Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 15 contracts
Samples: Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 10 contracts
Samples: Constructive Ownership Definition (Hanover Capital Holdings Inc), Arden Realty Inc, National Golf Properties Inc
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 9 contracts
Samples: Agreement of Limited Partnership (Kite Realty Group Trust), Tarantula Ventures LLC, U-Store-It Trust
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 7.04 or 7.7 Section 7.07 hereof would constitute gross income to the General Partner Entity for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 6 contracts
Samples: Fourth (Gramercy Property Trust Inc.), Gramercy Property Trust, Gramercy Property Trust Inc.
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or the General Partner Entity or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 hereof would constitute gross income to the General Partner Entity or the General Partner (if it is to be qualified as a REIT) for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 6 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directors, trustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 6 contracts
Samples: Presidio Golf Trust, Host Marriott L P, Host Marriott Trust
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 7.04 or 7.7 Section 7.07 hereof would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 5 contracts
Samples: Agreement (Cb Richard Ellis Realty Trust), Agreement (Cb Richard Ellis Realty Trust), Cb Richard Ellis Realty Trust
Limitation to Preserve REIT Status. To If the General Partner Entity attempts to qualify as a REIT, to the extent that any amount paid or credited to the General Partner Entity or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year Fiscal Year shall not exceed the lesser of:
Appears in 5 contracts
Samples: Agreement (Four Corners Property Trust, Inc.), Agreement and Plan of Merger (New York REIT, Inc.), Stockholders Agreement (Parkway Properties Inc)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 5 contracts
Samples: Assignment and Assumption Agreement (Amb Property Corp), Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp)
Limitation to Preserve REIT Status. To the extent that any amount paid paid, credited or credited distributed to the General Partner or its officers, directors, employees or agents pursuant to Section Sections 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year Partnership Year shall not exceed the lesser of:
Appears in 5 contracts
Samples: Agreement (Shearson American REIT, Inc.), Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner Entity or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner Entity for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year Fiscal Year shall not exceed the lesser of:
Appears in 5 contracts
Samples: American Homes 4 Rent, RLJ Lodging Trust, RLJ Lodging Trust
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year Fiscal Year shall not exceed the lesser of:
Appears in 4 contracts
Samples: InfraREIT, Inc., InfraREIT, Inc., InfraREIT, Inc.
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section Sections 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 4 contracts
Samples: Kilroy Realty, L.P., Kilroy Realty, L.P., Kilroy Realty, L.P.
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 hereof would constitute gross income to the General Partner Entity for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 3 contracts
Samples: Sl Green Realty Corp, Mendik Co Inc, Sl Green Realty Corp
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its any of their officers, directors, trustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 3 contracts
Samples: LaSalle Hotel Properties, Lasalle Hotel Properties, Lasalle Hotel Properties
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directors, employees or agents pursuant to Section Sections 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year Fiscal Year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Agreement (Pillarstone Capital Reit), Agreement (Whitestone REIT)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directors, trustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Host Hotels & Resorts L.P., Host Hotels & Resorts, Inc.
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Kite Realty Group Trust, Assignment and Assumption Agreement (Equity Office Properties Trust)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:a
Appears in 2 contracts
Samples: Amb Property Corp, Amb Property Lp
Limitation to Preserve REIT Status. To the extent that any the amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the Initial General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner “GP Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner GP Payments for any fiscal year Partnership Year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 hereof would constitute gross income to the General Partner Entity for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") ), as determined by the General Partner, then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Camden Property Trust, Camden Property Trust
Limitation to Preserve REIT Status. To the extent that any the amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the Initial General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner “GP Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner GP Payments for any fiscal year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Tanger Properties LTD Partnership /Nc/, Tanger Factory Outlet Centers Inc
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 hereof would constitute gross income to the General Partner Entity or the General Partner (if it is to be qualified as a REIT) for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 2 contracts
Samples: Limited Partnership Agreement (Urban Edge Properties), Limited Partnership Agreement (Urban Edge Properties)
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner Entity or its any of their officers, directors, employees or agents pursuant to Section Sections 7.4 or 7.7 would constitute gross income to the General Partner Entity for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year Fiscal Year shall not exceed the lesser of:
Appears in 1 contract
Samples: Jernigan Capital, Inc.
Limitation to Preserve REIT Status. To If the General Partner Entity attempts to qualify as a REIT, to the extent that any amount paid or credited to the General Partner Entity or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner Entity for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year Fiscal Year shall not exceed the lesser of:
Appears in 1 contract
Samples: Cousins Properties Inc
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directors, trustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment"'') then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 1 contract
Samples: Host Hotels & Resorts L.P.
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or 7.7 7.6 hereof would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal Partnership taxable year shall not exceed the lesser of:
Appears in 1 contract
Samples: Prime Group Realty Trust
Limitation to Preserve REIT Status. To the extent that any the amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the Initial General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner “GP Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner GP Payments for any fiscal year Partnership Year shall not exceed the lesser of:: NY\5888591.8
Appears in 1 contract
Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/)
Limitation to Preserve REIT Status. To the extent that any the amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the Initial General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner GP Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner GP Payments for any fiscal year shall not exceed the lesser of:
Appears in 1 contract
Samples: Tanger Factory Outlet Centers Inc
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or any of its officers, directorstrustees, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this AgreementAgreement to the contrary, the amount of such General Partner Payments Payment for any fiscal year shall not exceed the lesser of:
Appears in 1 contract
Samples: Gadsden Growth Properties, Inc.
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the Managing General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or 7.7 7.6 hereof would constitute gross income to the Managing General Partner for purposes of Sections 856(c)(2856 (c) (2) or 856(c)(3856 (c) (3) of the Code (a "Managing General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such Managing General Partner Payments for any fiscal Partnership taxable year shall not exceed the lesser of:
Appears in 1 contract
Samples: Prime Group Realty Trust
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 7.04 or 7.7 Section 7.07 hereof would constitute gross income to the General Partner Entity for purposes of Sections Section 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 1 contract
Samples: Gramercy Capital Corp
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section 7.4 or Section 7.7 would constitute gross income to the General Partner Company for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "“General Partner Payment"”) then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 1 contract
Samples: Parkway Properties Inc
Limitation to Preserve REIT Status. To the extent that any amount paid or credited to the General Partner or its officers, directors, employees or agents pursuant to Section Sections 7.4 or 7.7 would constitute gross income to the General Partner for purposes of Sections 856(c)(2) or 856(c)(3) of the Code (a "General Partner Payment") then, notwithstanding any other provision of this Agreement, the amount of such General Partner Payments for any fiscal year shall not exceed the lesser of:
Appears in 1 contract
Samples: Kilroy Realty Corp
