Depreciation Recapture. Subject to Section 5.10, if any portion of taxable gain recognized from the disposition of property by the Company represents the “recapture” of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(D), 1245 or 1250 (“Recapture Gain”), such Recapture Gain shall be allocated as follows:
Appears in 3 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement
Depreciation Recapture. Subject to Section 5.106.4.3, if any portion of taxable gain recognized from the disposition of property by the Company Partnership represents the “recapture” of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(D), 1245 or 1250 (“Recapture Gain”), such Recapture Gain shall be allocated as follows:
Appears in 2 contracts
Samples: Limited Partnership Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Limited Partnership Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)
Depreciation Recapture. Subject to Section 5.107.6, if any portion of taxable gain Profit recognized from the disposition of property by the Company represents the “recapture” of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(D), 1245 or 1250 (“Recapture Gain”), such Recapture Gain shall be allocated as follows:
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement (Gallagher Arthur J & Co)
Depreciation Recapture. Subject to Section 5.106.9(c), if any portion of taxable gain recognized from the disposition of property by the Company represents the “recapture” of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(D), 1245 or 1250 (“Recapture Gain”), such Recapture Gain shall be allocated as follows:
Appears in 1 contract
Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Depreciation Recapture. Subject to Section 5.107.6, if any portion of taxable gain Profit recognized from the disposition of property by the Company represents the “recapture” of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(Dl(h)(l)(D), 1245 or 1250 (“Recapture Gain”), such Recapture Gain shall be allocated as follows:
Appears in 1 contract
Depreciation Recapture. Subject to Section 5.106.4.3, if any portion of taxable gain recognized from the disposition of property by the Company represents the “"recapture” " of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(D), 1245 or 1250 (“"Recapture Gain”"), such Recapture Gain shall be allocated as follows:
Appears in 1 contract
Samples: Limited Liability Company Agreement (American Realty Capital Healthcare Trust Inc)
Depreciation Recapture. Subject to Section 5.105.01(g)(iii), if any portion of taxable gain recognized from the disposition of property by the Company Partnership represents the “recapture” of previously allocated deductions by virtue of the application of Code Section 1(h)(1)(D), 1245 or 1250 (“Recapture Gain”), such Recapture Gain shall be allocated as follows:
Appears in 1 contract
Samples: Amended and Restated Agreement (Adaptive Real Estate Income Trust, Inc.)
