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Allocation of Net Income From a Sale or Disposition Sample Clauses

Allocation of Net Income From a Sale or Disposition. Except as otherwise provided in Paragraphs 11.2(d), 11.8 and 11.10.3, Net Income arising from the occurrence of a Sale or Disposition (other than in connection with a Terminating Sale as described in Paragraph 11.10.4) shall be allocated as follows (such Net Income shall be allocated, and capital account balances determined, prior to making Distributions arising from such Sale or Disposition): 11.10.1 first, such Net Income, up to an amount equal to the Depreciation deductions previously allocated to Limited Partners, Unitholders and the General Partners which deductions are attributable to the Partnership Properties that are the subject of the Sale or Disposition, shall be allocated to each such Limited Partner, Unitholder and General Partner in the same ratio as the amount of such depreciation previously allocated to such Limited Partner, Unitholder and General Partner (less Net Income, if any, in respect of such Sale or Disposition or gross income (other than gross income which has previously been taken into account under this Paragraph 11.10.1) allocated to each such Limited Partner, Unitholder and General Partner pursuant to Paragraph 11.10.3) bears to the aggregate of such Depreciation deductions so allocated to all Limited Partners, Unitholders and General Partners (less Net Income, if any, in respect of such Sale or Disposition or gross income (other than gross income which has previously been taken into account under this Paragraph 11.10.1) allocated to all such Units pursuant to Paragraph 11.10.3). 11.10.2 second, the remainder of such Net Income, if any, shall be allocated in the following order of priority: (a) to the Partners and Unitholders to the extent of and in proportion to the amount of Cash From Sales or Refinancings which are to be distributed to each of them pursuant to Paragraph 11.4 (other than pursuant to Paragraph 11.4.1); and (b) The remainder of such Net Income, if any, shall be allocated to the Partners and Unitholders in proportion to the amount of Cash From Sales or Refinancings which are to be distributed to the Partners and Unitholders pursuant to Paragraph 11.4.1.
Sample 1
Allocation of Net Income From a Sale or Disposition. Net Income for tax purposes, arising from the occurrence of a Sale or Disposition shall be allocated as follows (such Net Income shall be allocated, and capital account balances determined, prior to making Distributions arising from such Sale or Disposition): 11.4.1 First, except as otherwise provided in Paragraphs 11.4.3 (Minimum Gain Deficiency) and 11.4.4 (Termination Rules), such Net Income, up to an amount equal to the depreciation deductions previously allocated to the Partners which are attributable to the Partnership Properties that are the subject of the Sale or Disposition, shall be allocated to each Partner in an amount equal to the depreciation previously allocated to such Partner (including depreciation allocated to prior owners of such Units) (less Net Income, if any, in respect of any Sale or Disposition allocated to each such Partner pursuant to Paragraph 11.4.4) for all taxable years pursuant to Paragraph 11.3 (Depreciation) (less Net Income, if any, in respect of any Sale or Disposition allocated to each such Partner pursuant to Paragraph 11.4.4). For purposes of determining the amount of depreciation previously allocated to a Limited Partner, the depreciation previously allocated to any prior owner of such Limited Partner's Units shall be deemed to have been allocated to such Limited Partner. 11.4.2 Second, the remainder of such Net Income, if any, shall be allocated 5% to the General Partners and 95% to the Limited Partners.
Sample 1
Allocation of Net Income From a Sale or Disposition. Except as otherwise provided in Sections 11.2.3, 11.3 and 11.4.3, Net Income arising from the occurrence of a Sale or Disposition of Partnership Property (other than in connection with a Terminating Sale or Disposition) shall be allocated as follows (for purposes of determining capital account balances, such Net Income shall be deemed allocated prior to making distributions of Cash From Sales or Financings arising from such Sale or Disposition): 11.4.1 First, such Net Income, up to an amount equal to the depreciation deductions attributable to the Partnership Properties that are the subject of the Sale or Disposition, shall be allocated to each Unit which has received an allocation of such depreciation in the same ratio as the amount of such depreciation previously allocated to such Unit (less Net Income, if any, in respect of such Sale or Disposition or gross income (other than gross income which has previously been taken into account under this Section 11.4.1) allocated to each such Unit pursuant to Section 11.4.3) bears to the aggregate of such depreciation deductions so allocated to all Units (less Net Income, if any, in respect of such Sale or Disposition or gross income (other than gross income which has previously been taken into account under this Section 11.4.1) allocated to all such Units pursuant to Section 11.4.3). 11.4.2 Second, the remainder of such Net Income, if any, shall be allocated to the Partners in the following order of priority: (a) to the Partners to the extent of and in proportion to the amount of Cash From Sales or Financings which is to be distributed to each of them pursuant to Section 11.6 (other than pursuant to Section 11.6.1); and (b) the remainder of such Net Income, if any, shall be allocated to the Partners in proportion to the amount of Cash From Sales or Financings which is to be distributed to the Partners pursuant to Section 11.6.1.
Sample 1

Related to Allocation of Net Income From a Sale or Disposition

  • Allocation of Net Income and Net Loss Net Income or Net Loss of the Partnership shall be determined as of the end of each calendar year and as of the end of any interim period extending through the day immediately preceding any (i) disproportionate Capital Contribution, (ii) disproportionate distribution, (iii) Transfer of a Partnership Interest in accordance with the terms of this Agreement, or (iv) Withdrawal Event. If a calendar year includes an interim period, the determination of Net Income or Net Loss for the period extending through the last day of the calendar year shall include only that period of less than twelve (12) months occurring from the day immediately following the last day of the latest interim period during the calendar year and extending through the last day of the calendar year. For all purposes, including income tax purposes, Net Income, if any, of the Partnership for each calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period. In the event of a Net Loss for a particular calendar year or interim period, then, for such calendar year or interim period, the Net Loss for such calendar year or interim period shall be allocated among the Partners in proportion to their respective Partnership Percentages for the calendar year or interim period.

  • Data Disposition When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by:

  • Dispositions and Involuntary Dispositions The Issuer shall promptly (and, in any event, within three (3) Business Days) upon the receipt by any Note Party or any Subsidiary of the Net Cash Proceeds of any Disposition or Involuntary Disposition (other than, so long as no Default or Event of Default exists at the time prepayment would otherwise be required pursuant to this Section 2.07(b)(i), where such Net Cash Proceeds of Dispositions and Involuntary Dispositions do not exceed (x) prior to the Combination Closing Date, $1,000,000 and (y) on or after the Combination Closing Date, $3,000,000, in each case, in the aggregate in any fiscal year ((x) or (y), as applicable, the “De Minimis Disposition Proceeds”)) apply 100% of such Net Cash Proceeds to prepay the Notes, the accrued but unpaid interest thereon and, subject to Section 2.12 of the Intercreditor Agreement, the Call Premium, if any, payable thereon, to the extent such Net Cash Proceeds are not reinvested in Eligible Assets (x) prior to the Combination Closing Date, within 90 days of the date of such Disposition or Involuntary Disposition or (y) on or after the Combination Closing Date, (i) within twelve months following receipt of such Net Cash Proceeds or (ii) if the Issuer or any Subsidiary enters into a legally binding commitment to reinvest such Net Cash Proceeds within twelve months following receipt thereof, within the later of (A) twelve months following receipt of such Net Cash Proceeds and (B) 180 days of the date of such legally binding commitment; provided, that if at the time that any such prepayment would be required, the Issuer is also required to prepay the Lockheed Xxxxxx Senior Secured Notes (to the extent required by the NPA) with any portion of such Net Cash Proceeds, then the Issuer may apply such portion of the Net Cash Proceeds on a pro rata basis (as determined in accordance with Section 2.12 of the Intercreditor Agreement) and any Declined Proceeds pursuant to clause (iv) below, in each case, to the prepayment of such outstanding amounts, plus accrued and unpaid interest thereon, under the NPA. Notwithstanding the foregoing, the Issuer and its Subsidiaries may not exercise the reinvestment rights set forth in the preceding sentence with respect to the Net Cash Proceeds (other than the De Minimis Disposition Proceeds) in excess of $10,000,000 in the aggregate. Any prepayment pursuant to this clause (i) shall be applied as set forth in clause (iv) below.

  • Nature of Return or Disposition Disposition shall be by destruction or deletion of data. Return shall be by a transfer of data. The data shall be transferred to the following site as follows:

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.

  • Calculation of Sale Gain or Loss For Shared-Loss Loans that are not Restructured Loans, gain or loss on the sales under Section 4.1 or Section 4.2 will be calculated as the sale price received by the Assuming Institution less the unpaid principal balance of the remaining Shared-Loss Loans. For any Restructured Loan included in the sale gain or loss on sale will be calculated as (a) the sale price received by the Assuming Institution less (b) the net present value of estimated cash flows on the Restructured Loan that was used in the calculation of the related Restructuring Loss plus (c) Loan principal payments collected by the Assuming Institution from the date the Loan was restructured to the date of sale. (See Exhibits 2d(1)-(2) for example calculations).

  • Timing of Return or Disposition Data shall be returned or disposed of by the following date: As soon as commercially practicable By the following agreed upon date:

  • Discontinued Disposition By its acquisition of Registrable Securities, each Holder agrees that, upon receipt of a notice from the Company of the occurrence of any event of the kind described in Section 3(d)(iii) through (vi), such Holder will forthwith discontinue disposition of such Registrable Securities under a Registration Statement until it is advised in writing (the “Advice”) by the Company that the use of the applicable Prospectus (as it may have been supplemented or amended) may be resumed. The Company will use its best efforts to ensure that the use of the Prospectus may be resumed as promptly as is practicable. The Company agrees and acknowledges that any periods during which the Holder is required to discontinue the disposition of the Registrable Securities hereunder shall be subject to the provisions of Section 2(d).

  • Allocations of Net Income and Net Loss Except as otherwise provided in this Agreement, after giving effect to the special allocations in subparagraph 1(c) and paragraph 2, Net Income, Net Loss and, to the extent necessary, individual items of income, gain, loss or deduction, of the Partnership for each fiscal year or other applicable period of the Partnership shall be allocated among the General Partner and Limited Partners in accordance with their respective Percentage Interests.

Most Referenced Clauses

Most Referenced Definitions