Common use of Maintenance of Indebtedness Clause in Contracts

Maintenance of Indebtedness. During the Tax Protection Period, the Operating Partnership shall use its best efforts to maintain, or cause to be maintained, an amount of indebtedness treated as Nonrecourse Liabilities of the Operating Partnership for purposes of Section 752 (including for this purpose Nonrecourse Liabilities attributed to the Operating Partnership under Treasury Regulations Section 1.752-4(a)) such that each Protected Partner is allocated (and the Operating Partnership shall so allocate to each Protected Partner), pursuant to Treasury Regulations Section 1.752-3, Nonrecourse Liabilities of the Operating Partnership in an amount no less than such Protected Partner’s Minimum Liability Amount (as identified on Schedule 4 attached hereto).

Appears in 4 contracts

Samples: Tax Protection Agreement (Broad Street Realty, Inc.), Tax Protection Agreement (Broad Street Realty, Inc.), Tax Protection Agreement (Broad Street Realty, Inc.)

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