Common use of Curative Allocation Clause in Contracts

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D), the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 18 contracts

Samples: Agreement of Limited Partnership (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.), Merger Agreement (Dupont Fabros Technology, Inc.)

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Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 15 contracts

Samples: Limited Partnership Agreement (Amb Property Corp), Agreement of Limited Partnership (Amb Property Lp), Limited Partnership Agreement (Amb Property Corp)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 12 contracts

Samples: Limited Partnership Agreement (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty, L.P.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i6.3.C(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-22(i). Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Excel Trust, Inc.), Limited Partnership Agreement (Shearson American REIT, Inc.), Limited Partnership Agreement (Excel Trust, Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), (vii) and (viiviii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D), the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i6.2(a), (iib), (iiic), (ivd), (ve), (vif), and (viig) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Regulation Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account if necessary in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Provision Holding, Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i12.2(a)(i), (ii), (iii), (iv), . (v), . (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Treasury Regulation Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)12.1, the Regulatory Allocations shall be taken into account if necessary in allocating other items of income, . gain, . loss and deduction among the Holders Members. so that, that to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurredoccurred .

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Global Crossing Servicios, S. De R.L. De C.V.)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi6.3.A(i),(ii),(iii),(iv),(v),(vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Limited Partnership Agreement (Maguire Properties Inc)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply 35 41 with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Limited Partnership Agreement (Amb Property Lp)

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Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), ) and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Agreement of Limited Partnership (National Golf Properties Inc)

Curative Allocation. The allocations set forth in Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of Table of Contents other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Limited Partnership Agreement (Digital Realty Trust, Inc.)

Curative Allocation. The allocations set forth in Sections 6.3.A(iSection 8.2(a), (ii8.2(b), (iii8.2(c), (iv), (v), (vi8.2(d), and (vii8.2(e) hereof (the “Regulatory Allocations”) are intended to comply with certain regulatory requirements, including the requirements of Treasury Regulations Sections 1.704-1(b) and 1.704-22(i). Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D8.1(b), the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Operating Agreement (Amneal Pharmaceuticals, Inc.)

Curative Allocation. The allocations set forth in ------------------- Sections 6.3.A(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)6.2, the Regulatory Allocations shall be taken into account in allocating other items of income, gain, loss and deduction among the Holders so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder shall be equal to the net amount that would have been allocated to each such Holder if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kilroy Realty Corp)

Curative Allocation. The allocations set forth in Sections 6.3.A(i11.2(a)(i), (ii), (iii), (iv), (v), (vi), and (vii) (the "Regulatory Allocations") are intended to comply with certain regulatory requirements, including the requirements of Regulations Treasury Regulation Sections 1.704-1(b) and 1.704-2. Notwithstanding the provisions of Sections 6.1 and 6.2 (but subject to Section 6.2.D)11.1, the Regulatory Allocations shall be taken into account if necessary in allocating other items of income, gain, loss and deduction among the Holders Members so that, to the extent possible, the net amount of such allocations of other items and the Regulatory Allocations to each Holder Member shall be equal to the net amount that would have been allocated to each such Holder Member if the Regulatory Allocations had not occurred.

Appears in 1 contract

Samples: Limited Liability Company Agreement (International Assets Holding Corp)

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