Common use of Recapture Income Clause in Contracts

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 43 contracts

Samples: Agreement (Broad Street Realty, Inc.), Host Hotels & Resorts L.P., Freehold Properties, Inc.

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Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit CC hereto, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 16 contracts

Samples: Fourth (Gramercy Property Trust Inc.), Gramercy Property Trust, Gramercy Property Trust Inc.

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit CC hereof, be characterized as Recapture Income in the same proportions and to the same extent Income, as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Incomerequired by Regulations Section 1.1245-1(e).

Appears in 13 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit Cthis Section 6.2, be characterized as Recapture Income in the same proportions and to the same extent as such Partners (or their predecessors in interest) have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 9 contracts

Samples: Suburban Propane Partners Lp, Suburban Propane Partners Lp, Suburban Propane Partners Lp

Recapture Income. Any gain allocated to the Partners Members upon the sale or other taxable disposition of any Partnership Company asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners Members have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Nexpoint Diversified Real Estate Trust), Limited Liability Company Agreement (Welltower OP LLC), Operating Agreement (Broadstone Net Lease, Inc.)

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit CSection 5.1(c), be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 4 contracts

Samples: Limited Partnership Agreement (OPC Residential Properties Trust, Inc.), Limited Partnership Agreement (NorthStar Real Estate Income Trust, Inc.), Limited Partnership Agreement (NorthStar Real Estate Income Trust, Inc.)

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible reasonably practicable after taking into account other required allocations of gain pursuant to Exhibit CSections 6.5 and 6.6, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 4 contracts

Samples: InfraREIT, Inc., InfraREIT, Inc., InfraREIT, Inc.

Recapture Income. Any gain allocated to the Partners upon the sale a Sale or other taxable disposition Disposition of any Partnership asset property shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 3 contracts

Samples: Shelbourne Properties Iii Inc, Shelbourne Properties Ii Inc, Shelbourne Properties I Inc

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, shall to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit EXHIBIT C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 3 contracts

Samples: Gotham Golf Corp, Gotham Golf Corp, Gotham Golf Corp

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit CSections 5.01(c) through (f), be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 3 contracts

Samples: Schedules and Exhibits (Four Springs Capital Trust), Four Springs Capital Trust, Four Springs Capital Trust

Recapture Income. Any gain allocated to the Partners upon the ---------------- sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and --------- to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 2 contracts

Samples: Host Marriott Trust, Host Marriott L P

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 2 contracts

Samples: Burnham Pacific Properties Inc, National Health Realty Inc

Recapture Income. Any In accordance with Regulations Sections 1.1245-1(e) and 1.1250-1(f), any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit CC hereto, be characterized as Recapture Income in the same proportions and to the same extent as such Partners (or their predecessors in interest) have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 2 contracts

Samples: CBL & Associates Limited Partnership, CBL & Associates Limited Partnership

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit Cthis Section 6.3, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 2 contracts

Samples: Tarantula Ventures LLC, Dupont Fabros Technology, Inc.

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Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, Property shall to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit CSection 6.3(b), be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture IncomeIncome (including deductions taken by any Partner with respect to Contributed Property prior to the time such Property was contributed to the Partnership).

Appears in 2 contracts

Samples: Hammons John Q Hotels Inc, Hammons John Q Hotels Inc

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit C, this Section 4.2 be characterized as Recapture Income in the same proportions and to the same extent as such Partners (or their predecessors in interest) have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 2 contracts

Samples: General Partnership Agreement (DCP Midstream Partners, LP), General Partnership Agreement (DCP Midstream Partners, LP)

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, shall to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 1 contract

Samples: Carramerica Realty Corp

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit CSections 5.1(b) through (d), be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 1 contract

Samples: Four Springs Capital Trust

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, shall to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit CSection 6.2, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 1 contract

Samples: Prologis

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.. Exhibit 10.1

Appears in 1 contract

Samples: Agreement (Education Realty Operating Partnership L P)

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Section 6.1.C. and Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 1 contract

Samples: Cornerstone Properties Inc

Recapture Income. Any gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit CSection 6.3, shall be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 1 contract

Samples: Irt Property Co

Recapture Income. Any taxable gain allocated to the Partners upon the sale or other taxable disposition of any Partnership asset shall, shall to the extent possible possible, after taking into account other required allocations of gain pursuant to Exhibit C, be characterized as Recapture Income in the same proportions and to the same extent as such Partners have been allocated any deductions directly or indirectly giving rise to the treatment of such gains as Recapture Income.

Appears in 1 contract

Samples: Highwoods Properties Inc

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