Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.
Appears in 59 contracts
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.), Agreement (Carey Watermark Investors Inc), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership assets to the Partners of Partnership assetsHolders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5V, 6 VI and 10X hereof.
Appears in 32 contracts
Samples: Merger Agreement (ZAIS Financial Corp.), Management and Operations (Invesco Mortgage Capital Inc.), Merger Agreement (Ready Capital Corp)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner Unitholder to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets to the Partners of Partnership assetsUnitholders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1010 hereof.
Appears in 13 contracts
Samples: Agreement (Meruelo Maddux Properties, Inc.), Newkirk Realty Trust, Inc., Arbor Realty Trust Inc
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partner shall distribute only cash to the Series B Limited Partners, the Series J Limited Partners and the Series K Limited Partners.
Appears in 7 contracts
Samples: Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp)
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partner shall distribute only cash to the Series J Limited Partners and the Series K Limited Partners.
Appears in 6 contracts
Samples: Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner Unitholder to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets to the Partners of Partnership assetsUnitholders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5V, 6 VI and 10X hereof.
Appears in 6 contracts
Samples: Northstar Realty Finance Corp., NorthStar Realty Europe Corp., NorthStar Asset Management Group Inc.
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner Holder to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets or Partnership Units to the Partners of Partnership assetsHolders, and such assets or Partnership Units shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.13 hereof;
Appears in 5 contracts
Samples: Agreement (CoreSite Realty Corp), Agreement (CoreSite Realty Corp), Agreement (CoreSite Realty Corp)
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1013.
Appears in 5 contracts
Samples: Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than or cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1013.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/)
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.
Appears in 4 contracts
Samples: Prologis, L.P., Amb Property Corp, Amb Property Lp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and or receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets to the Partners of Partnership assetsPartners, and such Partnership assets shall be distributed in such a fashion as to ensure that the fair market value (as determined in good faith by the General Partner) thereof is distributed and allocated in accordance with Articles 5, 6 this Article 4 and 10Article 5 and Article 8.
Appears in 4 contracts
Samples: Limited Partnership Agreement (StepStone Group Inc.), Limited Partnership Agreement (StepStone Group Inc.), Agreement (StepStone Group Inc.)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than or cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value of such assets is distributed and allocated in accordance with Articles 5, 6 and 10Section 8.1 hereof.
Appears in 4 contracts
Samples: Agreement (Philips International Realty Corp), Agreement (Philips International Realty Corp), Partnership Agreement (Philips International Realty Corp)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership assets to the Partners Holders of Partnership assetsUnits, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5V, 6 VI and 10.X.
Appears in 4 contracts
Samples: InfraREIT, Inc., InfraREIT, Inc., InfraREIT, Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.
Appears in 4 contracts
Samples: Parkway Properties Inc, Arden Realty Group Inc, Grove Real Estate Asset Trust
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets to the Partners holders of Partnership assetsInterests, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in the same manner as a cash distribution in accordance with Articles 5V, 6 VI and 10XIII hereof. Notwithstanding anything to the contrary herein, no Partner shall be entitled to demand property other than cash in connection with any distributions by the Partnership.
Appears in 4 contracts
Samples: Stockholders Agreement (Parkway Properties Inc), Parkway, Inc., Cousins Properties Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.
Appears in 4 contracts
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.), Digital Realty Trust, Inc., Thomas Properties Group Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretiondiscretion but subject to the rights of Preferred Limited Partner Interests, to make a distribution in-in kind to the General Partner and the Common Limited Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1010 hereof.
Appears in 4 contracts
Samples: Irvine Apartment Communities L P, Iac Capital Trust, Irvine Co Et Al
Distributions in Kind. Except as expressly provided herein, no No Partner has any right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 5 and 106.
Appears in 3 contracts
Samples: Agreement (Ps Business Parks Inc/Ca), Public Storage Properties Xi Inc, Public Storage Properties Xi Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.as
Appears in 3 contracts
Samples: Amb Property Corp, Amb Property Corp, Amb Property Corp
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partners shall distribute only cash to the Series B Limited Partners.
Appears in 3 contracts
Samples: Amb Property Lp, Amb Property Corp, Amb Property Corp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretionwith the Consent of the Class A Limited Partners, to make a distribution in-in kind to the Partners holders of Partnership Units of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 V and 10VI hereof. The fair market value of any Property distributed in kind shall be determined by the General Partner with the Consent of the Class A Limited Partners.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Nationwide Health Properties Inc), Ventas, Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than or cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, assets and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1013.
Appears in 2 contracts
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partners shall distribute only cash to the Series C Limited Partners, the Series D Limited Partners and the Series E Limited Partners.
Appears in 2 contracts
Samples: Amb Property Lp, Amb Property Corp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership Assets to the Partners Holders of Partnership assetsUnits, and such assets shall be distributed in such a fashion as to ensure that the fair market value Fair Market Value is distributed and allocated in accordance with Articles Article 5, Article 6 and Article 10.
Appears in 2 contracts
Samples: Agreement (Aviv Reit, Inc.), Aviv Reit, Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than or cash. The Managing General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is such assets are distributed and allocated in accordance with Articles 5, 6 and 1010 hereof based on the fair market value of such assets on the date of such distribution.
Appears in 2 contracts
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1013.
Appears in 2 contracts
Samples: Tarantula Ventures LLC, Dupont Fabros Technology, Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership Assets to the Partners Holders of Partnership assetsUnits, and such assets shall be distributed in such a fashion as to ensure that the fair market value Fair Market Value is distributed and allocated in accordance with Articles Article 5, Article 6 and Article 10.
Appears in 2 contracts
Samples: Omega Healthcare Investors Inc, Hot Springs Cottages Owner, LLC
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partners shall distribute only cash to the Series C Limited Partners and the Series D Limited Partners.
Appears in 2 contracts
Samples: Constructive Ownership Definition (Amb Property Corp), Amb Property Lp
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in -------- ------- such case, the General Partner shall distribute only cash to the Series A Limited Partners.
Appears in 2 contracts
Samples: National Golf Properties Inc, National Golf Properties Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to ---------------------- demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assetsassets (including, without limitation, the Securities), and such assets shall be distributed in such a fashion as to ensure that the fair market value Fair Value is distributed and allocated in accordance with Sections 3.8, 10.1, 10.3 and 10.4 and Articles 5, 6 5 and 106.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretiondiscretion but subject to the rights of Preferred Limited Partner Interests, to make a distribution in-in kind to the General Partner and the Common Limited Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 5 and 6 and 10hereof.
Appears in 1 contract
Samples: Berkshire Income Realty Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than or cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is such assets are distributed and allocated in accordance with Articles 5, 6 and 1010 hereof based on the fair market value of such assets on the date of such distribution.
Appears in 1 contract
Samples: Prime Group Realty Trust
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 5 and 106.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partner shall distribute only cash to any Preferred Limited Partners.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand --------------------- and receive property other than or cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value of such assets is distributed and allocated in accordance with Articles 5, 6 and 10Section 8.1 hereof.
Appears in 1 contract
Samples: Partnership Agreement (Reckson Associates Realty Corp)
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partner shall distribute only cash to the Series A Limited Partners and to the Series B Limited Partners.
Appears in 1 contract
Samples: National Golf Properties Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partners shall distribute only cash to the Series C Limited Partners.
Appears in 1 contract
Samples: Amb Property Corp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partner shall distribute only cash to the Series D Limited Partners and Series I Limited Partners.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 5 and 6 and 10hereof.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner Holder to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets to the Partners of Partnership assetsHolders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5V, 6 VI and 10XIII of this Agreement.
Appears in 1 contract
Samples: NewLake Capital Partners, Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, agree to make a distribution in-in kind to the Partners of Partnership assetsproperty, and such assets property shall be distributed in such a fashion as to ensure that the fair market value Fair Market Value is distributed and allocated in accordance with Articles 5, 6 and 1013.
Appears in 1 contract
Samples: Merger Agreement (Bellingham II Associates, L.L.C.)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1010 ; provided, however, that, in such case, the General Partner shall distribute only cash to the Series B Limited Partners.
Appears in 1 contract
Samples: Arden Realty Inc
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that the General Partners shall not distribute assets other than cash to the Series A Limited Partners.
Appears in 1 contract
Samples: Kilroy Realty Corp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership assets to the Partners of Partnership assetsPartners, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5V, 6 VI and 10X hereof.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.. Table of Contents
Appears in 1 contract
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.)
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partners shall distribute only cash to the Series A Limited Partners.
Appears in 1 contract
Samples: Kilroy Realty Corp
Distributions in Kind. Except as expressly provided hereinin Section 8.7 or Section 13.2, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, with the Consent of a Majority in its sole and absolute discretionInterest of the Limited Partners, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 5 and 106.
Appears in 1 contract
Samples: Pan Pacific Retail Properties Inc
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership Assets to the Partners Holders of Partnership assetsUnits, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10.
Appears in 1 contract
Samples: Aviv REIT, Inc.
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partner shall distribute only cash to the Series B Limited Partners and the Series J Limited Partners.
Appears in 1 contract
Samples: Amb Property Corp
Distributions in Kind. Except as expressly provided herein, no right is given to any Partner to demand and receive property other than cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 10; provided, however, that, in such case, the General Partners shall distribute only cash to the Series A Limited Partners or Series C Limited Partners.
Appears in 1 contract
Samples: Kilroy Realty Corp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind to the Partners of include Partnership assetsassets as Available Revenues, and such Partnership assets shall be distributed in such a fashion as to ensure that the fair market value (as determined in good faith by the Board of Directors of the General Partner) is distributed and allocated in accordance with Articles 5V, 6 VI and 10XIII hereof.
Appears in 1 contract
Samples: Aspen REIT, Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-kind of Partnership assets to the Partners of Partnership assetsHolders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 1010 hereof.
Appears in 1 contract
Samples: Extra Space Storage Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than or cash. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind to the Partners of Partnership assets, and such assets shall be distributed in such a fashion as to ensure that the fair market value of such assets is distributed distri buted and allocated in accordance with Articles 5, 6 and 10Section 8.1 hereof.
Appears in 1 contract
Samples: Mack Cali Realty Corp
Distributions in Kind. Except as expressly provided herein, no No right is given to any Partner to demand and receive property other than cashcash as and to the extent provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in-in kind of Partnership assets to the Partners of Partnership assetsPartners, and such assets shall be distributed in such a fashion as to ensure that the fair market value thereof is distributed and allocated in accordance with Articles 5VI and VII hereof, 6 and 10as amended from time to time.
Appears in 1 contract