Rep. No. 91–1444 (part I), 91st Cong., 2d Sess. 81–85 (1970). Under the common law, in a criminal forfeiture pro- ceeding the defendant was apparently entitled to no- xxxx, trial, and a special jury finding on the factual is- sues surrounding the declaration of forfeiture which followed his criminal conviction. Subdivision (c)(2) pro- vides for notice. Changes in rules 31 and 32 provide for a special jury finding and for a judgment authorizing the Attorney General to seize the interest or property forfeited. NOTES OF ADVISORY COMMITTEE ON RULES—1979 AMENDMENT The amendment to rule 7(c)(2) is intended to clarify its meaning. Subdivision (c)(2) was added in 1972, and, as noted in the Advisory Committee Note thereto, was ‘‘intended to provide procedural implementation of the recently enacted criminal forfeiture provision of the Organized Crime Control Act of 1970, Title IX, § 1963, and the Comprehensive Drug Abuse Prevention and Control Act of 1970, Title II, § 408(a)(2).’’ These provi- sions reestablished a limited common law criminal for- feiture, necessitating the addition of subdivision (c)(2) and corresponding changes in rules 31 and 32, for at common law the defendant in a criminal forfeiture pro- ceeding was entitled to notice, trial, and a special jury finding on the factual issues surrounding the declara- tion of forfeiture which followed his criminal convic- tion. Although there is some doubt as to what forfeitures should be characterized as ‘‘punitive’’ rather than ‘‘re- medial,’’ see Note, 62 Cornell L.Rev. 768 (1977), subdivi- sion (c)(2) is intended to apply to those forfeitures which are criminal in the sense that they result from a special verdict under rule 31(e) and a judgment under rule 32(b)(2), and not to those resulting from a separate in rem proceeding. Because some confusion in this re- gard has resulted from the present wording of subdivi- sion (c)(2), United States x. Xxxx, 521 F.2d 406 (9th Cir. 1975), a clarifying amendment is in order. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—2000 AMENDMENT The rule is amended to reflect new Rule 32.2, which now governs criminal forfeiture procedures. GAP Report—Rule 7. The Committee initially made no changes to the published draft of the Rule 7 amend- ment. However, because of changes to Rule 32.2(a), dis- cussed infra, the proposed language has been changed to reflect that the indictment must provide ...
Rep. No. on Annex D-1 Mortgage Loan Name and Number as Identified on Annex A-1 Description of Exception
Rep. No. 29 -
Rep. NO. 95-989, at 9 (1978) reprinted in 16 XXXX X. XXXXXXX & XXXXXX X. XXXXXXX, BANKRUPTCY REFORM ACT OF 1978: A LEGISLATIVE HISTORY (Xxxxxxx X. Xxxx & Co. 1979) (“Since [the 1976 Amendments] there have been no developments in municipal arrangement proceedings to re- quire any new revision of the law. Thus, the bill tracks the provisions of Public Law 94-260 with stylistic changes to conform to the title.”).
Rep. NO. 94-686, at 6 (1976), reprinted in 1976 U.S.C.C.A.N. 539, 543. 225H.R. REP. NO. 94-686 at 12, reprinted in 1976 U.S.C.C.A.N. 539, 549 (“The bill gives broad discre- tion to the petitioner and the court in developing and approving the plan.”). 226Pub. L. No. 94-260, 90 Stat. 315, 316 (1976) (amending former 11 U.S.C.); see H.R. REP. NO. 94- 686, at 8, reprinted in 1976 U.S.C.C.A.N. 539, 546 (“The bill grants the court . . . powers which a bankruptcy court has under Chapters X and XI, and under section 77, but which had not previously been granted under Chapter IX. The first is the power to permit the petitioner to reject executory contracts.”).
Rep. NO. 38 - NON-RECOURSE EXCEPTIONS LOAN NO. 755440 - 0000 XXXXX XXXXXXXXX XXXX EXPLANATION - The Mortgage Loan does not have a natural person liable for any of the recourse carve-outs. Continental Properties Company, Inc. guarantees the recourse carve-outs. LOAN XX. 000000 - XXXXX XXXXXXXX XXXX CENTER EXPLANATION - The Mortgage Loan does not have a natural person liable for any of the recourse carve-outs. LOAN NO. 755148 - 436 NORTH BEDFORD DRIVE EXPLANATION - The Mortgage Loan does not have a natural person liable for any of the recourse carve-outs. G&L Realty Partnership, L.P. guarantees the recourse carve-outs. Also, Xxxxxx Xxxxxxxx and Xxxxxx Xxxxxxxx unconditionally guarantee the payment of the last $4,000,000 of the loan amount. Schedule B List of Mortgagors that are Third-Party Beneficiaries Under Section 5.5 NONE Schedule C List of Mortgage Loans Subject to Secured Creditor Impaired Property Policies NONE EXHIBIT 3 PRICING FORMULATION Bear $ 391,922,367 MSMC $ 351,499,709 WFB $ 478,057,911 PCFII $ 359,031,391 Entire Pool $1,580,511,378 XXXX OF SALE
Rep. No. 495, 100th Cong., 1st Sess. 951, reprinted in 1987 U.S. Code Cong. & Ad. News 2313-1697. In addition, if the Partnership were deemed to be a publicly traded partnership which is not treated as a corporation because of the qualifying income exception, Partnership income would be treated as portfolio income rather than passive income. Id. ABIC Realty Fund I, L.P. Tax Opinion April 30, 2003 8 ALLOCATION OF PROFIT AND LOSS. Generally, partnership items of income, gain, loss, deduction and credit are allocated among partners as set forth in the relevant partnership agreement pursuant to Code Section 704(a). Section 704(b) provides, however, that if an allocation does not have substantial economic effect, such allocation will instead be made in accordance with the partner's interest in the partnership as determined by taking into account all facts and circumstances. Regulations under Section 704(b) of the Code (the "Section 704(b) Regulations") provide complex rules for determining (i) whether allocations will be deemed to have economic effect; (ii) whether the economic effect of allocations will be deemed to be substantial; (iii) and whether allocations not having substantial economic effect will be deemed to be made in accordance with a partner's interest in the partnership. The Section 704(b) Regulations provide generally that an allocation will be considered to have economic effect if: (i) partners' capital accounts are determined and maintained in accordance with the Section 704(b) Regulations; (ii) upon the liquidation of the partnership, liquidating distributions are made in accordance with the positive capital account balances of the partners after taking into account all capital account adjustments for the year during which such liquidation occurs; and (iii) the partnership agreement contains a "qualified income offset" provision and the allocation in question does not cause or increase a deficit balance in a partner's capital account at the end of the partnership's taxable year. The Partnership Agreement contains a "qualified income offset" if it provides that a partner who unexpectedly receives an adjustment, allocation or distribution of certain items which causes a deficit or negative capital account balance (which means generally that the sum of losses allocated and cash distributed to a partner exceeds the sum of his capital contributions to the partnership and any income allocated to such partner) will be allocated items of income and gain in...
Rep. No. on Exhibit C Mortgage Loan and Number as Identified on Exhibit A Description of Exception 47 Edgebrook Cooperative Inc. (Loan No. 38) Sunnybrook Gardens Owners, Inc. (Loan No. 41) 110-150 Xxxxxx Owners Corp. (Loan No. 54) East Rock Tenants Corp. (Loan No. 60) The referenced Mortgaged Properties are each encumbered by a subordinate credit line mortgage in the original principal amount of $250,000.00 that is cross-defaulted with the corresponding referenced Mortgage Loans; as of the Cut-off Date, no advances have been made under such subordinate credit line mortgages. 47 1080 Warburton Corp. (Loan No. 49) 66-92 Tenants Ltd. (Loan No. 61) 10015 Owners Corp. (Loan No. 64) The referenced Mortgaged Properties are each encumbered by a subordinate credit line mortgage in the original principal amount of $200,000.00 that is cross-defaulted with the corresponding referenced Mortgage Loans; as of the Cut-off Date, no advances have been made under such subordinate credit line mortgages. 47 Pelham Manor Owners Inc. (Loan No. 57) The referenced Mortgaged Property is encumbered by a subordinate credit line mortgage in the original principal amount of $300,000.00 that is cross-defaulted with the referenced Mortgage Loans; as of the Cut-off Date, no advances have been made under such subordinate credit line mortgage. 47 184 Columbia Heights, Incorporated (Loan No. 68) The referenced Mortgaged Property is encumbered by a subordinate credit line mortgage in the original principal amount of $100,000.00 that is cross-defaulted with the referenced Mortgage Loans; as of the Cut-off Date, no advances have been made under such subordinate credit line mortgage. 47 Linden Heights Association, Inc. (Loan No. 70) The referenced Mortgaged Property is encumbered by a subordinate credit line mortgage in the original principal amount of $150,000.00 that is cross-defaulted with the referenced Mortgage Loans; as of the Cut-off Date, no advances have been made under such subordinate credit line mortgage. EXHIBIT D-1 FORM OF CERTIFICATE OF THE SECRETARY OR AN ASSISTANT SECRETARY OF THE MORTGAGE LOAN SELLER NATIONAL COOPERATIVE BANK, N.A. OFFICER’S CERTIFICATE The undersigned does hereby certify that, as of the date hereof, he is the duly elected and acting secretary of National Cooperative Bank, N.A., a national banking association (the “Company”), and does hereby further certify as follows:
Rep. No. 79-777, at 3 (1945), reprinted in 1945 U.S. Code Cong.
