Common use of Adjustment of Capital Contributions Clause in Contracts

Adjustment of Capital Contributions. (a) The amount of the Limited Partner’s Capital Contribution was determined, in part, upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 for each dollar of LIHTC received, and was based on the assumption that the Partnership would be eligible to claim the Projected Tax Credits. If the anticipated amount of Projected LIHTC to be allocated to the Limited Partner, as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is different than 99.98% of $5,627,068, then the new Projected LIHTC amount, if applicable, will be referred to as the “Revised Projected LIHTC.” The Limited Partner’s Capital Contribution provided for in Section 7.2 will be adjusted so that it is equal to the amount calculated as 99.98% of 0.965% times the Projected LIHTC or the Revised Projected LIHTC, if applicable. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will have 90 days from the date the General Partner receives notice from the Limited Partner to pay the shortfall. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s Capital Contribution required to be paid by this Section will be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, then the Limited Partner will have 90 days from the date the Limited Partner has received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Guaranty Agreement

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Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.87 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is different than 99.9899.99% of $5,627,068, 2,268,600 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96587% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 60 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.74 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, 3,660,030 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96574% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Development Fee Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 75.00% for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is different provided to the Limited Partner and Special Limited Partner are less than 99.9899.99% of $5,627,068, 617,946 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96575.00% times the Projected LIHTC Tax Credit, or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 ninety days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 ninety days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.75 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, 1,188,187 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96575% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 for each dollar of LIHTC receivedPartnership, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by provided to the tax certification required in accordance with Section 7.2, is different Limited Partner and Special Limited Partner are less than 99.98% of $5,627,068, then 645,520 (the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTC.” The Tax Credits") then the Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will and Section 7.5 respectively shall be adjusted so that it is by the amount which will make the total Capital Contribution to be paid by the Limited Partner and Special Limited Partner to the Partnership equal to the amount calculated as 99.9870% of 0.965% times the Projected LIHTC or the Revised Projected LIHTC, if applicableTax Credits so anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited PartnerPartner whose Capital Contribution is being adjusted, then the Administrative General Partner will shall have 90 ninety days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 ninety days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Agreement (WNC Housing Tax Credit Fund Vi Lp Series 9)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.85 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, 7.2 is different than 99.9899.99% of $5,627,068, 2,380,480 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96585.00% times the Projected LIHTC Tax Credit, or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 ninety (90) days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 sixty (60) days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.73 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, 1,120,828 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96573% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Development Fee Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 for each dollar of LIHTC receivedPartnership, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Kingsfield Projected Tax Credits, the Xxxxxx Family Projected Tax Credits and the Westridge Projected Tax Credits. If the anticipated amount of the Projected LIHTC Tax Credits to be allocated to the Limited Partner and Special Limited Partner, as evidenced by IRS Form 8609, Schedule A thereto, or by provided to the tax certification required in accordance with Section 7.2, Limited Partner and Special Limited Partner is different less than 99.9899.99% of $5,627,068568,320 for Kingsfield Apartments, then $1,207,770 for Xxxxxx Family Apartments, or $563,100 for Westridge Apartments (the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTC.” The Tax Credits") then the Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Sections 7.2, 7.3, 7.4 and Section 7.2 will 7.7 shall be adjusted so that it is by the amount which will make the total Capital Contribution to be paid by the Limited Partner and Special Limited Partner to the Partnership equal to the amount calculated as 99.9871% of 0.965% times the Projected LIHTC or the Revised Projected LIHTC, if applicableTax Credits so anticipated to be allocated to the Limited Partner and Special Limited Partner for Kingsfield Apartments and Westridge Apartments and 76% of the Revised Projected Tax Credits so anticipated to be allocated to the Limited Partner and Special Limited Partner for Xxxxxx Family Apartments. If any Capital Contribution adjustment referenced in this Section 7.4(a7.6(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited PartnerPartner whose Capital Contribution is being adjusted, then the Administrative General Partner will shall have 90 ninety days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a7.6(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 ninety days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Development Fee Agreement (WNC Housing Tax Credit Fund Vi Lp Series 9)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.73 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, 357,025 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96573% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Development Fee Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.77 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, 7.2 provided to the Limited Partner and Special Limited Partner is different than 99.9899.99% of $5,627,0683,952,640, then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96577% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Budget Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

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Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.77 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, 7.2 provided to the Limited Partner and Special Limited Partner is different than 99.9899.99% of $5,627,068, 3,701,520 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96577% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Budget Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.75 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, 7,000,000 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96575% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Adjustment of Capital Contributions. (a) (i) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.74 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.98% of $5,627,068, 4,403,380 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96574% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Development Fee Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 78.00% for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is different provided to the Limited Partner and Special Limited Partner are less than 99.9899.99% of $5,627,068, 940,545 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96578.00% times the Projected LIHTC Tax Credit, or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 ninety days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 ninety days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.74 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, then 1,572,613 (the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTC.” The Tax Credits") then the Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96574% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11)

Adjustment of Capital Contributions. (a) The amount amounts of the Limited Partner’s 's and the Special Limited Partner's Capital Contribution was determined, Contributions were determined in part, part upon the amount of Tax Credits that were expected to be available to the Partnership at a cost of $0.965 0.82 for each dollar of LIHTC Tax Credit received, and was were based on the assumption that the Partnership would be eligible to claim claim, in the aggregate, the Projected Tax Credits. If the anticipated amount of Projected LIHTC Tax Credits to be allocated to the Limited Partner, Partner and Special Limited Partner as evidenced by IRS Form 8609, Schedule A thereto, or by the tax certification required in accordance with Section 7.2, is provided to the Limited Partner and Special Limited Partner are different than 99.9899.99% of $5,627,068, 2,748,090 then the new Projected LIHTC Tax Credit amount, if applicable, will shall be referred to as the "Revised Projected LIHTCTax Credits." The Limited Partner’s 's and Special Limited Partner's Capital Contribution provided for in Section 7.2 will shall be adjusted so that it is equal to the amount calculated as 99.98% of 0.96582.00% times the Projected LIHTC Tax Credits or the Revised Projected LIHTCTax Credits, if applicable, anticipated to be allocated to the Limited Partner and Special Limited Partner. If any Capital Contribution adjustment referenced in this Section 7.4(a) is a reduction which is greater than the remaining Capital Contribution to be paid by the Limited Partner, then the Administrative General Partner will shall have 90 days from the date the General Partner receives notice from either the Limited Partner or the Special Limited Partner to pay the shortfallshortfall to the Partner whose Capital Contribution is being adjusted. The amount paid by the Administrative General Partner pursuant to this Section will be deemed to be a Capital Contribution by the Administrative General Partner unless such Capital Contribution could, in the opinion of the Limited Partner, result in a re-allocation of Tax Credits at any time during the Tax Credit Period, in which event such payment will be characterized as a payment from the General Partner to the Limited Partner for breach of warranty and the Administrative General Partner will not receive any Capital Account credit for such payment. Notwithstanding anything to the contrary in this Agreement, the General Partner’s 's Capital Contribution required to be paid by this Section will shall be disbursed to the Limited Partner as a return of capital. If the Capital Contribution adjustment referenced in this Section 7.4(a) is an increase, increase then the Limited Partner will whose Capital Contribution is being adjusted shall have 90 60 days from the date the Limited Partner has and Special Limited Partner have received notice from the Administrative General Partner to pay the increase. In the event that the General Partner applies for and receives additional Tax Credits, the additional capital contribution by the Limited Partner and Special Limited Partner, after payment of all fees due and payable, to the extent that the capital contributions exceed Partnership development and/or operating costs, the excess shall be distributed to the General Partner as a partial return of its Capital Contribution.

Appears in 1 contract

Samples: Certification and Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

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