8) (the "“Regulatory Allocations"”) are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 8 contracts
Samples: Registration Rights Agreement (First Industrial Realty Trust Inc), Registration Rights Agreement (First Industrial Realty Trust Inc), Limited Partnership Agreement (First Industrial Lp)
Curative Allocations. The allocations set forth in Section 5.2(C)(12(a) through 2(h) (8) (the "“Regulatory Allocations"”) are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is hereby authorized to further allocate Profitsdivide other allocations of Net Profit, LossesNet Loss, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would will be divided among the Partners under Section 5.3, but for application of the Regulatory Allocationspursuant to this Agreement. In general, the reallocation Partners anticipate that this will be accomplished by specially allocating other ProfitsNet Profit, Losses Net Loss, and items of income, gain, loss and deduction, to the extent they exist, deduction among the Partners so that the net amount of the Regulatory Allocations and the such special allocations to each Partner such Person is zero. The However, the General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulationsmanner.
Appears in 8 contracts
Samples: Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.)
Curative Allocations. The allocations set forth in Section 5.2(C)(1Sections 5.2(c)(1) through (8) 9) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections Section 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, Sections 5.1 and 8.2 but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Us Home & Garden Trust I), Partnership Agreement (Easy Gardener Products LTD), Golfsmith International Holdings Inc
Curative Allocations. The allocations set forth in Section 5.2(C)(1subsection (b), (c), (d), (e), (f) through and (8) g) (the "“Regulatory Allocations"”) are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may effect results that would not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate divide other allocations of Net Profits, Net Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations8.4. In general, the reallocation will be accomplished by specially allocating other Net Profits, Net Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 3 contracts
Samples: AmREIT Monthly Income & Growth Fund IV LP, AmREIT Monthly Income & Growth Fund IV LP, AmREIT Monthly Income & Growth Fund IV LP
Curative Allocations. The allocations set forth in Section 5.2(C)(15.2(c)(i) through (8) viii) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(bl(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Royale Investments Inc), Limited Partnership Agreement (Royale Investments Inc), Limited Partnership Agreement (Royale Investments Inc)
Curative Allocations. The allocations set forth in Section 5.2(C)(1) through (8) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1.704- 1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 2 contracts
Samples: Registration Rights Agreement (First Industrial Realty Trust Inc), Registration Rights Agreement (First Industrial Lp)
Curative Allocations. The allocations set forth in Section 5.2(C)(16.2(c) through (8) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and Section 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners and Assignees intend to divide Partnership distributions. Accordingly, the Managing General Partner is authorized to further allocate Profitsdivide other allocations of items of income, Lossesgain, deduction and other items loss among the Partners in a reasonable manner and Assignees so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss deduction and deductionloss, to the extent they exist, among the Partners and Assignees so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The However, the Managing General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 of the Code and the related Treasury Regulations.
Appears in 1 contract
Samples: U S Restaurant Properties Inc
Curative Allocations. The allocations set forth in Section 5.2(C)(1Sections 4.2(c)(l) through (8) f (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections Section 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, Sections 4.1 and 9.2 but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract
Curative Allocations. The allocations set forth in Section 5.2(C)(15.2(c)(1) through (8) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b1.704l(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract
Samples: Limited Partnership Agreement (Royale Investments Inc)
Curative Allocations. The allocations set forth in Section 5.2(C)(1Sections 5.2(c)(1) -------------------- ------------------ through (8) 9) (the "Regulatory Allocations") are intended to comply with certain - requirements of Treasury Regulations Sections Section 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, Sections 5.1 and 8.2 but for application of the Regulatory Allocations. In ------------ --- general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract
Samples: Fiber Glass Systems Lp
Curative Allocations. The allocations set forth in Section 5.2(C)(15.2(D)(1) through (8) (the "“Regulatory Allocations"”) are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract
Samples: Registration Rights Agreement (Corporate Office Properties, L.P.)
Curative Allocations. The allocations set forth in Section 5.2(C)(1Sections 5.2(c)(1) -------------------- ------------------ through (8) 9) (the "Regulatory Allocations") are intended to comply with certain - requirements of Treasury Regulations Sections Section 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, Sections 5.1 and 8.2 but for application of the Regulatory Allocations. ------------ --- In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract
Samples: Fiber Glass Systems Lp
Curative Allocations. The allocations set forth in Section 5.2(C)(1) through (8) 7), (the "“Regulatory Allocations"”) are intended to comply with certain requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory regulatory Allocations and the special allocations to each Partner is zero. The General Partner may accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract
Curative Allocations. The allocations set forth in Section 5.2(C)(1Sections 4.2(c)(1) through (8) 9) (the "Regulatory Allocations") are intended to comply with certain requirements of Treasury Regulations Sections Section 1.704-1(b) and 1.704-2. The Regulatory Allocations may not be consistent with the manner in which the Partners intend to divide Partnership distributions. Accordingly, the General Partner is authorized to further allocate Profits, Losses, and other items among the Partners in a reasonable manner so as to prevent the Regulatory Allocations from distorting the manner in which Partnership distributions would be divided among the Partners under Section 5.3, Sections 4.1 and 9.2 but for application of the Regulatory Allocations. In general, the reallocation will be accomplished by specially allocating other Profits, Losses and items of income, gain, loss and deduction, to the extent they exist, among the Partners so that the net amount of the Regulatory Allocations and the special allocations to each Partner is zero. The General Partner may will have discretion to accomplish this result in any reasonable manner that is consistent with Code Section 704 and the related Treasury Regulations.
Appears in 1 contract