Common use of Distributions and Allocations Among the Limited Partners Clause in Contracts

Distributions and Allocations Among the Limited Partners. Except to the extent otherwise provided in this Agreement, all distributions of Distributable Cash and all allocations of Income and Loss and items thereof for any Fiscal Year or Fiscal Period that are distributed or allocated to the Limited Partners as a group shall be distributed or allocated, as the case may be, among the Limited Partners in proportion to their respective numbers of Units. Each distribution of Distributable Cash shall be made to the Limited Partners (or their respective Assignees) of record as of the last day of the month next preceding the date on which the distribution is made. All distributions of Distributable Cash and all allocations of Income and Loss or items thereof to the Limited Partners as a group for any Fiscal Year in which any Limited Partners are admitted to the Partnership shall be distributed or allocated among the Limited Partners as follows: (i) first, the Operations and Capital Transactions of the Partnership shall be deemed to have occurred ratably over the Fiscal Year, irrespective of the actual results of Operations or Capital Transactions of the Partnership; (ii) second, all of the Income and Loss and items thereof for the Fiscal Year shall be allocated among the Limited Partners in the ratio that the number of Units held by each Limited Partner multiplied by the number of days in the Fiscal Year that the Units were held by the Limited Partner bears to the sum of that calculation for all Limited Partners; (iii) third, all distributions of Distributable Cash made to the Limited Partners under Sections 11.01 or 11.02 for a Fiscal Period other than a Fiscal Year shall be distributed among the Limited Partners in the ratio that the number of Units held by each Limited Partner multiplied by the number of days in that Fiscal Period that the Units were held by the Limited Partner bears to the sum of that calculation for all Limited Partners; and (iv) if the General Partner determines at any time that the sum of distributions made to any Limited Partner during or with respect to a Fiscal Year does not (or will not) properly reflect the Limited Partner’s share of the total distributions made or to be made by the Partnership for the Fiscal Year as intended under this Agreement, the General Partner shall, as soon as practicable, make a supplemental distribution to the Limited Partner, or withhold from a subsequent distribution that otherwise would be payable to the Limited Partner, that amount as shall cause the total distributions to the Limited Partner for the Fiscal Year to be the proper amount, and the Limited Partner’s share of the Partnership’s Income and Loss and items thereof for the Fiscal Year shall be adjusted accordingly. If a Unit is transferred during a Fiscal Year in accordance with Article XIII, the transferor and the transferee shall be allocated a ratable share of Income and Losses for the Fiscal Year based on the number of days in the Fiscal Year that each held the transferred Unit as provided above, unless otherwise required by the Code or Treasury Regulations.

Distributions and Allocations Among the Limited Partners. (a) Except to the extent otherwise provided in this Agreementherein, all distributions of Distributable Cash and all allocations of Income Profits and Loss Losses and items thereof for any Fiscal Year or Fiscal Period that are distributed or allocated to the Limited Partners as a group shall be distributed or allocated, as the case may be, among the Limited Partners in proportion to their respective numbers of Units. Each distribution of Distributable Cash shall be made to the Limited Partners (or their respective Assigneesassignees) of record as of the last day of the month next preceding the date on which the such distribution is made. . (b) All distributions of Distributable Cash and all allocations of Income Profits and Loss Losses or items thereof to the Limited Partners as a group for any Fiscal Year in which any Limited Partners are admitted to the Partnership Partnership, shall be distributed or allocated among the Limited Partners as follows: (i) first, the Operations and Capital Transactions Sales of the Partnership shall be deemed to have occurred ratably over the such Fiscal Year, irrespective of the actual results of Operations or Capital Transactions Sales of the PartnershipPartnership during or within any given Segment; (ii) second, all (A) each Limited Partner who was admitted to the Partnership prior to the commencement of such Fiscal Year shall be deemed to have held his respective Units commencing as of the Income first Segment in such Fiscal Year; (B) each Limited Partner who was admitted to the Partnership as of the first day of any subsequent Segment in such Fiscal Year in accordance with Section 5.3(h), shall be deemed to have held his respective Units commencing with such Segment; and Loss (C) each Limited Partner who was admitted to the Partnership commencing as of the day following the Initial Closing Date or the Final Closing Date (where such Initial Closing Date or Final Closing Date falls on other than the 15th day or last day of a month or next preceding business day), shall be deemed to have held his respective Units for a fraction of the Segment within which such Limited Partner was admitted to the Partnership, determined by dividing the number of days within such Segment following the Initial Closing Date or Final Closing Date, as the case may be, by the number of days in such Segment; (iii) third, all Profits and items thereof Losses for the such Fiscal Year shall be allocated among the Limited Partners in the ratio that the number of Units held by each Limited Partner multiplied by the number of days Segments (pro rated for fractions of Segments) in the such Fiscal Year that the such Units were held by the such Limited Partner bears to the sum of that calculation for all Limited Partners;; and (iiiiv) thirdThird, all monthly distributions of Distributable Cash cash made to the Limited Partners under Sections 11.01 or 11.02 for a Fiscal Period other than a Fiscal Year pursuant to Section 8.1(c) shall be distributed among the Limited Partners in the ratio that the number of Units held by each Limited Partner multiplied by the number of days Segments (pro rated for fractions of Segments) in the month preceding the month in which the distribution is made that Fiscal Period that the such Units were held by the such Limited Partner bears to the sum of that calculation for all Limited Partners; and (iv) if . If the General Partner determines at any time that the sum of the monthly distributions made to any Limited Partner during or with respect to a Fiscal Year does not (or will not) properly reflect the such Limited Partner’s 's share of the total distributions made or to be made by the Partnership for the such Fiscal Year as intended under this AgreementYear, the General Partner shall, as soon as practicable, make a supplemental distribution to the such Limited Partner, or withhold from a subsequent distribution that otherwise would be payable to the such Limited Partner, that such amount as shall cause the total distributions to the such Limited Partner for the such Fiscal Year to be the proper amount, and . (c) In the Limited Partner’s share event of the Partnership’s Income and Loss and items thereof for the Fiscal Year shall be adjusted accordingly. If a transfer of a Unit is transferred during a Fiscal Year in accordance with Article XIIISection 10, the transferor and the transferee shall be allocated a ratable share of Income Profits and Losses for the such Fiscal Year based on the number of days Segments (pro rated for fractions of Segments) in the such Fiscal Year that each held the such transferred Unit as provided above, unless otherwise required Units. Monthly distributions made by the Code Partnership in accordance with Section 8.1(c) shall be allocated between the transferor and transferee (and subsequently adjusted, if necessary) in the manner set forth in clause (iv) and the last sentence of Section 8.3(b). (d) Each distribution made to a Limited Partner pursuant to Section 8.1(c), 8.6 or Treasury Regulations11.3 of this Agreement, any interest on Subscription Monies relating to such Limited Partner's Units paid to such Limited Partner pursuant to Section 5.3(k), and any amount paid to such Limited Partner in redemption of such Limited Partner's Units pursuant to Section 10.5 shall be applied as follows: (i) first, in reduction of such Limited Partner's Unpaid Cumulative Return, to the extent thereof, as determined immediately before such distribution; and (ii) then, in reduction of such Limited Partner's Adjusted Capital Contribution, to the extent thereof, as determined immediately before such distribution.

Distributions and Allocations Among the Limited Partners. (a) Except to the extent otherwise provided in this Agreement, all distributions of Distributable Cash and all allocations of Income and Loss and items thereof for any Fiscal Year or Fiscal Period that are distributed or allocated to the Limited Partners as a group shall be distributed or allocated, as the case may be, among the Limited Partners in proportion to their respective numbers of Units. Each distribution of Distributable Cash shall be made to the Limited Partners (or their respective Assigneesassignees) of record as of the last day of the month next preceding the date on which the distribution is made. . (b) All distributions of Distributable Cash and all allocations of Income and Loss or items thereof to the Limited Partners as a group for any Fiscal Year in which any Limited Partners are admitted to the Partnership shall be distributed or allocated among the Limited Partners as follows: (i) first, the Operations and Capital Transactions Sales of the Partnership shall be deemed to have occurred ratably over the such Fiscal Year, irrespective of the actual results of Operations or Capital Transactions Sales of the Partnership; (ii) second, all of the Income and Loss and items thereof for the such Fiscal Year shall be allocated among the Limited Partners in the ratio that the number of Units held by each Limited Partner multiplied by the number of days in the such Fiscal Year that the such Units were held by the such Limited Partner bears to the sum of that calculation for all Limited Partners;; and (iii) third, all monthly distributions of Distributable Cash cash made to the Limited Partners under Sections 11.01 or 11.02 for a Fiscal Period other than a Fiscal Year Section 11.1 shall be distributed among the Limited Partners in the ratio that the number of Units held by each Limited Partner multiplied by the number of days in that Fiscal Period the month preceding the month in which the distribution is made that the Units were held by the Limited Partner bears to the sum of that calculation for all Limited Partners; and (iv) if . If the General Partner determines at any time that the sum of the monthly distributions made to any Limited Partner during or with respect to a Fiscal Year does not (or will not) properly reflect the Limited Partner’s 's share of the total distributions made or to be made by the Partnership for the Fiscal Year as intended under this AgreementYear, the General Partner shall, as soon as practicable, make a supplemental distribution to the Limited Partner, or withhold from a subsequent distribution that otherwise would be payable to the Limited Partner, that such amount as shall cause the total distributions to the Limited Partner for the Fiscal Year to be the proper amount, and . (c) In the Limited Partner’s share event of the Partnership’s Income and Loss and items thereof for the Fiscal Year shall be adjusted accordingly. If a transfer of a Unit is transferred during a Fiscal Year in accordance with Article XIII, the transferor and the transferee shall be allocated a ratable share of Income and Losses for the Fiscal Year based on the number of days in the Fiscal Year that each held the transferred Unit Unit. (d) Each distribution made to a Limited Partner under Sections 11.1, 11.5 or 14.3 and any interest on Subscription Monies relating to the Limited Partner's Units paid to the Limited Partner under Section 8.3(k), shall be applied as provided abovefollows: (i) first, unless otherwise required by in reduction of the Code or Treasury RegulationsLimited Partner's Unpaid Cumulative Return, to the extent thereof, as determined immediately before the distribution; and (ii) thereafter, in reduction of the Limited Partner's Adjusted Capital Contribution, as determined immediately before the distribution.