Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year which is in excess of the sum of (1) the amount (if any) such Holder is obligated to restore to the Partnership, and (2) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this Agreement.
Appears in 28 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1a) the amount (if any) such Holder Partner is obligated to restore to the Partnership, Partnership and (2b) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, ; provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 17 contracts
Samples: Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp)
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year which is in excess of the sum of (1) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v6.3(v) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v6.3(v) and Section 6.3.A(iv6.3(iv) were not in this Agreement.
Appears in 13 contracts
Samples: Form of Agreement (Corporate Property Associates 18 Global Inc), Carey Watermark Investors 2 Inc, Corporate Property Associates 17 - Global INC
Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1a) the amount (if any) such Holder is obligated to restore to the Partnership, Partnership and (2b) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, ; provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 10 contracts
Samples: Ii Contribution Agreement (Amb Property Lp), Constructive Ownership Definition (Amb Property Corp), Amb Property Corp
Gross Income Allocation. In the event any Holder Limited Partner has a deficit Capital Account at the end of any taxable year of the Partnership Year which is in excess of the sum of (1) the amount (if any) such Holder is obligated to restore to the Partnership, and (2i) the amount such Holder Partner is obligated to restore, if any, pursuant to any provision of this Agreement, and (ii) the amount such Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of United States Treasury Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Limited Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, ; provided that an allocation pursuant to this Section 6.3.A(v9.3(c) shall be made only if and only to the extent that such Holder a Limited Partner would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Article 6 IX have been tentatively made as if Section 9.3(b) and this Section 6.3.A(v) and Section 6.3.A(iv9.3(c) were not in this Agreement.
Appears in 10 contracts
Samples: cdn.cocodoc.com, Partnership Agreement, Partnership Agreement
Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1) the amount (if any) such Holder is obligated to restore to the Partnership, and (2) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this Agreement.
Appears in 5 contracts
Samples: Agreement of Limited Partnership (American Campus Communities Inc), MPG Office Trust, Inc., Maguire Properties Inc
Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1a) the amount (if any) such Holder is obligated to restore to the Partnership, and (2b) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 4 contracts
Samples: Kilroy Realty, L.P., Kilroy Realty, L.P., Kilroy Realty, L.P.
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1a) the amount (if any) such Holder Partner is obligated to restore to the Partnership, Partnership and (2b) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible; provided that, provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 3 contracts
Samples: Amb Property Corp, Amb Property Corp, Amb Property Corp
Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year which is in excess of the sum of (1) the amount (if any) such Holder is obligated to restore to the Partnership, and (2) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v6.3.C(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v6.3.C(v) and Section 6.3.A(iv6.3.C(iv) were not in this Agreement.
Appears in 3 contracts
Samples: BioMed Realty Trust Inc, BioMed Realty Trust Inc, BioMed Realty Trust Inc
Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1a) the amount (if any) such Holder is obligated to restore to the Partnership, Partnership and (2b) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1.704- 1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, ; provided, that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 2 contracts
Samples: Ii Contribution Agreement (Amb Property Corp), Amb Property Lp
Gross Income Allocation. In the event any Holder has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1) the amount (if any) such Holder is obligated to restore to the Partnership, and (2) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, provided that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 2 contracts
Samples: Arden Realty Inc, National Golf Properties Inc
Gross Income Allocation. In the event any Holder Partner has a ----------------------- deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-1.704- 2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, provided that an allocation pursuant to this Section 6.3.A(v) -------- ---- shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 2 contracts
Samples: Kilroy Realty Corp, Kilroy Realty Corp
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, provided that an allocation pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 1 contract
Samples: Constructive Ownership Definition (Hanover Capital Holdings Inc)
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year which is in excess of the sum of (1) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, provided that an allocation pursuant to this Section 6.3.A(v6.3(A)(v) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v6.3(A)(v) and Section 6.3.A(iv6.3(A)(iv) were not in this the Agreement.
Appears in 1 contract
Samples: Pan Pacific Retail Properties Inc
Gross Income Allocation. In the event any Holder Partner has a ----------------------- deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation -------- pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 1 contract
Samples: Kilroy Realty Corp
Gross Income Allocation. In the event any Holder has a ----------------------- deficit Capital Account at the end of any Partnership Year fiscal year which is in excess of the sum of (1a) the amount (if any) such Holder is obligated to restore to the Partnership, and (2b) the amount such Holder is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation -------- pursuant to this Section 6.3.A(v) shall be made if and only to the extent that such Holder would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v) and Section 6.3.A(iv) were not in this the Agreement.
Appears in 1 contract
Samples: Kilroy Realty Corp
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year which is in excess of the sum of (1i) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2ii) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(12(g)(l) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v6.3.A(5) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v6.3.A(5) and Section 6.3.A(iv6.3.A(4) were not in this Agreement.
Appears in 1 contract
Samples: Tarantula Ventures LLC
Gross Income Allocation. In the event any Holder Partner has a deficit Capital Account at the end of any Partnership Year which is in excess of the sum of (1i) the amount (if any) such Holder Partner is obligated to restore to the Partnership, and (2ii) the amount such Holder Partner is deemed to be obligated to restore pursuant to Regulations Section 1.704-1(b)(2)(ii)(c) or the penultimate sentences of Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5), each such Holder Partner shall be specially allocated items of Partnership income and gain in the amount of such excess as quickly as possible, provided, that an allocation pursuant to this Section 6.3.A(v6.3.A(5) shall be made if and only to the extent that such Holder Partner would have a deficit Capital Account in excess of such sum after all other allocations provided in this Article 6 have been tentatively made as if this Section 6.3.A(v6.3.A(5) and Section 6.3.A(iv6.3.A(4) were not in this Agreement.
Appears in 1 contract
Samples: Dupont Fabros Technology, Inc.