Common use of Items of Income or Loss Clause in Contracts

Items of Income or Loss. Except as is otherwise provided in this Exhibit B, an allocation of Partnership Net Income, Net Loss, Net Property Gain, Net Property Loss or Liquidating Gain to a Partner shall be treated as an allocation to such Partner of the same share of each item of income, gain, loss, deduction and item of tax-exempt income or Section 705(a)(2)(B) expenditure (or item treated as such expenditure pursuant to Section 1.704-1(b)(2)(iv)(i) of the Regulations) (“Tax Items”) that is taken into account in computing Net Income, Net Loss, Net Property Gain, Net Property Loss or Liquidating Gain.

Appears in 27 contracts

Samples: Advisory Agreement (American Realty Capital - Retail Centers of America, Inc.), Agreement (American Realty Capital - Retail Centers of America, Inc.), Registration Rights Agreement (American Realty Capital Hospitality Trust, Inc.)

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Items of Income or Loss. Except as is otherwise provided in this Exhibit B, an allocation of Partnership Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating Gain to a Partner shall be treated as an allocation to such Partner of the same share of each item of income, gain, loss, deduction and item of tax-exempt income or Section 705(a)(2)(B) expenditure (or item treated as such expenditure pursuant to Section 1.704-1(b)(2)(iv)(i) of the Regulations) (“Tax Items”) that is taken into account in computing Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating GainLoss.

Appears in 26 contracts

Samples: Agreement (Steadfast Apartment REIT III, Inc.), Management Agreement (Preferred Apartment Communities Inc), Agreement (Steadfast Apartment REIT III, Inc.)

Items of Income or Loss. Except as is otherwise provided in this Exhibit BSection 5.01, an allocation of Partnership Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating Gain to a Partner shall be treated as an allocation to such Partner of the same share of each item of income, gain, loss, deduction and item of tax-exempt income or Section 705(a)(2)(B) expenditure (or item treated as such expenditure pursuant to Section 1.704-1(b)(2)(iv)(i) of the Regulations) (“Tax Items”) that is taken into account in computing Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating GainLoss.

Appears in 11 contracts

Samples: And (American Realty Capital Properties, Inc.), Agreement and Plan of Merger (American Realty Capital Properties, Inc.), Original Agreement (Global Net Lease, Inc.)

Items of Income or Loss. Except For federal income tax purposes, except as is otherwise provided in this Exhibit B, an allocation of Partnership Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating Gain to a Partner shall be treated as an allocation to such Partner of the same share of each item of income, gain, loss, deduction and item of tax-exempt income or Section 705(a)(2)(B) expenditure (or item treated as such expenditure pursuant to Section 1.704-1(b)(2)(iv)(i) of the Regulations) (“Tax Items”) that is taken into account in computing Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating GainLoss.

Appears in 4 contracts

Samples: Agreement (Inland Residential Properties Trust, Inc.), Agreement (Inland Residential Properties Trust, Inc.), Inland Residential Properties Trust, Inc.

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Items of Income or Loss. Except as is otherwise provided in this Exhibit B, an allocation of Partnership Net Income, Net Loss, Net Property Gain, Net Property Loss or Liquidating Gain to a Partner shall be treated as an allocation to such Partner of the same share of each item of income, gain, loss, deduction and item of tax-exempt income or Section 705(a)(2)(B) expenditure (or item treated as such expenditure pursuant to Section 1.704-1(b)(2)(iv)(i) of the Regulations) (“Tax Items”) that is taken into account in computing Net Income, Net Loss, Net Property Gain, Net Property Loss or Liquidating Gain.. 77

Appears in 2 contracts

Samples: Form of Agreement (NY Residential REIT, LLC), NY Residential REIT, LLC

Items of Income or Loss. Except as is otherwise provided in this Exhibit BSection 5.01, an allocation of Partnership Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating Gain to a Partner shall be treated as an allocation to such Partner of the same share of each item of income, gain, loss, deduction and item of tax-exempt income or Section 705(a)(2)(B) expenditure (or item treated as such expenditure pursuant to Section 1.704-1(b)(2)(iv)(i) of the Regulations) (“Tax Items”) that is taken into account in computing Net Income, Net Loss, Net Property Gain, Gain or Net Property Loss or Liquidating Gain.Loss. (ii) Section 1245/1250 Recapture. Subject to Section 5.01(f)(iii) below, if any portion of gain from the sale of Partnership assets is treated as gain

Appears in 1 contract

Samples: American Realty Capital Properties, Inc.

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