Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.
Appears in 25 contracts
Sources: Limited Partnership Agreement (MPT of West Anaheim, LLC), Limited Partnership Agreement (MPT of West Anaheim, LLC), Limited Partnership Agreement (MPT of West Anaheim, LLC)
Curative Allocations. The allocations set forth in Sections 5.4(a) and described in Section 4.01(d(b) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.4(c). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1, 5.2 and Section 4.01(b) hereof5.3 without regard to the Regulatory Allocations.
Appears in 6 contracts
Sources: Limited Partnership Agreement (Plains Gp Holdings Lp), Limited Partnership Agreement (Plains All American Pipeline Lp), Limited Partnership Agreement (Plains Gp Holdings Lp)
Curative Allocations. The allocations set forth and described in Section 4.01(d5.1 (c) hereof through (j) (the “"Regulatory Allocations”") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Treasury Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.1(l). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to this Section 4.01(a) and Section 4.01(b) hereof5.1 other than the Regulatory Allocations.
Appears in 3 contracts
Sources: Limited Partnership Agreement (Felcor Lodging Trust Inc), Limited Partnership Agreement (Felcor Lodging Trust Inc), Agreement of Limited Partnership (Felcor Lodging L P)
Curative Allocations. The allocations set forth in Sections 5.3(a), (b), (c), (d), (e) and described in Section 4.01(d(f) hereof (the “"Regulatory Allocations”") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.3(g). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner mariner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1 and Section 4.01(b) hereof5.2 without regard to the Regulatory Allocations.
Appears in 3 contracts
Sources: Limited Partnership Agreement (Acin LLC), Limited Partnership Agreement (Natural Resource Partners Lp), Limited Partnership Agreement (Natural Resource Partners Lp)
Curative Allocations. The allocations set forth in Sections 5.3(a), (b), (c), (d), (f) and described in Section 4.01(d(g) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.3(h). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(aSections 5.1, 5.2 and 5.3(e) and Section 4.01(b) hereofwithout regard to the Regulatory Allocations.
Appears in 2 contracts
Sources: Contribution Agreement (Natural Resource Partners Lp), Limited Partnership Agreement (Natural Resource Partners Lp)
Curative Allocations. The allocations set forth in Sections 5.2(a)(i), (b) and described in Section 4.01(d(c) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.2(f). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(aSections 5.1, 5.2(a)(ii) and Section 4.01(b5.2(d) hereofwithout regard to the Regulatory Allocations.
Appears in 2 contracts
Sources: Limited Partnership Agreement, Limited Partnership Agreement (Plains Gp Holdings Lp)
Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § §704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.
Appears in 1 contract
Sources: Limited Partnership Agreement (MPT of West Anaheim, LLC)
Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other IV(other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a4.0 l(a) and Section 4.01(b4.01 (b) hereof.
Appears in 1 contract
Sources: Limited Partnership Agreement (MPT of West Anaheim, LLC)
Curative Allocations. The allocations set forth and described in Section 4.01(d4.01 (d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a4.01 (a) and Section 4.01(b4.01 (b) hereof.
Appears in 1 contract
Sources: Limited Partnership Agreement (MPT of West Anaheim, LLC)
Curative Allocations. The allocations set forth in Sections 4.1(c), 4.2(a), 4.2(b), 4.2(c), 4.2(d) and described in Section 4.01(d4.2(e) hereof (the “"Regulatory Allocations”") are intended to comply with certain requirements provisions of the Regulations promulgated under Code § 704Treasury Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership Items pursuant to this subsectionSection 4.2(f). Therefore, notwithstanding any other provision of this Article IV Section 4 (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership Items in whatever manner it determines shall determine appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(aSections 4.1(a) and Section 4.01(b) hereof4.1(b).
Appears in 1 contract
Sources: Limited Partnership Agreement (American Financial Realty Trust)
Curative Allocations. The allocations set forth in Sections 5.3(a) -------------------- --------------- and described in Section 4.01(d(b) hereof (the “"Regulatory Allocations”") are intended to comply with ------- certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.3(c). -------------- Therefore, notwithstanding any other provision of this Article IV V (other than the --------- Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1 and Section 4.01(b) hereof.---------------- 5.2 without regard to the Regulatory Allocations. ---
Appears in 1 contract
Sources: Limited Partnership Agreement (Plains All American Pipeline Lp)
Curative Allocations. The special allocations set forth and described in Section 4.01(d4.1(h) hereof -------------------- -------------- and (j) (the “"Regulatory Allocations”") are intended to comply with certain --- ---------------------- requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionArticle IV. ---------- Therefore, notwithstanding any other provision of this Article IV (other ---------- than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.4.1(a)-(g). ------------------
Appears in 1 contract
Sources: Limited Partnership Agreement (Lyondell Chemical Co)
Curative Allocations. The allocations set forth in Sections 5.4(a) and described in Section 4.01(d(b) hereof (the “Regulatory Allocations”“) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.4(c). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1, 5.2 and Section 4.01(b) hereof5.3 without regard to the Regulatory Allocations.
Appears in 1 contract
Sources: Limited Partnership Agreement (Plains All American Pipeline Lp)
Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other IV(other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.
Appears in 1 contract
Sources: Limited Partnership Agreement (MPT of West Anaheim, LLC)
Curative Allocations. The allocations set forth in Sections 3.03(a), 3.03(b), 3.03(c) and described in Section 4.01(d) 3.05 hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 3.04. Therefore, notwithstanding any other provision of this Article IV III (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereofthis Article III without regard to the Regulatory Allocations.
Appears in 1 contract
Sources: Limited Partnership Agreement (Global Media USA, LLC)
Curative Allocations. The allocations set forth in Sections B.2.2(b) and described in Section 4.01(dB.2.3(a) hereof through (g) (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Treasury Regulations. It it is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection B.2.4. Therefore, notwithstanding any other provision of this Article IV Agreement (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss loss, or deduction of the Partnership in whatever manner it determines determine appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereofAgreement.
Appears in 1 contract
Curative Allocations. The allocations set forth in Sections 5.2(a)(i), (b) and described in Section 4.01(d(c) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.2(e). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(aSections 5.1, 5.2(a)(ii) and Section 4.01(b5.2(d) hereofwithout regard to the Regulatory Allocations.
Appears in 1 contract
Sources: Simplification Agreement (Plains All American Pipeline Lp)
Curative Allocations. The allocations set forth in Sections 5.02(b) and described in Section 4.01(d5.02(d) hereof (the “"Regulatory Allocations”") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.02(c). Therefore, notwithstanding any other provision of this Article IV Section 5.02(c) (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s partner's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof5.02(a).
Appears in 1 contract
Sources: Limited Partnership Agreement (Concepts Direct Inc)
Curative Allocations. The allocations set forth in this Article 4 (other than Section 4.3(g), Section 4.3(h), and described in this Section 4.01(d4.3(i)) hereof (the “"Regulatory Allocations”") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Treasury Regulations. It is the intent of the The Partners intend that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss loss, or deduction of the Partnership pursuant to this subsectionSection 4.3(i). Therefore, notwithstanding any other provision of this Article IV 4 (other than the Regulatory Allocations), the General Managing Partner shall make such offsetting special allocations of Partnership income, gain, loss loss, or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof4.
Appears in 1 contract
Sources: Limited Partnership Agreement (Falcon Funding Corp)