Common use of Section 754 Election Clause in Contracts

Section 754 Election. In case of a distribution of property made in the manner provided in Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any interest in the Partnership permitted by this Agreement made in the manner provided in Section 743 of the Code (or any similar provision enacted in lieu thereof), the General Partner, on behalf of the Partnership, will file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable Regulations.

Appears in 5 contracts

Samples: Erp Operating LTD Partnership, Equity Residential, Maxus Realty Trust Inc

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Section 754 Election. In the case of a distribution of Partnership property made in within the manner provided in provisions of Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any a Partnership interest in the Partnership permitted by this Agreement made in within the manner provided in provisions of Section 743 of the Code (or any similar provision enacted in lieu thereof)Code, the General Partner, on behalf of the Partnership, will Partnership shall file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable RegulationsTreasury Regulations upon the request of any Partner if such requesting Partner agrees to pay all costs incurred by the Partnership in connection with the making of such election.

Appears in 3 contracts

Samples: Partnership Agreement for Coral Sky Amphitheater Partnership (SFX Entertainment Inc), Partnership Agreement for Western Amphitheater (SFX Entertainment Inc), Partnership Agreement for Western Amphitheater (Broadway Series Management Group Inc)

Section 754 Election. In case of a distribution of property made in the manner provided in Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any interest in the Partnership permitted by this Agreement made in the manner provided in Section 743 of the Code (or any similar provision enacted in lieu thereof), the General Partner, on behalf of the Partnership, will may, in its sole discretion, file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable Regulations.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Acadia Realty Trust), Partnership Agreement (Acadia Realty Trust)

Section 754 Election. In the case of a distribution of Partnership property made in within the manner provided in provisions of Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any a Partnership interest in the Partnership permitted by this Agreement made in within the manner provided in provisions of Section 743 of the Code (or any similar provision enacted in lieu thereof)Code, the General Partner, on behalf of the Partnership, will Partnership shall file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable RegulationsTreasury Regulation upon the request of any Partner if such requesting Partner agrees to pay all costs incurred by the Partnership in connection with the making of such an election.

Appears in 2 contracts

Samples: Partnership Agreement (SFX Entertainment Inc), Partnership Agreement (Broadway Series Management Group Inc)

Section 754 Election. In case of a distribution of property made in the manner provided in Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any interest in the Partnership permitted by this Agreement made in the manner provided in Section 743 of the Code (or any similar provision enacted in lieu thereof), the General Partner, on behalf of the Partnership, will shall file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable Regulations.

Appears in 2 contracts

Samples: Ventas Inc, Ventas Inc

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Section 754 Election. In case of a distribution of property made in the manner provided in Code Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any interest in the Partnership permitted by this Agreement made in the manner provided in Code Section 743 of the Code (or any similar provision enacted in lieu thereof), the General Partner, on behalf of the Partnership, will file an election under Code Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable Regulations.

Appears in 1 contract

Samples: Hartman Commercial Properties Reit

Section 754 Election. In the case of a distribution of Partnership property made in within the manner provided in provisions of Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any interest in the a Partnership Interest permitted by this Agreement made in within the manner provided in provisions of Section 743 of the Code (or any similar provision enacted in lieu thereof)Code, the General Partner, on behalf of the Partnership, will Partnership shall file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable RegulationsTreasury Regulations upon the request of any Partner. All accounting, legal and other costs associated with the making of such election by the Partnership shall be borne by the requesting Partner.

Appears in 1 contract

Samples: Partnership Agreement (SFX Entertainment Inc)

Section 754 Election. In the case of a distribution of Partnership property made in within the manner provided in provisions of Section 734 of the Code (or any similar provision enacted in lieu thereof), or in the case of a transfer of any a Partnership interest in the Partnership permitted by this Agreement made in within the manner provided in provisions of Section 743 of the Code (or any similar provision enacted in lieu thereof)Code, the General Partner, on behalf of the Partnership, will Partnership may file an election under Section 754 of the Code (or any similar provision enacted in lieu thereof) in accordance with the procedures set forth in the applicable Treasury Regulations.

Appears in 1 contract

Samples: Partnership Agreement (SFX Entertainment Inc)

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