Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v) were not in this Agreement.
Appears in 12 contracts
Samples: Agreement (Ferrellgas L P), Ferrellgas Partners Finance Corp, Ferrellgas Finance Corp
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, period such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(d)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(d)(iv) were not in this Agreement.
Appears in 6 contracts
Samples: Ferrellgas Partners Finance Corp, Partnership Agreement (Ferrellgas Finance Corp), Contribution Agreement (Eott Energy Canada Lp)
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account adjusted capital account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(vsubsection 4.2(b)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account adjusted capital account after all other allocations provided for in this Section 5.1 4.2 have been tentatively made as if this Section 5.1(d)(vsubsection 4.2(b)(v) were not in this the Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Crestwood Midstream Partners LP), Agreement and Plan of Merger, Agreement and Plan of Merger (Duncan Energy Partners L.P.)
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account adjusted capital account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(vsubsection 5.01(b)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account adjusted capital account after all other allocations provided for in this Section 5.1 5.01 have been tentatively made as if this Section 5.1(d)(vsubsection 5.01(b)(iv) were not in this the Agreement.
Appears in 4 contracts
Samples: Duncan Energy Partners L.P., Duncan Energy Partners L.P., Duncan Energy Partners L.P.
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(b)(iii) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(b)(iii) were not in this the Agreement.
Appears in 4 contracts
Samples: Agreement (Capmark Finance Inc.), MBOW Four Star, L.L.C., East Coast Power LLC
Gross Income Allocations. (A) In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially specifically allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(e)(iv)(A) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(e)(iv)(A) were was not in this Agreement.
Appears in 3 contracts
Samples: Gulfterra Energy Partners L P, El Paso Energy Partners Lp, El Paso Corp/De
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account as adjusted after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v) were not in this Agreement.
Appears in 3 contracts
Samples: www.sec.gov, ONEOK Partners LP, ONEOK Partners LP
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account adjusted capital account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(vsubsection 5.01(b)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account adjusted capital account after all other allocations provided for in this Section 5.1 5.01 have been tentatively made as if this Section 5.1(d)(vsubsection 5.01(b)(v) were not in this the Agreement.
Appears in 2 contracts
Samples: Duncan Energy Partners L.P., Duncan Energy Partners L.P.
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v) 5.1.4.5 shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account in excess of such sum after all other allocations provided for in this Section 5.1 have been tentatively made as if Section 5.1.4.4 and this Section 5.1(d)(v) 5.1.4.5 were not in this Agreement.;
Appears in 2 contracts
Samples: Kaneb Pipe Line Partners L P, Kaneb Pipe Line Partners L P
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(c)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(c)(iv) were not in this Agreement.
Appears in 2 contracts
Samples: Agreement, Agreement (Kinder Morgan Energy Partners L P)
Gross Income Allocations. (i) In the event any Partner has a deficit balance in its an Adjusted Capital Account Deficit at the end of any Partnership taxable periodTaxable Year, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess deficit balance as quickly as possible; provided, that that, an allocation pursuant to this Section 5.1(d)(v5.2(a) shall be made only if and to the extent that such Partner would have a deficit balance in its an Adjusted Capital Account Deficit balance after all other allocations provided for in this Section 5.1 Article V have been tentatively made as if this Section 5.1(d)(v) were not in this Agreementmade.
Appears in 2 contracts
Samples: Registration Rights Agreement (Plains Gp Holdings Lp), Registration Rights Agreement (Plains All American Pipeline Lp)
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable periodperiod in excess of the sum of (A) the amount such Partner is required to restore pursuant to the provisions of this Agreement and (B) the amount such Partner is deemed obligated to restore pursuant to Treasury Regulation Sections 1.704-2(g) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v) were not in this Agreement.this
Appears in 2 contracts
Samples: Williams Energy Partners L P, Plains All American Pipeline Lp
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(vparagraph b(iv) of this Article XII shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 Article XII have been tentatively made as if this Section 5.1(d)(vparagraph b(iv) were was not in this Agreement.. (v)
Appears in 1 contract
Samples: Emeritus Corp\wa\
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, period such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(d)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v) were not in this Agreement.would
Appears in 1 contract
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1 (d)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(d)(iv) were not in this Agreement.
Appears in 1 contract
Samples: Administrative Services Agreement (Northern Border Partners Lp)
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(d)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account as adjusted after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(d)(iv) were not in this Agreement.
Appears in 1 contract
Samples: ONEOK Partners LP
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership taxable period, period such Partner shall be specially allocated items of Partnership gross gross. income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(v5.1(d)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account after all other allocations provided for in this Section 5.1 have been tentatively made as if this Section 5.1(d)(v5.1(d)(iv) were not in this Agreement.
Appears in 1 contract
Samples: Ferrellgas Partners Finance Corp
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account adjusted capital account at the end of any Partnership taxable period, such Partner shall be specially allocated items of Partnership gross income and gain in the amount of such excess as quickly as possible; provided, that an allocation pursuant to this Section 5.1(d)(vsubSection 4.2(b)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Adjusted Capital Account adjusted capital account after all other allocations provided for in this Section 5.1 4.2 have been tentatively made as if this Section 5.1(d)(vsubSection 4.2(b)(v) were not in this the Agreement.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Crestwood Midstream Partners LP)