Common use of Required Notices; Time for Payment Clause in Contracts

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 below. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 7 contracts

Samples: Tax Protection Agreement (US Federal Properties Trust Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)

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Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 3 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event. In the event of a payment required made after the date required pursuant to this Section 4.33.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 6 contracts

Samples: Contribution and Sale Agreement, Contribution and Sale Agreement (Global Medical REIT Inc.), Tax Protection Agreement (Bluerock Residential Growth REIT, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, 3 or Article 6 6, the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 7.4 below. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 3 contracts

Samples: Tax Protection Agreement (Gc Net Lease Reit, Inc.), Tax Protection Agreement (Gc Net Lease Reit, Inc.), Tax Protection Agreement (Gc Net Lease Reit, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowreturn. All payments required under this Article 4 3 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.33.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank, N.A.) effective as of the date the payment is required to be made.

Appears in 3 contracts

Samples: Tax Protection Agreement (Summit Hotel Properties, Inc.), Tax Protection Agreement (Summit Hotel Properties, Inc.), Tax Protection Agreement (Summit Hotel OP, LP)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s K-1s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 3 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event. In the event of a payment required made after the date required pursuant to this Section 4.33.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 3 contracts

Samples: Tax Protection Agreement (Alpine Income Property Trust, Inc.), Tax Protection Agreement (Consolidated Tomoka Land Co), Tax Protection Agreement (Alpine Income Property Trust, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, 2 or Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event, which payment shall be credited against the total amount payable under this Article 4. In the event of a payment required made after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibankan equivalent publication) effective as of the date the payment is required to be made.

Appears in 3 contracts

Samples: Tax Protection Agreement (Strawberry Fields REIT, Inc.), Tax Protection Agreement (Postal Realty Trust, Inc.), Tax Protection Agreement (Postal Realty Trust, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, 2 or Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowreturn. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 3 contracts

Samples: Form of Tax Protection Agreement (Richmond Honan Medical Properties Inc.), Form of Tax Protection Agreement (Richmond Honan Medical Properties Inc.), Form of Tax Protection Agreement (Richmond Honan Medical Properties Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners Partner the IRS Schedule K-1’s K-1 to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 3 to any the Protected Partner shall be made to such the Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such the Protected Partner at such timetime as a result of the gain recognition event. In the event of a payment required made after the date required pursuant to this Section 4.33.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 2 contracts

Samples: Tax Protection Agreement (Wheeler Real Estate Investment Trust, Inc.), Tax Protection Agreement (Wheeler Real Estate Investment Trust, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, 3 or Article 6 6, the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 7.4 below. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 2 contracts

Samples: Tax Protection Agreement, Tax Protection Agreement (Gc Net Lease Reit, Inc.)

Required Notices; Time for Payment. In the event that there has been a transaction described in Sections 2.1, 2.3 or 2.4 or a breach of Article 2, 2 or Article 3, or Article 6 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 7.4 below. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 2 contracts

Samples: Tax Protection Agreement (QTS Realty Trust, Inc.), Tax Protection Agreement (QTS Realty Trust, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, 2 or Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event. In the event of a payment required made after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 2 contracts

Samples: Tax Protection Agreement (Armada Hoffler Properties, Inc.), Tax Protection Agreement (Armada Hoffler Properties, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event, which payment shall be credited against the total amount payable under this Article 4. In the event of a payment required made after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibankan equivalent publication) effective as of the date the payment is required to be made.

Appears in 2 contracts

Samples: Tax Protection Agreement (Postal Realty Trust, Inc.), Tax Protection Agreement (Postal Realty Trust, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach as soon as reasonably practicable, but not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event, which payment shall be credited against the total amount payable under this Article 4. In the event of a payment required made after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibankan equivalent publication) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Tax Protection Agreement (Summit Hotel Properties, Inc.)

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Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowreturn. All payments required under this Article 4 3 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.33.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Form of Tax Protection Agreement (Richmond Honan Medical Properties Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, 2 or Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the IRS Schedule K-1’s ’ s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event, which payment shall be credited against the total amount payable under this Article 4. In the event of a payment required made after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibankan equivalent publication) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Tax Protection Agreement (Generation Income Properties, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, or Article 6 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1K- 1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 below. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Contribution Agreement (US Federal Properties Trust Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2II, Article 3, or Article 6 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s Schedules K-1 to the Partnership’s federal income tax return as required in accordance with Section 7.3 6.4 below. All payments required under this Article 4 III to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.33.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Agreement and Plan of Merger (New York REIT, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, 2 or Article 3, or Article 6 the Partnership shall provide to the each affected Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Protetted Partners the IRS Schedule K-1’s ’ s to the Partnership’s federal income tax return as required in accordance with Section 7.3 belowfor the year of such transaction. All payments required to be made under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gaingain (taking into account all available safe harbors), the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such timetime as a result of the gain recognition event, which payment shall be credited against the total amount payable under this Article 4. In the event of a payment required made after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibankan equivalent publication) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Tax Protection Agreement (Generation Income Properties, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, 3 or Article 6 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 6.4 below. All payments required under this Article 4 to any Protected Partner shall be made to such Protected Partner on or before April 15 April15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership Partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Tax Protection Agreement (GTJ REIT, Inc.)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, Article 4 or Article 6 7 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s 's to the Partnership’s 's federal income tax return as required in accordance with Section 7.3 8.4 below. All payments required under this Article 4 5 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.35.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the "prime rate" of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Tax Protection Agreement (Kite Realty Group Trust)

Required Notices; Time for Payment. In the event that there has been a breach of Article 2, Article 3, Article 4 or Article 6 7 the Partnership shall provide to the Protected Partner notice of the transaction or event giving rise to such breach not later than at such time as the Partnership provides to the Protected Partners the Schedule K-1’s to the Partnership’s federal income tax return as required in accordance with Section 7.3 8.4 below. All payments required under this Article 4 5 to any Protected Partner shall be made to such Protected Partner on or before April 15 of the year following the year in which the gain recognition event giving rise to such payment took place; provided that, if the Protected Partner is required to make estimated tax payments that would include such gain, the Partnership shall make a payment to the Protected Partner on or before the due date for such estimated tax payment and such payment from the partnership shall be in an amount that corresponds to the amount of the estimated tax being paid by such Protected Partner at such time. In the event of a payment required after the date required pursuant to this Section 4.35.3, interest shall accrue on the aggregate amount required to be paid from such date to the date of actual payment at a rate equal to the “prime rate” of interest, as published in the Wall Street Journal (or if no longer published there, as announced by Citibank) effective as of the date the payment is required to be made.

Appears in 1 contract

Samples: Tax Protection Agreement (Kite Realty Group Trust)

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