Common use of Capital Account Deficits Clause in Contracts

Capital Account Deficits. 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 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)) in excess of 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) and 1.704-2(i).

Appears in 18 contracts

Samples: Limited Partnership Agreement (Strategic Storage Trust IV, Inc.), Limited Partnership Agreement (Strategic Storage Trust IV, Inc.), Limited Partnership Agreement (Strategic Storage Trust IV, Inc.)

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Capital Account Deficits. 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 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)) in excess of 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) and 1.704-2(i).and

Appears in 1 contract

Samples: Limited Partnership Agreement (Eagle Hospitality Properties Trust, Inc.)

Capital Account Deficits. 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 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)) in excess of to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined . Any Loss in accordance with Regulations Sections 1.704-2(g) and 1.704-2(i).excess of that limitation shall be allocated to the

Appears in 1 contract

Samples: Agreement of Limited Partnership (Investors Real Estate Trust)

Capital Account Deficits. 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 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)) in excess of 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) and 1.704-2(i).,

Appears in 1 contract

Samples: Amendment No. 3 to the Amended and Restated Agreement of Limited Partnership (Sotherly Hotels Lp)

Capital Account Deficits. Loss shall not be allocated to a Limited Partner to the extent that such allocation would cause (or increase increase) a deficit in such Partner’s '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)) in excess of to exceed the sum of such Partner’s 's shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined in accordance with "partnership minimum gain" (Regulations Sections Section 1.704-2(g2(g)(1)) and "partner nonrecourse debt minimum gain" (Regulations Section 1.704-2(i2(i)(5)). Any Loss in excess of that limitation shall be allocated to the General Partner.

Appears in 1 contract

Samples: Limited Partnership Agreement (Ps Business Parks Inc/Ca)

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Capital Account Deficits. 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 Capital Account at the end of any fiscal year (after reduction to reflect the items described in Regulations Section 1.704-1.704- 1(b)(2)(ii)(d)(4), (5) and (6)) in excess of 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) and 1.704-2(i).

Appears in 1 contract

Samples: Limited Partnership Agreement (Strategic Storage Trust II, Inc.)

Capital Account Deficits. 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 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)) in excess of to exceed the sum of such Partner’s shares of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain, as determined . Any Loss in excess of that limitation shall be allocated to the General Partner in accordance with Regulations Sections 1.704-2(g) and 1.704-2(iSection 5.01(b).

Appears in 1 contract

Samples: First Amended and Restated Agreement of Limited Partnership (Armada Hoffler Properties, Inc.)

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