Common use of Distribution in Kind Clause in Contracts

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, and as their interests may appear in accordance with the provisions of Section 14.3(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, and as their interests may appear in accordance with the provisions of Section 14.3(b14.3 (b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 12.3 requiring the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, and as their interests may appear in accordance with the provisions of Section 14.3(b12.3(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 13.3 which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and (other than those to Partners) and/or may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b), 13.3(b) undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adoptshall be determined in accordance with Section 5.5.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 15.3 which require the liquidation of the assets of the PartnershipPartnership Assets, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator Liquidating Trustee determines that an immediate sale of part or all of the Partnership’s assets Partnership Assets would be impractical or would cause undue loss to the Partners, the Liquidator Liquidating Trustee may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets Partnership Assets except those necessary to satisfy liabilities of the Partnership and may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b)15.3, undivided interests in such Partnership assets Assets as the Liquidator Liquidating Trustee deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator Liquidating Trustee deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties Partnership Assets at such time. The Liquidator Liquidating Trustee shall determine the fair market value of any property Partnership Assets distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or of all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and (other than those to Partners) and/or may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b), ) undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adoptshall be determined in accordance with Section 5.5 hereof.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 7.2 of this Agreement which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership Partnership, the Liquidator liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the PartnersPartners and assignees, the Liquidator may, in its sole discretion, liquidator may defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, (other than those to Partners) and/or may distribute to the Partners, or to specific classes of Partners, as tenants in commonPartners and assignees, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b)7.2 of this Agreement, undivided interests in such Partnership assets as the Liquidator liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator liquidator deems reasonable and equitable and to any joint ownership operating agreements or other agreements governing the ownership and operation of for such properties at such time. The Liquidator liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 7,2 of this Agreement which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership Partnership, the Liquidator liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the PartnersPartners and assignees, the Liquidator may, in its sole discretion, liquidator may defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, (other than those to Partners) and/or may distribute to the Partners, or to specific classes of Partners, as tenants in commonPartners and assignees, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b)7.2 of this Agreement, undivided interests in such Partnership assets as the Liquidator liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator liquidator deems reasonable and equitable and to any joint ownership operating agreements or other agreements governing the ownership and operation of for such properties at such time. The Liquidator liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 10.2(b) which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth thereinin Section 10.2(b), if on if, upon dissolution of the Partnership Partnership, the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would could cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Partnership liabilities of the Partnership and reserves, and may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b10.2(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions such distribution in kind shall will be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value For purposes of any such distribution, any property to be distributed in kind using such reasonable method of valuation as it may adoptwill be valued at its Fair Market Value.

Distribution in Kind. (a) Notwithstanding the provisions of Section 14.3 requiring 12.2 which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets of the Partnership would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership (other than those to Partners) and may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of pursuant to Section 14.3(b)12.2, undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. . (b) Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such assets as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties assets at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 12.3 requiring the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, and as their interests may appear in accordance with the provisions of Section 14.3(b12.3(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, and as their interests may appear in accordance with the provisions of Section 14.3(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the The provisions of Section 14.3 requiring 13.2 which require the liquidation of the assets of the PartnershipPartnership notwithstanding, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Partnership liabilities of (other than loans to the Partnership by Partners) and Reserves, and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b13.2(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 13.3 which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and (other than those to Partners) and/or may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b13.3(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adoptshall be determined in accordance with Section 5.4.

Distribution in Kind. Notwithstanding the The provisions of Section 14.3 requiring 13.3 which require the liquidation of the assets of the PartnershipPartnership notwithstanding, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole and conclusive discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Partnership liabilities of (other than loans to the Partnership by Partners) and Reserves, and may, in its sole and conclusive discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with according to the provisions of Section 14.3(b13.3(c), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value Fair Market Value of any property distributed according to the valuation procedures set forth in kind using such reasonable method of valuation as it may adoptArticle XIV.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 7.2 which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth thereinpartnership, if on dissolution of the Partnership partnership the Liquidator determines that an immediate a prompt sale of part or all of the Partnershippartnership’s assets would be impractical or would cause undue loss to the Partnersvalue of partnership assets, the Liquidator may, in its sole discretion, may defer for a reasonable time (up to three (3) years) the liquidation of any assets assets, except those necessary to timely satisfy liabilities of the Partnership and maypartnership (other than those to Partners), in its sole discretion, and/or may distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, and as their interests may appear tenants in accordance with the provisions of Section 14.3(b), common undivided interests in such Partnership partnership assets as the Liquidator deems not suitable for liquidation. Any such in-kind distributions shall be made in accordance with the priorities referenced in Section 7.2 as if cash equal to the fair market value of the distributed assets were being distributed. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership operating agreements or other agreements governing the ownership and operation of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method methods of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 13.3 which require the liquidation of the assets of the PartnershipPartnership Assets, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator Liquidating Trustee determines that an immediate sale of part or all of the Partnership’s assets Partnership Assets would be impractical or would cause undue loss to the Partners, the Liquidator Liquidating Trustee may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets Partnership Assets except those necessary to satisfy liabilities of the Partnership and may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b)13.3, undivided interests in such Partnership assets Assets as the Liquidator Liquidating Trustee deems not suitable for liquidation. Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof as the Liquidator Liquidating Trustee deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation of such properties Partnership Assets at such time. The Liquidator Liquidating Trustee shall determine the fair market value of any property Partnership Assets distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership and (other than those to Partners) and/or may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b), ) undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adoptshall be determined in accordance with Section 5.4.

Distribution in Kind. Notwithstanding the provisions of Section 14.3 requiring 10.2(b) which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth thereinin Section 10.2(b) and subject to the terms of the AIMCo Letter Agreement, if on upon dissolution of the Partnership the Liquidator Board determines that an immediate sale of part or all of the Partnership’s assets would be impractical or would could cause undue loss to the Partners, the Liquidator Board may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Partnership liabilities of the Partnership and reserves, and may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of Section 14.3(b10.2(b), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any distributions such distribution in kind shall will be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value For purposes of any such distribution, any property to be distributed in kind using such reasonable method of valuation as it may adoptwill be valued at its Fair Market Value.

Distribution in Kind. (a) Notwithstanding the provisions of Section 14.3 requiring 13.3 which require the liquidation of the assets of the Partnership, but subject to the order of priorities set forth therein, if on dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s assets of the Partnership would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole absolute discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy liabilities of the Partnership (other than those to Partners) and may, in its sole absolute discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with the provisions of pursuant to Section 14.3(b)13.3, undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. . (b) Any distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such assets as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties assets at such time. The Liquidator shall determine the fair market value of any property distributed in kind using such reasonable method of valuation as it may adopt.

Distribution in Kind. Notwithstanding the The provisions of Section 14.3 requiring 13.3 which require the liquidation of the assets of the PartnershipPartnership notwithstanding, but subject to the order of priorities set forth therein, if on upon dissolution of the Partnership the Liquidator determines that an immediate sale of part or all of the Partnership’s 's assets would be impractical or would cause undue loss to the Partners, the Liquidator may, in its sole discretion, defer for a reasonable time the liquidation of any assets except those necessary to satisfy Partnership liabilities of (other than loans to the Partnership by Partners) and Reserves, and may, in its sole discretion, distribute to the Partners, or to specific classes of Partners, as tenants in common, in lieu of cash, as tenants in common and as their interests may appear in accordance with according to the provisions of Section 14.3(b13.3(c), undivided interests in such Partnership assets as the Liquidator deems not suitable for liquidation. Any such distributions in kind shall be subject to such conditions relating to the disposition and management thereof of such properties as the Liquidator deems reasonable and equitable and to any joint ownership agreements or other agreements governing the ownership and operation operating of such properties at such time. The Liquidator shall determine the fair market value Fair Market Value of any property distributed according to the valuation procedures set forth in kind using such reasonable method of valuation as it may adoptArticle XIV.