Common use of Change in Allocations Clause in Contracts

Change in Allocations. It is the intent of the Partners that each Partner's distributive share of income, gain, loss, deduction, or credit (or item thereof) shall be allocated in accordance with this Section 8 to the fullest extent permitted by Section 704(b) of the Code and Regulations. In order to preserve and protect the allocations provided for in this Section 8 the General Partner is authorized and directed to allocate income, gain, loss, deduction or credit (or item thereof) arising in any year differently than otherwise provided for in this Section 8 if, and to the extent that, the allocations under this Section 8 would cause the allocations to violate Section 704(b) of the Code or its Regulations thereunder. Any allocation made pursuant to this Section 8.9 shall be deemed to be a complete substitute for any allocation otherwise provided for in this Section 8 and no amendment of this Agreement or approval of any Partner shall be required. Notwithstanding, any provision in this Article VIII, it is the agreement of the Partners that the Limited Partner shall be allocated ordinary taxable income of no more than the lesser of actual distributions to the Limited Partner that are in excess of its initial capital contribution of $1,800,000.00 plus any losses allocated to the Limited Partner, and in the event that the Limited Partner shall receive less than its initial capital contribution in total distributions from this limited partnership, it shall be allocated a loss in the amount of such deficiency.

Appears in 1 contract

Samples: Limited Partnership Agreement (Whitehall LTD Inc)

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Change in Allocations. It is the intent of the Partners that each Partner's distributive share of income, gain, loss, deduction, or credit (or item thereof) shall be allocated in accordance with this Section 8 to the fullest extent permitted by Section 704(b) of the Code and Regulations. In order to preserve and protect the allocations provided for in this Section 8 the General Partner is authorized and directed to allocate income, gain, loss, deduction or credit (or item thereof) arising in any year differently than otherwise provided for in this Section 8 if, and to the extent that, the allocations under this Section 8 would cause the allocations to violate Section 704(b) of the Code or its Regulations thereunder. Any allocation made pursuant to this Section 8.9 shall be deemed to be a complete substitute for any allocation otherwise provided for in this Section 8 and no amendment of this Agreement or approval of any Partner shall be required. Notwithstanding, any provision in this Article VIII, it is the agreement of the Partners that the Limited Partner shall be allocated ordinary taxable income of no more than the lesser of actual distributions to the Limited Partner that are in excess of its initial capital contribution of $1,800,000.00 1,100,000.00 plus any losses allocated to the Limited Partner, and in the event that the Limited Partner shall receive less than its initial capital contribution in total distributions from this limited partnership, it shall be allocated a loss in the amount of such deficiency.

Appears in 1 contract

Samples: Limited Partnership Agreement (Whitehall LTD Inc)

Change in Allocations. It is the intent of the Partners that each Partner's distributive share of income, gain, loss, deduction, or credit (or item thereof) shall be allocated in accordance with this Section 8 to the fullest extent permitted by Section 704(b) of the Internal Revenue Code and Regulations. In order to preserve and protect the allocations provided for in this Section 8 the General Partner is authorized and directed to allocate income, gain, loss, deduction or credit (or item thereof) arising in any year differently than otherwise provided for in this Section 8 if, and to the extent that, the allocations under this Section 8 would cause the allocations to violate Section 704(b) of the Internal Revenue Code or its Regulations thereunder. Any allocation made pursuant to this Section 8.9 shall be deemed to be a complete substitute for any allocation otherwise provided for in this Section 8 and no amendment of this Agreement or approval of any Partner shall be required. Notwithstanding, any provision in this Article VIII, it is the agreement of the Partners that the Limited Partner shall be allocated ordinary taxable income of no more than the lesser of actual distributions to the Limited Partner that are in excess of its initial capital contribution of $1,800,000.00 1,100,000.00 plus any losses allocated to the Limited Partner, and in the event that the Limited Partner shall receive less than its initial capital contribution in total distributions from this limited partnershipPartnership, it shall be allocated a loss in the amount of such deficiency.

Appears in 1 contract

Samples: Limited Partnership Agreement (Whitehall LTD Inc)

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Change in Allocations. It is the intent of the Partners that each Partner's distributive share of income, gain, loss, deduction, or credit (or item thereof) shall be allocated in accordance with this Section 8 to the fullest extent permitted by Section 704(b) of the Code and Regulations. In order to preserve and protect the allocations provided for in this Section 8 the General Partner is authorized and directed to allocate income, gain, loss, deduction or credit (or item thereof) arising in any year differently than otherwise provided for in this Section 8 if, and to the extent that, the allocations under this Section 8 would cause the allocations to violate Section 704(b) of the Code or its Regulations thereunder. Any allocation made pursuant to this Section 8.9 8.6 shall be deemed to be a complete substitute for any allocation otherwise provided for in this Section 8 and no amendment of this Agreement or approval of any Partner shall be required. Notwithstanding, Notwithstanding any provision paragraph in this Article VIII8, it is the agreement intent of the Partners that the Limited Partner shall be allocated ordinary taxable income of no more than the lesser of actual distributions to the Limited Partner that are in excess of its initial capital contribution or an amount equal to the sum of $1,800,000.00 2,500,000.00 plus any losses allocated to the Limited Partner, and in the event that the Limited Partner shall receive less than its initial capital contribution in total distributions from this the limited partnership, it shall be allocated a loss in the amount of such deficiency.

Appears in 1 contract

Samples: Limited Partnership Agreement (Whitehall LTD Inc)

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