Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 38 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement (Spirit Realty Capital, Inc.), Op Contribution Agreement (American Assets Trust, Inc.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 24 contracts
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.), Constructive Ownership Definition (Digital Realty Trust, Inc.), Credit Agreement (Digital Realty Trust, L.P.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 19 contracts
Samples: Asset Purchase Agreement (Hudson Pacific Properties, Inc.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 6.02 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.03(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 18 contracts
Samples: Merger Agreement (Ready Capital Corp), Management Agreement (ZAIS Financial Corp.), Second Amendment (ZAIS Financial Corp.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 16 contracts
Samples: Constructive Ownership Definition (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Lp)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 12 contracts
Samples: Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3(i).
Appears in 11 contracts
Samples: Agreement (Carey Watermark Investors Inc), Form of Agreement (Corporate Property Associates 18 Global Inc), Corporate Property Associates 17 - Global INC
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 11 contracts
Samples: Constructive Ownership Definition (Amb Property Corp), Amb Property Corp, Maguire Properties Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Section 7.03, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Owner shall be specially allocated items of Partnership Trust income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such HolderOwner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section in accordance with section 1.704-2(g)) of the Regulations. Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Owner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections sections 1.704-2(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i7.03(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations Section chargeback requirement in section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 10 contracts
Samples: Trust Agreement, Trust Agreement (National Collegiate Student Loan Trust 2006-2), Trust Agreement (National Collegiate Student Loan Trust 2006-1)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder of Partnership Common Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3B(1) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 7 contracts
Samples: Agreement (Aimco OP L.P.), Apartment Income REIT Corp., Aimco Properties L.P.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof5.2, or any other provision of this Article 6V, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section section 1.704-2(g2(g)(2). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i5.3(b)(i) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirement in Regulations Section section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 7 contracts
Samples: Agreement (Perella Weinberg Partners), Business Combination Agreement (FinTech Acquisition Corp. IV), Moelis & Co
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 7 contracts
Samples: Ii Contribution Agreement (Amb Property Lp), Agreement of Limited Partnership (American Campus Communities Inc), Ii Contribution Agreement (Amb Property Corp)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Section 7.03, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Owner shall be specially allocated items of Partnership Trust income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s Owner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section in accordance with section 1.704-2(g)) of the Regulations. Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Owner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections sections 1.704-2(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i7.03(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations Section chargeback requirement in section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 5 contracts
Samples: Alternative Servicing Agreement (National Collegiate Student Loan Trust 2007-2), Authority And (National Collegiate Student Loan Trust 2004-2), Trust Agreement (National Collegiate Funding LLC)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article Section 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder of Partnership Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.1(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 5 contracts
Samples: Agreement (Arizona Land Income Corp), Agreement (Arizona Land Income Corp), Agreement (Pacific Office Properties Trust, Inc.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Allocation Year, each Interest Holder shall be specially allocated items of Partnership income and gain for such year Allocation Year (and, if necessary, subsequent yearsAllocation Years) in an amount equal to such Interest Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Interest Holder pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i) 6.4.1 is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 5 contracts
Samples: Eme Homer City Generation Lp, Eme Homer City Generation Lp, Eme Homer City Generation Lp
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 5 contracts
Samples: Management and Operations (Invesco Mortgage Capital Inc.), Invesco Agency Securities Inc., Ny Credit Corp.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 5 contracts
Samples: Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereofof the Agreement, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(A)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulations and this Section 6.3(A)(i).
Appears in 4 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/)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Company Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership Company income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Company Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.4(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
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)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f1.704‑2(f), notwithstanding the provisions of Section 6.2 6.02 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g1.704‑2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(61.704‑2(f)(6) and 1.704-2(j)(21.704‑2(j)(2). This Section 6.4.A(i6.03(a)(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f1.704‑2(f) and shall be interpreted consistently therewith.
Appears in 4 contracts
Samples: Joinder Agreement (Etre Reit, LLC), First (Empire State Realty Trust, Inc.), First (Empire State Realty OP, L.P.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 4 contracts
Samples: Extra Space Storage Inc., Extra Space Storage Inc., Extra Space Storage Inc.
Minimum Gain Chargeback. Except Notwithstanding the provisions of Section 6.1 of the Agreement or any other provisions of this Exhibit C, except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yeartaxable year, then, subject to the exceptions set forth in Regulations Sections 1.704-2(f)(2)-(5), each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i1(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirements in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 4 contracts
Samples: Pledge Agreement (NetSTREIT Corp.), Pledge Agreement (NetSTREIT Corp.), Pledge Agreement (NetSTREIT Corp.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 3 contracts
Samples: Agreement (Rexford Industrial Realty, Inc.), Agreement (Rexford Industrial Realty, Inc.), Rexford Industrial Realty, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 3 contracts
Samples: Safety, Income & Growth, Inc., Safety, Income & Growth, Inc., Aspen REIT, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 3 contracts
Samples: Douglas Emmett Inc, Hartman Short Term Income Properties XX, Inc., Global Signal Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.C(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.C(i).
Appears in 3 contracts
Samples: BioMed Realty Trust Inc, BioMed Realty Trust Inc, BioMed Realty Trust Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof5.1, or any other provision of this Article 6V, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g2(g)(2). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i5.2(a)(i) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirement in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 3 contracts
Samples: Blue Owl Capital Inc., Blue Owl Capital Inc., Blue Owl Capital Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Section 3, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Partner and Interest Holder shall be specially allocated items of Partnership income and gain for such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to such Partner’s and Interest Holder’s share of the net decrease in Partnership Minimum Gain, as determined under in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Partner and Interest Holder pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i3.2(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirement in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: OCI Resources LP, OCI Resources LP
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3(i).
Appears in 2 contracts
Samples: Carey Watermark Investors 2 Inc, Corporate Property Associates 17 - Global INC
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding Notwithstanding the provisions of Section 6.2 hereof, 5.1 of the Agreement or any other provision provisions of this Article 6Exhibit E, if there is a net decrease in Partnership Minimum Gain during any Partnership Yeartaxable year, then, subject to the exceptions set forth in Regulations Sections 1.704-2(f)(2)-(5), each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections Section 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(il(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirements in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Sentio Healthcare Properties Inc), Securities Purchase Agreement (Sentio Healthcare Properties Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof5.1, or any other provision of this Article 6V, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section section 1.704-2(g2(g)(2). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i5.2(a)(i) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirement in Regulations Section section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Business Combination Agreement (dMY Technology Group, Inc.), Rush Street Interactive, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Allocation Year, each Holder shall be specially allocated items of Partnership income and gain for such year Allocation Year (and, if necessary, subsequent yearsAllocation Years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(1) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A.(1).
Appears in 2 contracts
Samples: Campus Crest Communities, Inc., Campus Crest Communities, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Section 4, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Owner shall be specially allocated items of Partnership Trust income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s Owner's share of the net decrease in Partnership Minimum Gain, as determined under in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Owner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i7.03(b) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Trust Agreement (National Collegiate Trust 1996-S2), Authority And (National Collegiate Trust 1996-S2)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6V, if there is a net decrease in Partnership Company Minimum Gain during any Partnership YearCompany fiscal year or other shorter period, each Holder holder of Financial Rights shall be specially allocated items of Partnership Company income and gain for such year or other shorter period (and, if necessary, subsequent years) in an amount equal to such Holder’s person's share of the net decrease in Partnership Company Minimum Gain, as determined under in accordance with Regulations Section 1.704-section 1.704- 2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder holder of Financial Rights pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6sections 1.704-(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i) section 5.3.1 is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations Section chargeback requirement in section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.. 5.3.2
Appears in 2 contracts
Samples: Operating Agreement (Dynamic Associates Inc), Operating Agreement (Dynamic Associates Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Feldman Mall Properties, Inc., Feldman Mall Properties, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereofof this Agreement, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(A)(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3(A)(i).
Appears in 2 contracts
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This For clarity, this Section 6.4.A(i6.3.A(1) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Regulation Section 1.704-2(f) and shall be interpreted consistently therewith).
Appears in 2 contracts
Samples: Tarantula Ventures LLC, Dupont Fabros Technology, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 2 contracts
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof4.2 of this Agreement, or any other provision of this Article 64, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i4.3(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 4.3(a)(i).
Appears in 2 contracts
Samples: Contribution Agreement (Thomas Properties Group Inc), Contribution Agreement (Thomas Properties Group Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereofof the Agreement, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(A)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3(A)(i).
Appears in 2 contracts
Samples: Tanger Factory Outlet Centers Inc, Tanger Properties LTD Partnership /Nc/
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.4(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Agreement (Indus Realty Trust, Inc.), Orion Office REIT Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Unitholder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Unitholder's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Unitholder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(a) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Excel Realty Trust Inc, Excel Realty Trust Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section ----------------------- 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6IV, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations in accordance with Section 1.704-2(g)) of the Regulations. Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i4.3(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 2 contracts
Samples: Incorporation and Exchange Agreement (Brylane Inc), Brylane Capital Corp
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or Notwithstanding any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during for any Partnership Yearfiscal year (except as a result of conversion or refinancing of Partnership indebtedness, certain capital contributions or revaluation of the Partnership property as further outlined in Section 1.704-2(f) of the Regulations), each Holder holder of Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s that holder's share of the net decrease in Partnership Minimum Gain, Gain as determined under Regulations Section 1.704-2(g)) of the Regulations. The items to be so allocated shall be determined in accordance with Section 1.704-2(f) of the Regulations. This clause (i) is intended to comply with the minimum gain chargeback requirement in said section of the Regulations and shall be interpreted consistently therewith. Allocations pursuant to the previous sentence this clause 32 (i) shall be made in proportion to the respective amounts required to be allocated to each Holder holder of Units pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewithhereto.
Appears in 1 contract
Samples: Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Section 3, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each General Partner and Interest Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPerson’s share of the net decrease in Partnership Minimum Gain, as determined under in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each General Partner and Interest Holder pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(62(f) (6) and 1.704-2(j)(2)2 (j) (2) of the Regulations. This Section 6.4.A(i3. 3 (a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: OHI Asset (CT) Lender, LLC
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Agreement, if there is a net decrease in Partnership Minimum Gain partnership minimum gain (as defined in Regulations section 1.704-2(b)(2)) during any Partnership Yearfiscal year or other period, each Holder Member shall be specially allocated items of Partnership Company income and gain for such year period (and, if necessary, subsequent yearsperiods) in an amount equal to such HolderMember’s share of the net decrease in Partnership Minimum Gainpartnership minimum gain, as determined under in accordance with Regulations Section section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Member pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i5.06(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirement in Regulations Section section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Avalon GloboCare Corp.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Rayonier, L.P.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereofof the Agreement, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(A)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3(A)(i).
Appears in 1 contract
Samples: Pan Pacific Retail Properties Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 6.02 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.03(a)(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereofof this Agreement, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.4(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: NewLake Capital Partners, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, 6.1 of the Agreement or any other provision provisions of this Article 6Exhibit C, if there is a net decrease in Partnership Minimum Gain during any Partnership Yeartaxable year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections Section 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i1.(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirements in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith. Solely for purposes of this Section 1.(a), each Partner’s Adjusted Capital Account Deficit shall be determined prior to any other allocations pursuant to Section 6.1 of Partner Minimum Gain during such Partnership taxable year.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nationwide Health Properties Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder of Partnership Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3B(1) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Arbor Realty Trust Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 6.02 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.03(a)(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof5.1, or any other provision of this Article 6V, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership income and gain for such year Fiscal Year (and, if necessary, subsequent yearsFiscal Years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section section 1.704-2(g2(g)(2). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i5.2(a)(i) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirement in Regulations Section section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Business Combination Agreement (dMY Technology Group, Inc.)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or Notwithstanding any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during for any Partnership Yearfiscal year (except as a result of conversion or refinancing of Partnership indebtedness, certain capital contributions or revaluation of the Partnership property as further outlined in Section 1.704-2(f) of the Regulations), each Holder holder of OP Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s that holder's share of the net decrease in Partnership Minimum Gain, Gain as determined under Regulations Section 1.704-2(g)) of the Regulations. The items to be so allocated shall be determined in accordance with Section 1.704-2(f) of the Regulations. This clause (i) is intended to comply with the minimum gain chargeback requirement in said section of the Regulations and shall be interpreted consistently therewith. Allocations pursuant to the previous sentence this clause (i) shall be made in proportion to the respective amounts required to be allocated to each Holder holder of OP Units pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewithhereto.
Appears in 1 contract
Samples: Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or Notwithstanding any other provision of this Article 6VII, except the paragraph immediately following this paragraph, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under in accordance with Regulations Section 1.704-2(g2(g)(2), that is allocable to the disposition of Partnership property subject to Nonrecourse Liabilities, determined in accordance with Regulations Section 1.704- 2(f)(6). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and 1.704- 2(j)(2) of the Regulations. This Section 7.5(a) is intended to comply with the minimum gain chargeback requirement in such Section of the Regulations and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Limited Partnership Agreement (New Gaming Capital Partnership)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-1.704- 2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-1.704- 2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: ir.extraspace.com
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or Notwithstanding any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during for any Partnership Yearfiscal year (except as a result of conversion or refinancing of Partnership indebtedness, certain capital contributions or revaluation of the Partnership property as further outlined in Section 1.704-2(f) of the Regulations), each Holder holder of Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s that holder's share of the net decrease in Partnership Minimum Gain, Gain as determined under Regulations Section 1.704-2(g)) of the Regulations. The items to be so allocated shall be determined in accordance with Section 1.704-2(f) of the Regulations. This clause (i) is intended to comply with the minimum gain chargeback requirement in said section of the Regulations and shall be interpreted consistently therewith. Allocations pursuant to the previous sentence this clause (i) shall be made in proportion to the respective amounts required to be allocated to each Holder holder of Units pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewithhereto.
Appears in 1 contract
Samples: Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith. Regulation Section 1.704-2(f) shall be controlling in the event of a conflict between such Regulation and this Section 6.3A(i).
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(1) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof6.2, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Workspace Property Trust
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(a) is intended to qualify as a “minimum gain chargeback” "Minimum Gain Chargeback" within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Cornerstone Realty Income Trust Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6Section 3, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each General Partner and Interest Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Person's share of the net decrease in Partnership Minimum Gain, as determined under in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each General Partner and Interest Holder pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(61.7042(f)(6) and 1.704-2(j)(2)2 (j) (2) of the Regulations. This Section 6.4.A(i3.3 (a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: OHI Asset (CT) Lender, LLC
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or Notwithstanding any other provision of this Article 6Agreement (including Section 6.1 above), if there is a net decrease in Partnership Minimum Gain during any fiscal year (except to the extent attributable to certain conversions and refinancings of Partnership Yearindebtedness, certain capital contributions or certain revaluations of the Partnership property as further described in Regulations Sections 1.704- 2(d)(4), 1.704-2(f)(2) or 1.704-2(f)(3)), each Holder Partner shall be specially specifically allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections Section 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) 6.4.A is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirements in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith).
Appears in 1 contract
Samples: Agree Realty Corp
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder of Partnership Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3B(1) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Arbor Realty Trust Inc
Minimum Gain Chargeback. Except as otherwise provided in ----------------------- Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(a) is intended to qualify as a “minimum gain chargeback” "Minimum Gain Chargeback" within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(b)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Limited Partnership Agreement (Five Point Holdings, LLC)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder of Partnership Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Newkirk Realty Trust, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f)) of the Regulations, notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 64, if there is a net decrease in Partnership Minimum Gain during any Partnership Allocation Year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year Allocation Year (and, if necessary, subsequent yearsAllocation Years) in an amount equal to such Holder’s Partner's share of the net decrease in Partnership Minimum Gain, as determined under Regulations in accordance with Section 1.704-2(g)) of the Regulations. Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2)) of the Regulations. This Section 6.4.A(i4.3(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of Regulations chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Agreement (Astra Ab /Adr/)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereofof the Agreement, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Yearfiscal year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s 's share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “"minimum gain chargeback” " within the meaning of Regulations Regulation Section 1.704-2(f) and which shall be interpreted consistently therewithcontrolling in the event of a conflict between such Regulation and this Section 6.3.A(i).
Appears in 1 contract
Samples: National Golf Properties Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder Unitholder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderUnitholder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Unitholder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(22j)(2). This Section 6.4.A(i6.3.B(a) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: New Plan Excel Realty Trust Inc
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, 6.1 of the Agreement or any other provision provisions of this Article 6Exhibit B, if there is a net decrease in Partnership Minimum Gain during any Partnership Yeartaxable year, each Holder Partner shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such HolderPartner’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder Partner pursuant thereto. The items to be so allocated shall be determined in accordance with Regulations Sections Section 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i1.(a) is intended to qualify as a “comply with the minimum gain chargeback” within the meaning of chargeback requirements in Regulations Section 1.704-2(f) and shall be interpreted consistently therewith. Solely for purposes of this Section 1.(a), each Partner’s Adjusted Capital Account Deficit shall be determined prior to any other allocations pursuant to Section 6.1 of Partner Minimum Gain during such Partnership taxable year.
Appears in 1 contract
Samples: Ventas, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f1.7042(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or Notwithstanding any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during for any Partnership Yearfiscal year (except as a result of conversion or refinancing of Partnership indebtedness, certain capital contributions or revaluation of the Partnership property as further outlined in Section 1.704-2(f) of the Regulations), each Holder holder of RP Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s that holder's share of the net decrease in Partnership Minimum Gain, Gain as determined under Regulations Section 1.704-2(g)) of the Regulations. The items to be so allocated shall be determined in accordance with Section 1.704-2(f) of the Regulations. This clause (i) is intended to comply with the minimum gain chargeback requirement in said section of the Regulations and shall be interpreted consistently therewith. Allocations pursuant to the previous sentence this clause (i) shall be made in proportion to the respective amounts required to be allocated to each Holder holder of RP Units pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewithhereto.
Appears in 1 contract
Samples: Limited Partnership Agreement (Starwood Hotel & Resorts Worldwide Inc)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6VI, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.B(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.. Back to Contents
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3A(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: MacKenzie Realty Capital, Inc.
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Year, each Holder shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 5.02 hereof, or any other provision of this Article 6V, if there is a net decrease in Partnership Company Minimum Gain during any Partnership Company Year, each Holder shall be specially allocated items of Partnership Company income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Company Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i5.03(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Reliance Real Estate Trust, LLC)
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof7.2, or any other provision of this Article 6VII, if there is a net decrease in Partnership Minimum Gain during any Partnership Company Year, each Holder shall be specially allocated items of Partnership Company income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i7.3(a)(i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract
Minimum Gain Chargeback. Except as otherwise provided in Regulations Section 1.704-2(f), notwithstanding the provisions of Section 6.2 hereof, or any other provision of this Article Section 6, if there is a net decrease in Partnership Minimum Gain during any Partnership Fiscal Year, each Holder of Partnership Units shall be specially allocated items of Partnership income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Holder’s share of the net decrease in Partnership Minimum Gain, as determined under Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Holder pursuant thereto. The items to be allocated shall be determined in accordance with Regulations Sections 1.704-2(f)(6) and 1.704-2(j)(2). This Section 6.4.A(i6.3.1 (i) is intended to qualify as a “minimum gain chargeback” within the meaning of Regulations Section 1.704-2(f) and shall be interpreted consistently therewith.
Appears in 1 contract