Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).
Appears in 36 contracts
Samples: Agreement (Rexford Industrial Realty, Inc.), Rexford Industrial Realty, Inc., Agreement (Rexford Industrial Realty, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common in Common-Equivalent Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 23 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership in Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 21 contracts
Samples: Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3(vi).
Appears in 12 contracts
Samples: Form of Agreement (Corporate Property Associates 18 Global Inc), Carey Watermark Investors 2 Inc, Corporate Property Associates 18 Global Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 12 contracts
Samples: Agreement (Vici Properties Inc.), Agreement (Hudson Pacific Properties, L.P.), Agreement (Hudson Pacific Properties, L.P.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerLLC Units, subject to the limitations of this Section 6.4.A(vi6.3.A(5).
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Hcp, Inc.), Limited Liability Company Agreement (Health Care Property Investors Inc), Limited Liability Company Agreement (Health Care Property Investors Inc)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 10 contracts
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.), Thomas Properties Group Inc, Thomas Properties Group Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership in Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 9 contracts
Samples: Constructive Ownership Definition (Amb Property Corp), Amb Property Lp, Amb Property Corp
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(viParagraph 6.3(A)(vi).
Appears in 8 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/)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Common Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
Appears in 7 contracts
Samples: Apartment Investment & Management Co, Northstar Capital Investment Corp /Md/, Apartment Investment & Management Co
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss) would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss (or items of loss) shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Units, as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi5.3(b)(vi).
Appears in 7 contracts
Samples: Agreement (Perella Weinberg Partners), Business Combination Agreement (FinTech Acquisition Corp. IV), Perella Weinberg Partners
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Common Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3(c)(vi).
Appears in 7 contracts
Samples: NorthStar Realty Europe Corp., NorthStar Realty Europe Corp., NorthStar Asset Management Group Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Membership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Membership Units, as determined by the General PartnerManaging Member, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
Appears in 7 contracts
Samples: Limited Liability Company Agreement (BrightSpire Capital, Inc.), Limited Liability Company Agreement (Colony NorthStar Credit Real Estate, Inc.), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership in Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 6 contracts
Samples: Kilroy Realty, L.P., Kilroy Realty, L.P., Kilroy Realty, L.P.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Units, as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
Appears in 6 contracts
Samples: CyrusOne Inc., Avenue N Holdings LLC, CareTrust REIT, Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).
Appears in 6 contracts
Samples: International Market Centers, Inc., Agreement (CoreSite Realty Corp), Agreement (CoreSite Realty Corp)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
Appears in 6 contracts
Samples: Newkirk Realty Trust, Inc., Arbor Realty Trust Inc, Hilltop Holdings Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3.B(vi); provided that in the event such allocation would result in all Partners having an Adjusted Capital Account Deficit such Net Loss shall be allocated to the General Partner.
Appears in 6 contracts
Samples: Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss Losses or other items of loss or deduction would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi)hereof.
Appears in 6 contracts
Samples: Limited Partnership Agreement (Lexington Realty Trust), Contribution Agreement (Federal Realty Investment Trust), Limited Partnership Agreement (Lexington Master Limited Partnership)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi)Capital Account balances.
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.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Membership Units as determined by the General PartnerManaging Member, subject to the limitations of this Section 6.4.A(vi6.4(a)(vi).
Appears in 4 contracts
Samples: Operating Agreement (Healthpeak Properties, Inc.), Limited Liability Company Agreement (Kimco Realty OP, LLC), Limited Liability Company Agreement (Kimco Realty Corp)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.B(f).
Appears in 4 contracts
Samples: New Plan Excel Realty Trust Inc, Excel Realty Trust Inc, Excel Realty Trust Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerSection 6.2.B.2, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 4 contracts
Samples: Ii Contribution Agreement (Amb Property Lp), Ii Contribution Agreement (Amb Property Corp), Constructive Ownership Definition (Amb Property Corp)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss) would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss (or items of loss) shall be reallocated (x) first, among the other Holders of Partnership Class A Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Units, as determined by the General PartnerPartner (with the approval of the Original Limited Partner Representative), subject to the limitations of this Section 6.4.A(vi5.2(a)(vi).
Appears in 3 contracts
Samples: Business Combination Agreement (dMY Technology Group, Inc.), Business Combination Agreement (dMY Technology Group, Inc.), Rush Street Interactive, Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as a manner determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 3 contracts
Samples: Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(6).
Appears in 3 contracts
Samples: Agreement (Parking REIT, Inc.), Agreement (Mobile Infrastructure Corp), Parking REIT, Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss) would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss (or items of loss) shall be reallocated (x) first, among the other Holders of Partnership Company Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Company Units, as determined by the General PartnerManaging Member, subject to the limitations of this Section 6.4.A(vi5.3(b)(vi).
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement (Genesis Healthcare, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
Appears in 3 contracts
Samples: Hartman Short Term Income Properties XX, Inc., Douglas Emmett Inc, Global Signal Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3.C(vi).
Appears in 3 contracts
Samples: BioMed Realty Trust Inc, BioMed Realty Trust Inc, BioMed Realty Trust Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
Appears in 3 contracts
Samples: Agreement (Brixmor Operating Partnership LP), Agreement (Brixmor Property Group Inc.), Agreement (Brixmor Property Group Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.4(a)(vi).
Appears in 3 contracts
Samples: Agreement (Indus Realty Trust, Inc.), Orion Office REIT Inc., NewLake Capital Partners, Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss) would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss (or items of loss) shall be reallocated (xA) first, among the other Holders of Partnership Company Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (yB) thereafter, among the Holders of other classes of Partnership Units Company Units, as determined by the General PartnerManaging Member, subject to the limitations of this Section 6.4.A(vi5.3(a)(vi).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Wayne Farms, Inc.), Limited Liability Company Agreement (Wayne Farms, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders percentage shares of other classes of Partnership Units as determined by the General PartnerNet Loss absent such re-allocation, subject to the limitations of this Section 6.4.A(vi6.3(b)(vi).
Appears in 2 contracts
Samples: Hammons John Q Hotels Inc, Hammons John Q Hotels Inc
Limitation on Allocation of Net Loss. To the extent that any ------------------------------------ allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerLLC Units, subject to the limitations of this Section 6.4.A(vi6.3.A(5).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Bre Properties Inc /Md/), Limited Liability Company Agreement (Bre Properties Inc /Md/)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(6).
Appears in 2 contracts
Samples: Tarantula Ventures LLC, Dupont Fabros Technology, Inc.
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerBoard, subject to the limitations of this Section 6.4.A(vi6.3.A(6).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Mobile Infrastructure Corp), Limited Liability Company Agreement (Mobile Infrastructure Corp)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerLLC Units, subject to the limitations of this Section 6.4.A(vi6.3A.(5).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Hcp, Inc.), Limited Liability Company Agreement (Hcp, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3B(6).
Appears in 2 contracts
Samples: Arbor Realty Trust Inc, Arbor Realty Trust Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect the positive balances in such Members’ Capital Accounts so as to Partnership Common Units and (y) thereafter, among allocate the Holders of other classes of Partnership Units as determined by the General Partner, subject maximum permissible Net Losses to the limitations of this each Member under Regulations Section 6.4.A(vi1.704-1(b)(2)(ii)(d).
Appears in 2 contracts
Samples: Guaranty Agreement (Healthpeak Properties, Inc.), Limited Liability Company Agreement (Hcp, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss loss under Section 6.1 or Section 6.2 would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3(a)(vi).
Appears in 1 contract
Samples: T&w Financial Corp
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall 28 be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3(vi).
Appears in 1 contract
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss Losses or other items of loss or deduction would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi)hereof.
Appears in 1 contract
Samples: Operating Agreement (Lexington Corporate Properties Trust)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss or Depreciation would cause or increase an Adjusted Capital Account Deficit as to any HolderUnitholder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Unitholders in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.A(6).
Appears in 1 contract
Samples: Agreement (Koger Equity Inc)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as a manner determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3(a)(vi).
Appears in 1 contract
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.B(f).. (g)
Appears in 1 contract
Samples: Agreement (Price Reit Inc)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerPercentages, subject to the limitations of this Section 6.4.A(vi6.2(h).
Appears in 1 contract
Samples: Limited Liability Company Agreement (U S Energy Systems Inc)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).6.3.F.
Appears in 1 contract
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss or deduction) would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss (or items of loss or deduction) shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Units, as determined by the General PartnerOperating Managing Member, subject to the limitations of this Section 6.4.A(vi6.3(b)(vi).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Five Point Holdings, LLC)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss Losses or other items of loss or deduction would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Tranche II Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi)hereof.
Appears in 1 contract
Samples: Registration Rights Agreement (Lexington Corporate Properties Trust)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Units, as determined by the General PartnerManager, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Alexander & Baldwin, Inc.)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Partners in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3.A(6).
Appears in 1 contract
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss or deduction) would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss (or items of loss or deduction) shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units Interests, and (y) thereafter, among the Holders of other classes of Partnership Units Units, as determined by the Managing General Partner, subject to the limitations of this Section 6.4.A(vi6.3(b)(vi).
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Samples: Limited Partnership Agreement (Five Point Holdings, LLC)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss Losses or other items of loss or deduction would cause or increase an Adjusted Capital Account Deficit as to any Holdereither Member, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi)hereof.
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Samples: Limited Liability Company Agreement (Lexington Corporate Properties Trust)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderMember, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Members in accordance with their respective Percentage Interests with respect the positive balances in such Members’ Capital Accounts so as to Partnership Common Units and (y) thereafter, among allocate the Holders of other classes of Partnership Units as determined by the General Partner, subject maximum permissible Net Losses to the limitations of this each member under Regulations Section 6.4.A(vi1.704-1(b)(2)(ii)(d).
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Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss or Depreciation would cause or increase an a deficit in the Adjusted Capital Account Deficit as to of any HolderUnitholder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Unitholders in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.A(6).
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Samples: CRT Properties Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to the Holder of Units of any Holderclass, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units of that same class, in accordance with their respective Percentage Interests with respect to Partnership Common Units in such class of Units, and (y) thereafterthereafter in the discretion of the Manager, among the Holders of other classes of Partnership Units as determined by the General Partnerin each case, subject to the limitations of this Section 6.4.A(vi6.3(a)(vi).
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Limitation on Allocation of Net Loss. To the extent that ------------------------------------ any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi6.3.B(vi).
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Samples: Westfield America Inc
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(6).. 58 of 125
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Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).in
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Samples: Amb Property Corp
Limitation on Allocation of Net Loss. To the extent that any ------------------------------------ allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderHolder of Partnership Units, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerUnits, subject to the limitations of this Section 6.4.A(vi6.3.B(f).
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Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss (or items of loss or deduction) would cause or increase an Adjusted Capital Account Deficit as to any HolderPartner, such allocation of Net Loss (or items of loss or deduction) shall be reallocated (x) first, among to the other Holders holders of Partnership Common Class B-1 Units in accordance with proportion to their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General PartnerInterests, subject to the limitations of this Section 6.4.A(vi2.2(b)(vii).
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Samples: Interest and Asset Purchase Agreement (SVB Financial Group)
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to interests in the Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3A(vi).
Appears in 1 contract
Samples: MacKenzie Realty Capital, Inc.
Limitation on Allocation of Net Loss. To the extent that any ------------------------------------ allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any HolderUnitholder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units Unitholders in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi)Units.
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Limitation on Allocation of Net Loss. To the extent that any ------------------------------------ allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership in Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi6.3.A(vi).
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Samples: Kilroy Realty Corp
Limitation on Allocation of Net Loss. To the extent that any allocation of Net Loss would cause or increase an Adjusted Capital Account Deficit as to any Holder, such allocation of Net Loss shall be reallocated (x) first, among the other Holders of Partnership Common Units in accordance with their respective Percentage Interests with respect to Partnership Common Units and (y) thereafter, among the Holders of other classes of Partnership Units as determined by the General Partner, subject to the limitations of this Section 6.4.A(vi).. Table of Contents
Appears in 1 contract
Samples: Spirit Realty, L.P.
