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/), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/)

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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: Agreement (Rexford Industrial Realty, Inc.), Agreement (Federal Realty OP LP), Agreement (Federal Realty OP 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 the best interests of the Partners.

Appears in 46 contracts

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

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 22 contracts

Samples: Agreement (Broad Street Realty, Inc.), Agreement (Education Realty Operating Partnership L P), Freehold 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 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), American Healthcare REIT, Inc., Griffin-American Healthcare REIT IV, 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. 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, Agreement, 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.), Steadfast Apartment 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, 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 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, 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: Merger Agreement (Ready Capital Corp), Merger Agreement (ZAIS Financial Corp.), Aspen 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 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, Assignment and Assumption Agreement (Equity Office Properties Trust), Guaranty 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: Arbor Realty Trust Inc, Arbor Realty Trust Inc, Agreement (Pacific Office 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, 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: Gadsden Growth Properties, Inc., Agreement of Limited Partnership (Kite Realty Group Trust), Chesapeake Lodging 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 '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: Credit Agreement (Buckeye Partners L P), Agreement (Buckeye Partners L P), Agreement (Buckeye GP 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; 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, Limited Partnership Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)

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 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), Walden Residential Properties Inc

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), www.lw.com

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 (BPY Bermuda Holdings IV LTD), Agreement, Agreement (Brookfield Property Partners L.P.)

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 (Brookfield Renewable Partners L.P.), Agreement, Agreement (Brookfield Renewable Energy 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), Eott 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; 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 Operating 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 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: Agreement (Cabot Industrial Properties Lp), Contribution Agreement (Cabot Industrial Trust), Agreement (Cabot Industrial Properties Lp)

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 Property Trust Inc., Gramercy Capital Corp

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, 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, 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 L P), Original Agreement (Felcor Lodging Trust Inc), Original Agreement (Felcor Lodging 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 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, Host Marriott 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; 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 5 contracts

Samples: Limited Partnership Agreement (Clipper Realty Inc.), www.sec.gov, 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 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 Hospitality Properties Inc), Agreement (CNL American Properties Fund Inc), Agreement (CNL Health Care Properties 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 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: Life Storage Lp, Agreement and Plan of Merger (Gables Residential Trust), Highwoods 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 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), Cedar Income Fund LTD, Cedar Shopping 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 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: Arden Realty Inc, Amb Property Lp, 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 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, 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 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: Agreement (DiamondRock Hospitality Co), Agreement (DiamondRock Hospitality Co), And Restated Agreement (Catellus Development 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), Lepercq Corporate Income Fund L P, 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 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 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 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 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 Realty Limited Partnership, Gables Residential Trust, 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 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, Mar Mar Realty Trust, Baron Capital 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, Agreement (Kinder Morgan Energy Partners L P), El Paso Pipeline Partners, L.P.

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 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. 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 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 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: Mid-America Apartments, L.P., Colonial Properties Trust, 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 (Buckeye Partners, L.P.), Agreement and Plan of Merger (Buckeye GP Holdings L.P.), Agreement

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. 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, 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 hereinThe General Partner shall determine whether to make, refrain from making or revoke any and all elections permitted by the tax laws of the United States, the General Partner shallseveral states and other relevant jurisdictions, in its sole and absolute discretion, determine whether to provided that the General Partner shall make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have Code to adjust the right basis of the assets of the Partnership pursuant to seek to revoke any such election (including without limitation, any election under Section 754 Sections 734(b) and 743(b) 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: Ares Management Lp, Agreement (Ares Management 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, 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 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 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

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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 Commercial Corp, GLADSTONE LAND 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; 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: Ferrellgas Partners Finance Corp, Partnership Agreement (Ferrellgas 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 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. (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 ; 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 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 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, 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: WeWork Inc., BowX Acquisition 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 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, 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 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 herein, the General Partner shall, shall in its sole and absolute reasonable 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 Code section 754 of in accordance with applicable regulations thereunder and shall do so effective for the CodePartnership's first taxable year. The General Partner shall have the right right, after the first taxable year, to seek to revoke any such election (including without limitation, any the election under Section 754 of the CodeCode section 754) upon the General Partner’s 's determination in its sole and absolute reasonable discretion that such revocation revocations is in the best interests of the Partners.

Appears in 1 contract

Samples: United Dominion Realty Trust Inc

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall have the right to determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election available under Section 754 of the Code) on behalf of the Partnership. Subject to the provisions of Section 7.7.B, any such election hereunder shall be made by the General Partner upon its determination in its reasonable discretion that such election is in the best interests of the Partners. 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 reasonable 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 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, 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. The Partners acknowledge, however, that prior to the Effective Date the Partnership made an election under Section 754 of the Code.

Appears in 1 contract

Samples: Liability Agreement (Arden Realty 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 Code or any applicable state or local tax law and 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 1 contract

Samples: Berkshire Income Realty 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, 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 1 contract

Samples: Kite Realty Group 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 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.. 44

Appears in 1 contract

Samples: Orion 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, 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 Table of Contents 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: Constructive Ownership Definition (Digital Realty Trust, 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 the election under Code Section 754 of the Code754. 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: Aviv REIT, Inc.

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 1 contract

Samples: Article Xvi Merger (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; 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 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, 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

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, 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 -38- 42 754 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: 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, 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 Managing General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including . The Managing 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 reservation of the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the Managing 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: ARAMARK FHC Kansas, 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 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 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; 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. L. 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 1 contract

Samples: Education Realty Operating Partnership 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 38 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 1 contract

Samples: 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 ; 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 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

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