Common use of Curative Allocations Clause in Contracts

Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.

Appears in 25 contracts

Samples: Agreement (MPT of West Anaheim, LLC), Agreement (MPT of West Anaheim, LLC), Agreement (MPT of West Anaheim, LLC)

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Curative Allocations. The allocations set forth in Sections 5.4(a) and described in Section 4.01(d(b) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.4(c). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1, 5.2 and Section 4.01(b) hereof5.3 without regard to the Regulatory Allocations.

Appears in 6 contracts

Samples: Limited Partnership Agreement (Plains Gp Holdings Lp), Limited Partnership Agreement (Plains All American Pipeline Lp), Limited Partnership Agreement (Plains Gp Holdings Lp)

Curative Allocations. The allocations set forth in Sections 5.3(a), (b), (c), (d), (e) and described in Section 4.01(d(f) hereof (the "Regulatory Allocations") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.3(g). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner mariner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1 and Section 4.01(b) hereof5.2 without regard to the Regulatory Allocations.

Appears in 3 contracts

Samples: Agreement (Natural Resource Partners Lp), Limited Partnership Agreement (Natural Resource Partners Lp), Limited Partnership Agreement (Acin LLC)

Curative Allocations. The allocations set forth and described in Section 4.01(d5.1 (c) hereof through (j) (the "Regulatory Allocations") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Treasury Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.1(l). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to this Section 4.01(a) and Section 4.01(b) hereof5.1 other than the Regulatory Allocations.

Appears in 3 contracts

Samples: Original Agreement (Felcor Lodging L P), Original Agreement (Felcor Lodging Trust Inc), Original Agreement (Felcor Lodging Trust Inc)

Curative Allocations. The allocations set forth in Sections 5.2(a)(i), (b) and described in Section 4.01(d(c) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.2(f). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(aSections 5.1, 5.2(a)(ii) and Section 4.01(b5.2(d) hereofwithout regard to the Regulatory Allocations.

Appears in 2 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (Plains Gp Holdings Lp)

Curative Allocations. The allocations set forth in Sections 5.3(a), (b), (c), (d), (f) and described in Section 4.01(d(g) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.3(h). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(aSections 5.1, 5.2 and 5.3(e) and Section 4.01(b) hereofwithout regard to the Regulatory Allocations.

Appears in 2 contracts

Samples: Contribution Agreement (Natural Resource Partners Lp), Limited Partnership Agreement (Natural Resource Partners Lp)

Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § §704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.

Appears in 1 contract

Samples: MPT of West Anaheim, LLC

Curative Allocations. The allocations set forth in Sections 5.2(a)(i), (b) and described in Section 4.01(d(c) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.2(e). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(aSections 5.1, 5.2(a)(ii) and Section 4.01(b5.2(d) hereofwithout regard to the Regulatory Allocations.

Appears in 1 contract

Samples: Registration Rights Agreement (Plains All American Pipeline Lp)

Curative Allocations. The allocations set forth and described in Section 4.01(d3.3(a)-(f) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of Section 1.704 1(b) of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 3.3(h). Therefore, notwithstanding any other provision of this Article IV Agreement (other than the Regulatory Allocations), the Managing General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s and/or Unit Holder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner and/or Unit Holder would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereofAgreement.

Appears in 1 contract

Samples: Agreement (Universe Energy Partners, LP)

Curative Allocations. The allocations set forth and described in Section 4.01(d4.01 (d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a4.01 (a) and Section 4.01(b4.01 (b) hereof.

Appears in 1 contract

Samples: MPT of West Anaheim, LLC

Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other IV(other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a4.0 l(a) and Section 4.01(b4.01 (b) hereof.

Appears in 1 contract

Samples: Agreement (MPT of West Anaheim, LLC)

Curative Allocations. The allocations set forth and described in Section 4.01(d) hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership pursuant to this subsection. Therefore, notwithstanding any other provision of this Article IV (other IV(other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.

Appears in 1 contract

Samples: MPT of West Anaheim, LLC

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Curative Allocations. The allocations set forth in Sections 5.4(a) and described in Section 4.01(d(b) hereof (the “Regulatory Allocations) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.4(c). Therefore, notwithstanding any other provision of this Article IV V (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1, 5.2 and Section 4.01(b) hereof5.3 without regard to the Regulatory Allocations.

Appears in 1 contract

Samples: Limited Partnership Agreement (Plains All American Pipeline Lp)

Curative Allocations. The allocations set forth in Sections 3.03(a), 3.03(b), 3.03(c) and described in Section 4.01(d) 3.05 hereof (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 3.04. Therefore, notwithstanding any other provision of this Article IV III (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereofthis Article III without regard to the Regulatory Allocations.

Appears in 1 contract

Samples: Agreement (Global Media USA, LLC)

Curative Allocations. The allocations set forth in Sections 5.02(b) and described in Section 4.01(d5.02(d) hereof (the "Regulatory Allocations") are intended to comply with certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.02(c). Therefore, notwithstanding any other provision of this Article IV Section 5.02(c) (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s partner's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof5.02(a).

Appears in 1 contract

Samples: Limited Partnership Agreement (Concepts Direct Inc)

Curative Allocations. The allocations set forth in Sections 4.1(c), 4.2(a), 4.2(b), 4.2(c), 4.2(d) and described in Section 4.01(d4.2(e) hereof (the "Regulatory Allocations") are intended to comply with certain requirements provisions of the Regulations promulgated under Code § 704Treasury Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of income, gain, loss or deduction of the Partnership Items pursuant to this subsectionSection 4.2(f). Therefore, notwithstanding any other provision of this Article IV Section 4 (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership Items in whatever manner it determines shall determine appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(aSections 4.1(a) and Section 4.01(b) hereof4.1(b).

Appears in 1 contract

Samples: Limited Partnership Agreement (American Financial Realty Trust)

Curative Allocations. The allocations set forth in Sections 5.3(a) -------------------- --------------- and described in Section 4.01(d(b) hereof (the "Regulatory Allocations") are intended to comply with ------- certain requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection 5.3(c). -------------- Therefore, notwithstanding any other provision of this Article IV V (other than the --------- Regulatory Allocations), the General Partner shall make such offsetting special allocations of income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) Sections 5.1 and Section 4.01(b) hereof.---------------- 5.2 without regard to the Regulatory Allocations. ---

Appears in 1 contract

Samples: Limited Partnership Agreement (Plains All American Pipeline Lp)

Curative Allocations. The special allocations set forth and described in Section 4.01(d4.1(h) hereof -------------------- -------------- and (j) (the "Regulatory Allocations") are intended to comply with certain --- ---------------------- requirements of the Regulations promulgated under Code § 704Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionArticle IV. ---------- Therefore, notwithstanding any other provision of this Article IV (other ---------- than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss or deduction of the Partnership in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Partner’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this the Agreement and all such Partnership items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereof.4.1(a)-(g). ------------------

Appears in 1 contract

Samples: Limited Partnership Agreement (Lyondell Chemical Co)

Curative Allocations. The allocations set forth in Sections B.2.2(b) and described in Section 4.01(dB.2.3(a) hereof through (g) (the “Regulatory Allocations”) are intended to comply with certain requirements of the Regulations promulgated under Code § 704Treasury Regulations. It it is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction of the Partnership pursuant to this subsectionSection B.2.4. Therefore, notwithstanding any other provision of this Article IV Agreement (other than the Regulatory Allocations), the General Partner shall make such offsetting special allocations of Partnership income, gain, loss loss, or deduction of the Partnership in whatever manner it determines determine appropriate so that, after such offsetting allocations are made, each Partner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of this Agreement and all such items were allocated pursuant to Section 4.01(a) and Section 4.01(b) hereofAgreement.

Appears in 1 contract

Samples: Limited Partnership Agreement (FDR Ireland LTD)

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