Common use of Tax Elections Clause in Contracts

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 66 contracts

Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Assignment and Assumption Agreement (Amb Property Corp), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)

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Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 58 contracts

Samples: Contribution Agreement (City Office REIT, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement (Hudson Pacific Properties, L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 46 contracts

Samples: Carey Watermark Investors 2 Inc, Assignment and Assumption Agreement (Amb Property Lp), Constructive Ownership Definition (Amb Property Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including it makes, including, without limitation, any the election under Section 754 of the Code) , upon the General Partner’s determination determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 21 contracts

Samples: Agreement and Plan of Merger (Healthcare Realty Trust Inc), Paladin Realty Income Properties Inc, Griffin-American Healthcare REIT II, Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election or choose any available reporting method pursuant to the CodeCode or state or local tax law; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) or change any reporting method upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of all of the Partners.

Appears in 21 contracts

Samples: Crescent Real Estate Equities Co, Crescent Real Estate Equities Co, Crescent Real Estate Equities Co

Tax Elections. A. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, Code (including the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 21 contracts

Samples: Agreement of Limited Partnership (Great Ajax Corp.), Agreement (Four Corners Property Trust, Inc.), Agreement and Plan of Merger (New York REIT, Inc.)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including or refrain from making the election under provided for in Section 754 of the Code. The General Partner shall have , and any and all other elections permitted by the right to seek to revoke any such election (including without limitation, any election under Section 754 tax laws of the Code) upon United States, the General Partner’s determination several states and other relevant jurisdictions, in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 18 contracts

Samples: Agreement (Soleil Capital L.P.), Agreement, Agreement and Plan of Merger (Steel Partners Holdings L.P.)

Tax Elections. A. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 16 contracts

Samples: Agreement (Steadfast Apartment REIT III, Inc.), Agreement (Steadfast Apartment REIT III, Inc.), Agreement (Carter Validus Mission Critical REIT II, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 15 contracts

Samples: Gables Realty Limited Partnership, Gables Realty Limited Partnership, Fourth (Gables Residential Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 and the election to use the “recurring item” method of accounting provided under Code Section 461(h) with respect to property taxes imposed on the CodePartnership’s Properties. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) and 754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 14 contracts

Samples: Management and Operations (Invesco Mortgage Capital Inc.), Merger Agreement (ZAIS Financial Corp.), Merger Agreement (Ready Capital Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 13 contracts

Samples: Colonial Realty Limited Partnership, Guaranty Agreement (Equity Office Properties Trust), Assignment and Assumption Agreement (Equity Office Properties Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners754.

Appears in 11 contracts

Samples: Agreement (Pacific Office Properties Trust, Inc.), Agreement (Arizona Land Income Corp), Agreement (Arizona Land Income Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, Code (including the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 10 contracts

Samples: Agreement of Limited Partnership (Kite Realty Group Trust), U-Store-It Trust, Carramerica Realty Operating Partnership Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 10 contracts

Samples: Sl Green Realty Corp, Agreement (Regency Realty Corp), Regency Centers Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election election. The General Partner shall elect under Section 754 of the Code to cause the basis of Partnership property to be adjusted for federal income tax purposes as provided by Sections 734 and 743 of the Code. The , but the General Partner shall have the right to may seek to revoke any such this election (including without limitation, any election under Section 754 of the Code) upon if the General Partner’s determination in its sole and absolute discretion Partner determines that such revocation is in the best interests of the Limited Partners.

Appears in 9 contracts

Samples: Agreement (Buckeye GP Holdings L.P.), Agreement (Buckeye Partners L P), Agreement (Buckeye Partners L P)

Tax Elections. A. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 9 contracts

Samples: Limited Partnership Agreement (JBG SMITH Properties), Contribution and Assignment Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)

Tax Elections. Except as otherwise provided herein, the General Partner shall, shall in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partners and Assignees.

Appears in 8 contracts

Samples: Contribution Agreement (Enbridge Energy Partners Lp), Contribution Agreement (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 8 contracts

Samples: Limited Partnership Agreement (Walden Residential Properties Inc), Limited Partnership Agreement (Walden Residential Properties Inc), Shelbourne Properties Iii Inc

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the PartnersCode or other tax law.

Appears in 8 contracts

Samples: Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant make, to the Code, including refrain from making or to revoke the election under provided for in Section 754 of the Code. The , and any and all other elections permitted by the Code, the Income Tax Act or any other national, federal, state or local tax Law, in its sole discretion, provided, however, that the General Partner shall have make all elections that it is required to make under the right to seek to revoke any such election (including without limitation, any election under Section 754 Plan of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the PartnersArrangement.

Appears in 7 contracts

Samples: Agreement, Agreement (BRP Bermuda Holdings I LTD), Agreement

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant make, to the Code, including refrain from making or to revoke the election under provided for in Section 754 of the Code. The General Partner shall have the right to seek to revoke , and any such election (including without limitation, any election under Section 754 of and all other elections permitted by the Code) upon , the General Partner’s determination Income Tax Act or any other national, federal, provincial, state or local tax Law, in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 7 contracts

Samples: Agreement, Limited Partnership Agreement (Brookfield Property Partners L.P.), Agreement (Brookfield Property Partners L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 6 contracts

Samples: Contribution Agreement (Eott Energy Canada Lp), Contribution Agreement (Eott Energy Canada Lp), Ferrellgas Partners L P

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 6 contracts

Samples: Vornado Realty Trust, Vornado Operating Co, Vornado Realty Trust

Tax Elections. A. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any an election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 5 contracts

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

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 5 contracts

Samples: Host Hotels & Resorts L.P., Eldertrust, Eldertrust

Tax Elections. Except as otherwise provided herein, the General Partner shall, shall in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 5 contracts

Samples: Teppco Partners Lp, Teppco Partners Lp, Teppco Partners Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any an election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 5 contracts

Samples: Agreement (Cb Richard Ellis Realty Trust), Agreement (Cb Richard Ellis Realty Trust), Cb Richard Ellis Realty Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, shall in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partners and Assignees.

Appears in 5 contracts

Samples: Original Agreement (Felcor Lodging Trust Inc), Original Agreement (Felcor Lodging Trust Inc), Original Agreement (Felcor Lodging L P)

Tax Elections. Except as otherwise provided herein, the ------------- General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode including, including without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 5 contracts

Samples: Contribution Agreement (Cabot Industrial Trust), Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including it makes, including, without limitation, any the election under Section 754 of the Code) , upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 5 contracts

Samples: NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

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

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Gables Residential Trust), Highwoods Properties Inc, Life Storage Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: Constructive Ownership Definition (Hanover Capital Holdings Inc), Grove Real Estate Asset Trust, Cedar Shopping Centers Inc

Tax Elections. (a) Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 and the election to use the “recurring item” method of the Codeaccounting provided under Code Section 461(h). The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) and 754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: NorthStar Realty Europe Corp., NorthStar Realty Europe Corp., Northstar Realty Finance Corp.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election or choose any available reporting method pursuant to the Code, including the election under Section 754 of the CodeCode or state or local tax law. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination or change any reporting method in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 4 contracts

Samples: Agreement (CNL Health Care Properties Inc), Agreement (CNL Hospitality Properties Inc), Agreement (CNL American Properties Fund Inc)

Tax Elections. A. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Forest City Realty Trust, Inc.), Limited Partnership Agreement (Forest City Enterprises Inc), Limited Partnership Agreement (Forest City Realty Trust, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including . The General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the right reservation of the rights to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 4 contracts

Samples: Merry Maids Limited Partnership, Merry Maids Limited Partnership, ServiceMaster Consumer Services Limited Partnership

Tax Elections. Except as otherwise provided herein, the General Partner Partners shall, in its their sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partners shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner Partners shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s Partners' determination in its their sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Equity Office Properties Trust), Assignment and Assumption Agreement (Equity Office Properties Trust), Equity Office Properties Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (American Campus Communities Inc), Campus Crest Communities, Inc., Campus Crest Communities, Inc.

Tax Elections. Except as otherwise provided hereinin this Agreement, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; including without limitation, including the election under Section 754 of the CodeCode in accordance with applicable regulations. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Agreement (Ps Business Parks Inc/Ca), Public Storage Properties Xi Inc, Public Storage Properties Xi Inc

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) it makes upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Shopoff Properties Trust, Inc., Shopoff Properties Trust, Inc., Shopoff Properties Trust, Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partnership and the Partners.

Appears in 3 contracts

Samples: Agreement (Vici Properties Inc.), Vici Properties Inc., International Market Centers, Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election (including without limitation, any election under Section 754 of the Code) it makes upon the General Partner’s determination determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: And Restated Agreement (Catellus Development Corp), Agreement (DiamondRock Hospitality Co), Agreement (DiamondRock Hospitality Co)

Tax Elections. A. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election it makes (including including, without limitation, any election under Section 754 of the Code) upon the General Partner’s determination determination, in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 3 contracts

Samples: Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Cole Real Estate Income Strategy (Daily Nav), Inc., Cole Real Estate Income Strategy (Daily Nav), Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.to

Appears in 3 contracts

Samples: Amb Property Lp, Arden Realty Inc, Amb Property Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Lexington Realty Trust), Lexington Realty Trust, Lepercq Corporate Income Fund L P

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Codecode, including provided, however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its their sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: LaSalle Hotel Properties, Lasalle Hotel Properties, Lasalle Hotel Properties

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode including, including without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Baron Capital Trust, Baron Capital Trust, Mar Mar Realty Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 3 contracts

Samples: Agreement (Kinder Morgan Energy Partners L P), Agreement, El Paso Pipeline Partners, L.P.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, Code including the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

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

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partnership and the Partners. At the request of any Limited Partner, the General Partner shall cause the Partnership to make a Code Section 754 election.

Appears in 3 contracts

Samples: Agreement (CoreSite Realty Corp), Agreement (CoreSite Realty Corp), CoreSite Realty Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners. Section 10.3.

Appears in 3 contracts

Samples: Gables Residential Trust, Gables Realty Limited Partnership, Gables Realty Limited Partnership

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Colonial Properties Trust, Mid-America Apartments, L.P., Carramerica Realty Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including the election election. The General Partner shall elect under Section 754 of the Code to cause the basis of Partnership property to be adjusted for federal income tax purposes as provided by Sections 734 and 743 of the Code. The , but the General Partner shall have the right to may seek to revoke any such this election (including without limitation, any election under Section 754 of the Code) upon if the General Partner’s determination in its sole and absolute discretion Partner determines that such revocation is in the best interests of the Limited Partners.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Buckeye GP Holdings L.P.), Agreement, Agreement (Buckeye Partners, L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the CodeCode previously made) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Camden Property Trust, Camden Property Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners. At the request of any Limited Partner, the General Partner shall cause the Partnership to make a Code Section 754 election.

Appears in 2 contracts

Samples: Agreement (CoreSite Realty Corp), Agreement (CoreSite Realty Corp)

Tax Elections. Except as otherwise provided herein, the (a) The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 and the election to use the “recurring item” method of accounting provided under Code Section 461(h) with respect to property taxes imposed on the CodePartnership’s Properties. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners754).

Appears in 2 contracts

Samples: GLADSTONE LAND Corp, Gladstone Commercial Corp

Tax Elections. (a) Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) and 754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Safety, Income & Growth, Inc., Safety, Income & Growth, Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 and the election to use the "recurring item" method of the Codeaccounting provided under Code Section 461(h). The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) and 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Northstar Realty, Northstar Realty

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election or choose any available reporting method pursuant to the CodeCode or state or local tax law; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) or change any reporting method upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of all of the Partners.

Appears in 2 contracts

Samples: Crescent Real Estate Equities Co, Crescent Real Estate Equities Co

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, shall determine whether and when to make or change any available election pursuant to the CodeCode or any other tax law; provided, including however, that the General Partner shall cause the Partnership to make the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitationincluding, with the consent of the Management Representative (not to be unreasonably withheld, conditioned or delayed), any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners).

Appears in 2 contracts

Samples: BowX Acquisition Corp., WeWork Inc.

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Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including the however, that any election under Section 754 of the CodeCode shall require the consent of the Limited Partners. The General Partner shall have the right to seek to revoke any such election (including without limitation, limitation any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners; provided, however, that any revocation of an election under Section 754 of the Code shall require the consent of the Limited Partners.

Appears in 2 contracts

Samples: Countryside Square Lp, Hre Properties

Tax Elections. (a) Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

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

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election elections under Section Code Sections 754 of the Codeand 6226. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Invitation Homes Inc., Invitation Homes Inc.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that if requested by a transferee of a Partnership Interest, the General Partner shall file an election under on behalf of the Partnership pursuant to Section 754 of the CodeCode to adjust the basis of the Partnership property in the case of a transfer of a Partnership Interest made in accordance with the provisions of this Agreement. The General Partner shall have the right to seek to revoke any such tax election it makes (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests interest of the Partners.

Appears in 2 contracts

Samples: Agreement (Pacific Gulf Properties Inc), Pacific Gulf Properties Inc

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Host Hotels & Resorts, Inc., Host Hotels & Resorts L.P.

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided that, including the election General Partner shall make the applicable adjustments under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Ownership Limit Waiver Agreement (Newkirk Master Lp), Lexington Realty Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Equity Residential Properties Trust), Presidio Golf Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 2 contracts

Samples: Partnership Agreement (Ferrellgas Finance Corp), Ferrellgas Partners Finance Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; PROVIDED THAT the General Partner shall make the election under Section Code 754 of the Codein accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the CodeCode 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Rights And (American Real Estate Investment Corp), Price Development Co Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the -------- election under Section 754 of the CodeCode in accordance with the applicable regulations thereunder effective for the first calendar year following the Effective Date. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Cavanaughs Hospitality Corp, Cavanaughs Hospitality Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; PROVIDED THAT the General Partner shall make the election under Code Section 754 of the Codein accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Code Section 754 of the Code754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Keystone Property Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; PROVIDED, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder effective for the first calendar year following the Effective Date. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Capstar Hotel Co

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; PROVIDED, including HOWEVER, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Sl Green Realty Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the -------- election under Section 754 of the CodeCode in accordance with applicable regulations thereunder effective for the first calendar year following the date hereof. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Meristar Hotels & Resorts Inc

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 1 contract

Samples: Latzim Family LLC

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement (First Union Real Estate Equity & Mortgage Investments)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section Code ss. 754 of the Codein accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the CodeCode ss. 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: American Real Estate Investment Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.. SECTION 10.3

Appears in 1 contract

Samples: HMC Merger Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Vornado Realty Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.to

Appears in 1 contract

Samples: Lexington Corporate Properties Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder effective for the first calendar year following the Effective Date. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Hammons John Q Hotels Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code. Notwithstanding the foregoing, including the General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the right reservation of the rights to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Class A Limited Partners.

Appears in 1 contract

Samples: ServiceMaster Consumer Services Limited Partnership

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election it makes (including including, without limitation, any election under Section 754 of the Code) upon the General Partner’s determination 's 47 52 determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Trinet Corporate Realty Trust Inc

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election it makes (including without limitation, except any election under Section 754 of the CodeCode made on behalf of a Limited Partner or an Assignee) upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Bay Apartment Communities Inc

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including . The General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the right reservation of the rights to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 1 contract

Samples: ServiceMaster Consumer Services Limited Partnership

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any an election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Gramercy Capital Corp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code. The General Partner, including on behalf of the Partnership, shall make the election under pursuant to Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the reservation of the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon in the General Partner’s determination in its 's sole and absolute complete discretion that such revocation is in the best interests of the PartnersLimited Partners and Assignees.

Appears in 1 contract

Samples: FFP Real Estate Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of 754, and any available tax elections under state or local tax law. Each Partner will furnish the CodePartnership with all information necessary to give effect to any such election. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Codeor any applicable state or local tax law) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement (Creative Media & Community Trust Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election election. The General Partner shall elect under Section 754 of the Code to cause the basis of Partnership property to be adjusted for federal income tax purposes as provided by Sections 734 and 743 of the Code. The , but the General Partner shall have the right to may seek to revoke any such this election (including without limitation, any election under Section 754 of the Code) upon if the General Partner’s determination in its sole and absolute discretion Partner determines that such revocation is in the best interests of the Limited Partners.. 6.4

Appears in 1 contract

Samples: Agreement (Buckeye Partners L P)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided that, including the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Lexington Corporate Properties Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute reasonable discretion, determine whether to make any available election or choose any available reporting method pursuant to the Code, including the election under Section 754 of the CodeCode or state or local tax law. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) or change any reporting method upon the General Partner’s 's determination in its sole and absolute reasonable discretion that such revocation is in the best interests of all of the Partners.

Appears in 1 contract

Samples: Copi Colorado Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Regency Centers Lp

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Security Capital Atlantic Inc

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kimco Realty Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder and shall do so effective for its first taxable year. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersPartners but in no event in the first taxable year.

Appears in 1 contract

Samples: Prologis

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election available under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: American Industrial Properties Reit Inc

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code(including, including without limitation, the election under Section section 754 of the Code) or choose any available reporting method pursuant to the Code or state or local tax law. The General Partner shall in its sole and absolute discretion have the right to seek to revoke any such election (including including, without limitation, any the election under Section section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partnersor change any reporting method.

Appears in 1 contract

Samples: Master Agreement (Capstead Mortgage Corp)

Tax Elections. Except as otherwise provided hereinherein or as otherwise agreed to in a written agreement between the General Partner and one or more Limited Partners, the General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the CodeCode (including, including without limitation the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners).

Appears in 1 contract

Samples: Camden Property Trust

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election it makes (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Cornerstone Properties Inc

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