Common use of Distribution of Capital Clause in Contracts

Distribution of Capital. The Manager may determine that all or a portion of the amounts that become payable pursuant to this Article in respect of the Units of a particular series of a Fund are not a distribution of the Fund’s net income for the year or the Fund’s net realized capital gains, where the determination is made so that the total distributions with respect to the taxation year in respect of that series of Units from the Fund’s net income and net realized capital gains for the taxation year does not exceed the sum of the Fund’s net income for the taxation year allocable to that series of Units and the Fund’s net realized capital gains for the taxation year allocable to that series of Units.

Distribution of Capital. The Manager may determine that all or a portion of the amounts that become payable in a year pursuant to this Article in respect of the Units of a particular series of a Fund are not a distribution of the Fund’s net income for the year or the Fund’s net realized capital gainsgains for the year, where the determination is made so that the total distributions with respect to in the taxation year in respect of that series of Units from the Fund’s net income and net realized capital gains for the taxation year does not exceed the sum of the Fund’s net income for the taxation year allocable to that series of Units and the Fund’s net realized capital gains for the taxation year allocable to that series of Units.