Common use of Recapture Income Clause in Contracts

Recapture Income. If, in the event of a gain on any sale, exchange or other disposition of property of the Company, all or a portion of such gain is characterized as ordinary income (“Recapture”) by virtue of the recapture rules of Section 1250 of the Code, Section 1245 of the Code or otherwise, then the Recapture shall be allocated between or among the Members in the same ratio that Tax Depreciation allowable with respect to such property of the Company had been allocated between or among them; provided, however, that under no circumstances shall there be allocated to any Member Recapture in excess of the gain allocated to such Member under subsection B of this Section above (and such excess shall be allocated instead between or among the Members as to which this proviso does not apply, in proportion to the gain allocated between or among them).

Recapture Income. If, in the event of a gain on any sale, exchange or other disposition of property of the CompanyPartnership Property, all or a portion of such gain is characterized as ordinary income (“"Recapture”") by virtue of the recapture rules of Section 1250 of the Code1250, Section 1245 of the Code or otherwise, then the Recapture shall be allocated between or among the Members Partners in the same ratio that Tax Depreciation allowable with respect to such property of the Company Partnership Property had been allocated between or among them; provided, however, that under no circumstances shall there be allocated to any Member Partner Recapture in excess of the gain allocated to such Member Partner under subsection B of this Section A above (and such excess shall be allocated instead between or among the Members Partners as to which this proviso does not apply, in proportion to the gain allocated between or among them).

Recapture Income. If, in the event of a gain on any sale, exchange or other disposition of property of the CompanyCompany Property, all or a portion of such gain is characterized as ordinary income (“Recapture”) by virtue of the recapture rules of Section 1250 of the Code, Section 1245 of the Code or otherwise, then the Recapture shall be allocated between or among the Members in the same ratio that Tax Depreciation allowable with respect to such property Property of the Company had been allocated between or among them; provided, however, that under no circumstances shall there be allocated to any Member Recapture in excess of the gain allocated to such Member under subsection B A of this Section above (and such excess shall be allocated instead between or among the Members as to which this proviso does not apply, in proportion to the gain allocated between or among them).

Recapture Income. If, in the event of a gain on any sale, exchange or other disposition of property of the CompanyCompany property, all or a portion of such gain is characterized as ordinary income (“Recapture”) by virtue of the recapture rules of Section 1250 of the Code1250, Section 1245 of the Code or otherwise, then the Recapture shall be allocated between or among the Members in the same ratio that Tax Depreciation allowable with respect to such Company property of the Company had been allocated between or among them; provided, however, that under no circumstances shall there be allocated to any Member Recapture in excess of the gain Tax Depreciation allocated to such Member under subsection B of this Section A above (and such excess shall be allocated instead between or among the Members as to which this proviso does not apply, in proportion to the gain Tax Depreciation allocated between or among them).

Recapture Income. If, in the event of a gain on any sale, exchange or other disposition of property of the CompanyCompany Property, all or a portion of such gain is characterized as ordinary income (“"Recapture”") by virtue of the recapture rules of Section 1250 of the Code1250, Section 1245 of the Code or otherwise, then the Recapture shall be allocated between or among the Members in the same ratio that Tax Depreciation allowable with respect to such property of the Company Property had been allocated between or among them; provided, however, that under no circumstances shall there be allocated to any Member Recapture in excess of the gain allocated to such Member under this subsection B of this Section above (and such excess shall be allocated instead between or among the Members as to which this proviso does not apply, in proportion to the gain allocated between or among them).

Recapture Income. If, in the event of a gain on any sale, exchange or other disposition of property of the CompanyCompany Property, all or a portion of such gain is characterized as ordinary income (“Recapture”) by virtue of the recapture rules of Section 1250 of the Code, Section 1245 of the Code or otherwise, then the Recapture shall be allocated between or among the Members in the same ratio that Tax Depreciation allowable with respect to such property of the Company had been allocated between or among them; provided, however, that under no circumstances shall there be allocated to any Member Recapture in excess of the gain allocated to such Member under subsection B A of this Section above (and such excess shall be allocated instead between or among the Members as to which this proviso does not apply, in proportion to the gain allocated between or among them).