Allocation of Total Contributor Consideration. The Total Contributor Consideration shall be allocated among the Participating Entity Interests as set forth on Exhibit A. The Operating Partnership and Contributor agree to (i) be bound by the allocation, (ii) act in accordance with the allocation in the preparation of financial statements and filing of all tax returns and in the course of any tax audit, tax review or tax litigation relating thereto and (iii) take no position, and cause their affiliates to take no position, inconsistent with the allocation for income tax purposes.
Appears in 5 contracts
Samples: Contribution Agreement (BioMed Realty Trust Inc), Contribution Agreement (BioMed Realty Trust Inc), Contribution Agreement (BioMed Realty Trust Inc)
Allocation of Total Contributor Consideration. The Total Contributor Consideration shall be allocated among the Participating Entity Interests as set forth on Exhibit A. The Operating Partnership and Contributor agree to (ia) be bound by the allocation, (iib) act in accordance with the allocation in the preparation of financial statements and filing of all tax returns and in the course of any tax audit, tax review or tax litigation relating thereto and (iiic) take no position, and cause their affiliates to take no position, inconsistent with the allocation for income tax purposes.
Appears in 5 contracts
Samples: Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.)
Allocation of Total Contributor Consideration. The Total Contributor Consideration shall be allocated among the Participating Entity Interests as set forth on Exhibit A. The Operating Partnership Company and Contributor agree to (ia) be bound by the allocation, (iib) act in accordance with the allocation in the preparation of financial statements and filing of all tax returns and in the course of any tax audit, tax review or tax litigation relating thereto and (iiic) take no position, and cause their affiliates to take no position, inconsistent with the allocation for income tax purposes.
Appears in 2 contracts
Samples: Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.)