Capital Account Deficits. Notwithstanding any provision to the contrary, items of expense or loss shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6)), as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain shall be allocated to such Partner in an amount necessary to offset the items of loss or deduction previously allocated to such Partner under this Section 5.1(d).
Appears in 11 contracts
Samples: Limited Partnership Agreement (Global Income Trust, Inc.), Limited Partnership Agreement (Global Growth Trust, Inc.), Limited Partnership Agreement (CNL Properties Trust, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or net loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or net loss to the General Partner in accordance with this Section 5.1(d5.1(f), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of net loss or deduction previously allocated to such Partner under this Section 5.1(d5.1(f).
Appears in 10 contracts
Samples: Limited Partnership Agreement (HGR Liquidating Trust), Limited Partnership Agreement (Hines Global Reit Ii, Inc.), Limited Partnership Agreement (Hines Global Reit Ii, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss Loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d5.1(e), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such Partner under this Section 5.1(d5.1(e).
Appears in 9 contracts
Samples: Limited Partnership Agreement (Americold Realty Trust), Limited Partnership Agreement (REITPlus, Inc.), Limited Partnership Agreement (TNP Strategic Retail Trust, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, items of expense or loss Loss shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted 's Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner's shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(12(g) and 1.704-2(i)(52(i). Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such each Partner under this Section 5.1(d).
Appears in 6 contracts
Samples: Limited Partnership Agreement (Sentio Healthcare Properties Inc), Cornerstone Realty Fund Inc, Berkeley Income Trust, Inc.
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or net loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or net loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of net loss or deduction previously allocated to such Partner under this Section 5.1(d5.1(f).
Appears in 5 contracts
Samples: Limited Partnership Agreement (Industrial Income Trust Inc.), Limited Partnership Agreement (Industrial Income Trust Inc.), Limited Partnership Agreement (Industrial Income Trust Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Net Loss (or items of expense or loss Net Loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or loss Net Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Net Loss to the General Partner in accordance with this Section 5.1(d)5.4, to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Net Income shall be allocated to such the General Partner in an amount necessary to offset the items of loss or deduction Net Loss previously allocated to such the General Partner under this Section 5.1(d)5.4.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Cottonwood Communities, Inc.), Limited Partnership Agreement (Cottonwood Communities, Inc.), Agreement and Plan of Merger (Cottonwood Communities, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss Loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted 's Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner's shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such Partner under this Section 5.1(d5.1(f).
Appears in 4 contracts
Samples: Limited Partnership Agreement (Dividend Capital Total Realty Trust Inc.), Limited Partnership Agreement (Dividend Capital Total Realty Trust Inc.), Limited Partnership Agreement (Dividend Capital Total Realty Trust Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or net loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or net loss to the General Partner in accordance with this Section 5.1(d5.1(f), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain profit shall be allocated to such Partner in an amount necessary to offset the items of net loss or deduction previously allocated to such Partner under this Section 5.1(d5.1(f).
Appears in 3 contracts
Samples: Limited Partnership Agreement (Hines Global Income Trust, Inc.), Limited Partnership Agreement (Hines Global Income Trust, Inc.), Limited Partnership Agreement (Hines Global Income Trust, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss Loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such the General Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such the General Partner under this Section 5.1(d).
Appears in 2 contracts
Samples: Limited Partnership Agreement (Cottonwood Communities, Inc.), Limited Partnership Agreement (Cottonwood Communities, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss Loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5). Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such Partner under this Section 5.1(d5.1(f).
Appears in 2 contracts
Samples: Limited Partnership Agreement (Dividend Capital Total Realty Trust Inc.), DCT Industrial Trust Inc.
Capital Account Deficits. Notwithstanding any provision to the contrary, items of expense or loss Loss shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6))) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with Regulations Sections 1.704-2(g)(12(g) and 1.704-2(i)(52(i). Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such each Partner under this Section 5.1(d).
Appears in 2 contracts
Samples: Limited Partnership Agreement (West Coast Realty Trust, Inc.), Limited Partnership Agreement (West Coast Realty Trust, Inc.)
Capital Account Deficits. Notwithstanding any provision to the contrary, items of expense or loss Loss shall not be allocated to a Limited Partner ------------------------ to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted 's Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) ), and (6)), as determined in accordance with Regulations Sections 1.704-2(g)(1) to exceed the sum of such Partner's shares of Partnership Minimum Gain and 1.704-2(i)(5)Partner Nonrecourse Debt Minimum Gain. Any items of expense or loss in excess of that limitation shall be allocated to the General Partnerother Partners who have positive Capital Account balances in accordance with their respective Percentage Interests. After the occurrence of an allocation of items of expense or loss to the General a Partner in accordance with this Section 5.1(d5.01(i), to the extent permitted by Regulations Section 1.704-1(b), items of income profit, income, or gain shall be allocated to such Partner in an amount necessary to offset the items of a loss or deduction previously allocated to such Partner under this Section 5.1(d5.01(i).
Appears in 1 contract
Samples: G Reit Inc
Capital Account Deficits. Notwithstanding any provision to the contrary, Loss (or items of expense or loss Loss) shall not be allocated to a Limited Partner to the extent that such allocation would cause or increase a deficit in such Partner’s Adjusted Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6)), as determined in accordance with Regulations Sections 1.704-2(g)(1) to exceed the sum of such Partner’s shares of Partnership Minimum Gain and 1.704-2(i)(5)Partner Nonrecourse Debt Minimum Gain. Any items of expense or loss Loss in excess of that limitation shall be allocated to the General Partner. After the occurrence of an allocation of items of expense or loss Loss to the General Partner in accordance with this Section 5.1(d5.1(e), to the extent permitted by Regulations Section 1.704-1(b), items of income or gain Profit shall be allocated to such the General Partner in an amount necessary to offset the items of loss or deduction Loss previously allocated to such the General Partner under this Section 5.1(d5.1(e).
Appears in 1 contract
Samples: Limited Partnership Agreement (Passco Apartment REIT, Inc.)