ALLOCATIONS RESPECTING Clause Samples

The "Allocations Respecting" clause defines how certain rights, responsibilities, or resources are distributed among the parties involved in an agreement. In practice, this clause may specify how profits, losses, costs, or liabilities are shared, often outlining percentages or criteria for allocation. Its core function is to ensure transparency and fairness in the division of key elements, thereby preventing disputes and clarifying each party's entitlements or obligations.
ALLOCATIONS RESPECTING. SECTION 704(C)
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ALLOCATIONS RESPECTING. Section 704(c) and Revaluations. Notwithstanding Section 4.4(b), Tax Items with respect to Partnership property that are subject to Code Section 704(c) and/or Regulation Section 1.704-3 (collectively “Section 704(c) Tax Items”) shall, to the extent so required, be allocated in accordance with said Code section and/or Regulation Section 1.704-3, as the case may be. The Partners are authorized to specially allocate Tax Items consistent with the principles of Regulation Section 1.704-3.
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ALLOCATIONS RESPECTING. SECTION 704(c) AND REVALUATIONS; CURATIVE ALLOCATIONS RESULTING FROM THE CEILING RULE. Notwithstanding Sections 3(a) and 3(b) of this EXHIBIT B, Tax Items with respect to Partnership property that is subject to Code Section 704(c) and/or Section 1.704-1(b)(2)(iv)(f) of the Regulations (collectively "SECTION 704(c) TAX ITEMS") shall be allocated in accordance with said Code section and/or Section 1.704-1(b)(4)(i) of the Regulations, as the case may be. The General Partner is authorized to, and shall, elect the "traditional method" in respect of all its Properties, except that the General Partner is authorized to, and shall, elect the "traditional method with curative allocations" under Regulations Section 1.704-3(c) in respect of the Horizon Properties (other than the interest in RSLP acquired through the Merger, for which the General Partner is authorized to, and shall, elect the "traditional method"). With respect to properties subsequently contributed to the Partnership, the Partnership shall account for such variation under any method approved under Section 704(c) of the Code and the applicable regulations as chosen by the General Partner. In the event the Gross Asset Value of any Partnership asset is adjusted pursuant to subparagraph (b) of the definition of Gross Asset Value (provided in ARTICLE 1 of this Agreement), subsequent allocations of Section 704(c) Tax Items with respect to such asset shall take account of the variation, if any, between the adjusted basis of such asset and its Gross Asset Value in the same manner as under Section 704(c) of the Code and the applicable regulations consistent with the requirements of Regulations Section 1.704-1(b)(2)(iv)(g) using any method approved under 704(c) of the Code and the applicable regulations as chosen by the General Partner. EXHIBIT C RIGHTS TERMS The Rights granted by the General Partner to the Limited Partners pursuant to SECTION 11.1 of the Partnership Agreement shall be subject to the following terms and conditions:
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ALLOCATIONS RESPECTING. Section 704(c) Notwithstanding Section 4.5.1, items of income, gain, loss and deduction with respect to Fund property that is contributed to the Fund by a Partner will be shared among the Partners for income tax purposes pursuant to Treasury Regulations promulgated under Code Section 704(c) so as to take into account the variation, if any, between the basis of the property to the Fund and its initial Gross Asset Value. With respect to Fund property, if any, that is initially contributed to the Fund upon its formation, such variation between basis and initial Gross Asset Value will be taken into account under the “traditional method,” as described in Treasury Regulation Section 1.704-3(b), or any other method selected by the General Partner in its discretion. With respect to properties, if any, subsequently contributed to the Fund, the Fund will account for such variation under any method approved under Code Section 704(c) and the applicable Treasury Regulation as chosen by the AIFM. If the Gross Asset Value of any Fund asset is adjusted pursuant to clause (b) of the definition of Gross Asset Value, subsequent allocations of items of income, gain, loss and deduction with respect to such asset will take account of the variation, if any, between the adjusted basis of such asset and its Gross Asset Value in the same manner as under Code Section 704(c) and the applicable Treasury Regulation under any method chosen by the General Partner.
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Related to ALLOCATIONS RESPECTING

  • Calculations Respecting Accrued Interest Accrued interest on any Certificate shall be calculated based upon a 360-day year consisting of twelve 30-day months and Pass-Through Rates shall be carried out to eight decimal places, rounded if necessary. All dollar amounts calculated hereunder shall be rounded to the nearest ▇▇▇▇▇.

  • Calculations Respecting Mortgage Loans Calculations required to be made pursuant to this Agreement with respect to any Mortgage Loan in the Trust Fund shall be made based upon current information as to the terms of the Mortgage Loans and reports of payments received from the Mortgagor on such Mortgage Loans and payments to be made to the Securities Administrator as supplied to the Securities Administrator by the Master Servicer. The Securities Administrator shall not be required to recompute, verify or recalculate the information supplied to it by the Master Servicer or any Servicer.

  • Directions Regarding Periodic Payments As registered owner of the Funding Agreement and the Guarantee as collateral securing payments on the Notes, the Indenture Trustee will receive payments on the Funding Agreement and the Guarantee on behalf of the Trust. The Trust hereby directs the Indenture Trustee to use such funds to make payments on behalf of the Trust pursuant to the Trust Agreement and the Indenture.

  • Representations Respecting Sub-Adviser The Manager agrees that neither the Manager, nor affiliated persons of the Manager, shall give any information or make any representations or statements in connection with the sale of shares of the Series concerning the Sub-Adviser or the Series other than the information or representations contained in the Registration Statement, prospectus, or statement of additional information for the Fund's shares, as they may be amended or supplemented from time to time, or in reports or proxy statements for the Fund, or in sales literature or other promotional material approved in advance by the Sub-Adviser, except with the prior permission of the Sub-Adviser.

  • Additional Provisions Respecting Insurance (a) All insurance required by this Tenant Agency Compliance Agreement shall be procured and maintained in financially sound and generally recognized responsible insurance companies authorized to write such insurance in the State and selected by the entity required to procure the same. The company issuing the policies required by Section 2.1(a) hereof shall be rated “A” or better by A.M. Best Co., Inc. in Best’s Key Rating Guide. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the procuring entity is engaged. All policies of insurance required by Section 2.1 hereof shall provide for at least thirty (30) days prior written notice to the Agency of the restriction, cancellation or modification thereof. The policy evidencing the insurance required by Section 2.1(c) hereof shall name the Agency as an additional insured. All policies evidencing the insurance required by Section 2.1 (d)(ii) and (iv) shall name the Agency and the Tenant as additional insureds. (b) The certificate of insurance required by Section 2.1(c) hereof shall be delivered to the Agency on or before the date hereof. A copy of the certificates of insurance required by Section 2.1(d)(ii) and (iv) hereof shall be delivered to the Agency on or before the commencement of any construction or renovation of the Demised Premises. The Tenant shall deliver to the Agency before the first Business Day of each calendar year thereafter a certificate dated not earlier than the immediately preceding month reciting that there is in full force and effect, with a term covering the current year of the Tenant’s insurance policy, insurance of the types and in the amounts required by Section 2.1 hereof and complying with the additional requirements of Section 2.2(a) hereof. Prior to the expiration of each such policy or policies, the Tenant shall furnish to the Agency and any other appropriate Person a new policy or policies of insurance or evidence that such policy or policies have been renewed or replaced or are no longer required by this Tenant Agency Compliance Agreement. The Tenant shall provide such further information with respect to the insurance coverage required by this Tenant Agency Compliance Agreement as the Agency may from time to time reasonably require.