Common use of Allocation When Transfer Occurs Clause in Contracts

Allocation When Transfer Occurs. If any Partnership Interest ------------------------------- is transferred during any quarterly segment of the Partnership's fiscal year in compliance with the provisions of this Article XI or converted pursuant to Section 4.2(e) or redeemed pursuant to Section 8.6(a), Net -------------- -------------- Income, Net Losses, each item thereof and all other items attributable to such interest for such fiscal year shall be divided and allocated between the transferor Partner and the transferee Partner by taking into account their varying interests during the fiscal year in accordance with Section 706(d) of the Code, based on the portion of the year for which the transferor Partner and the transferee Partner were Partners. Solely for purposes of making such allocations, each of such items for the calendar month in which the transfer or redemption occurs shall be allocated to the Person who is a Partner as of midnight on the last day of said month. All distributions of Available Cash with respect to which the Partnership Record Date is before the date of such transfer or redemption shall be made to the transferor Partner, and all distributions of Available Cash with Partnership Record Dates thereafter shall be made to the transferee Partner.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Cabot Industrial Trust), Agreement of Limited Partnership (Cabot Industrial Trust), Limited Partnership Agreement (Cabot Industrial Properties Lp)

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