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.
Appears in 101 contracts
Samples: Advisory Agreement, Form of Agreement (NY Residential REIT, LLC), Registration Rights Agreement (American Realty Capital Hospitality Trust, 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 Codetax election.
Appears in 6 contracts
Samples: Agreement, Safeway Stores 42, Inc., Safeway Stores 42, 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 Codeelection.
Appears in 6 contracts
Samples: Agreement (Buckeye GP Holdings 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, including the election under Code Section 754. Notwithstanding the above, in making any such tax election the General Partner may, but shall be under no obligation to, take into account the tax consequences to the Limited Partners resulting from any such election.
Appears in 6 contracts
Samples: Pledge Agreement (NetSTREIT Corp.), Pledge Agreement (NetSTREIT Corp.), Pledge Agreement (NetSTREIT Corp.)
Tax Elections. (am) 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.
Appears in 5 contracts
Samples: Agreement (American Realty Capital New York City REIT II, Inc.), Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), American Realty Capital Global Trust II, 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 and the Regulations, including any election under the BBA Rules and the election under Section 754 of the Code.
Appears in 4 contracts
Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Agreement
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, however, that the General Partner shall make the election under Section 754 of the Code in accordance with applicable regulations thereunder effective for the first calendar year following the Effective Date.
Appears in 4 contracts
Samples: Exchange Rights Agreement (Orion Multifamily Investment Fund Inc), Contribution Agreement (Tower Realty Trust Inc), Tower Realty Trust Inc
Tax Elections. (a) 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 CodeCode including the election under Section 754 of the Code in accordance with applicable regulations thereunder.
Appears in 2 contracts
Samples: Contribution Agreement (Hallador Petroleum Co), Contribution Agreement (Hallador Petroleum Co)
Tax Elections. (a) Except as otherwise specifically provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to under the CodeCode or any applicable state or local tax law on behalf of the Partnership.
Appears in 2 contracts
Samples: Oppenheimer Capital L P /De/, Heartland Partners L P
Tax Elections. (a) Except as Unless otherwise provided hereindirected by the Limited Partner, the General Partner shallshall determine, in its sole and absolute discretion, determine whether to make any available election pursuant to for tax purposes (including the elections under Section 168 of the Code).
Appears in 2 contracts
Samples: Agreement (C&G Investments, LLC), C&G Investments, LLC
Tax Elections. (a) Except as otherwise provided herein, the General Partner shall, in its sole and absolute reasonable discretion, determine whether to make any available election pursuant to the Code, including, without limitation, the election under Section 754 of the Code.
Appears in 2 contracts
Samples: Ventas, Inc., Limited Liability Company Agreement (Nationwide Health 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; PROVIDED, HOWEVER, that the General Partner shall make the election under Section 754 of the Code in accordance with applicable regulations thereunder effective for the first calendar year following the Effective Date.
Appears in 1 contract
Samples: Exchange Rights Agreement (American Spectrum Realty Inc)
Tax Elections. (a) Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code.; provided that, the General Partner shall make the election under Section 754 of the Code in
Appears in 1 contract
Samples: Lexington Corporate Properties Trust
Tax Elections. (a) Except 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.
Appears in 1 contract
Samples: Form of Exchange Rights Agreement (Independence Realty Trust, 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.election. 6.4
Appears in 1 contract
Samples: Agreement (Municipal Securities Trust Series 30 & 41st Discount Series)
Tax Elections. (a) Except as otherwise specifically provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to including without limitation the Codeelections provided for in Sections 48(q)(4), 168 and 754 of the Code on behalf of the Partnership.
Appears in 1 contract
Samples: Castle Creek Partners L P
Tax Elections. (a) 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 and the Regulations, including any election under the BBA Rules and the election under Section 754 of the Code.
Appears in 1 contract
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. The General Partner specifically has the authority to make an election pursuant to under Section 754 of the Code.
Appears in 1 contract
Samples: New England Investment Companies L P
Tax Elections. (a) Except as otherwise specifically provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to including without limitation the Codeelections provided for in Sections 48(q)(4) and 168 of the Code on behalf of the Partnership.
Appears in 1 contract
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. Notwithstanding the above, in making any such tax election the General Partner may, but shall be under no obligation to, take into account the tax consequences to the Limited Partners resulting from any such election.
Appears in 1 contract
Samples: Provident Senior Living 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.. Notwithstanding the above, in making any such tax election the General Partner shall take into account the tax consequences to the Limited Partners resulting from any such election. The
Appears in 1 contract
