Gross Income Allocations. In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year in excess of the sum of (A) the amount, if any, such Partner is required to restore pursuant to the provisions of this Annex A 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, gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, that an allocation pursuant to this Section 3(b)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 3 have been tentatively made as if this Section 3(b)(v) were not in this Agreement.
Appears in 7 contracts
Samples: Trust Agreement (SandRidge Mississippian Trust II), Trust Agreement (SandRidge Mississippian Trust II), Trust Agreement (SandRidge Mississippian Trust II)
Gross Income Allocations. In the event any an Investor Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year fiscal year which is in excess of the sum of (Ai) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions any provision of this Annex A Agreement and (Bii) the amount such Partner is deemed to be obligated to restore pursuant to Treasury Regulation Sections the penultimate sentences of Treas. Reg. §§ 1.704-2(g2(g)(1) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v3.02(b)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 have been tentatively made as if Section 3.02(b)(iii) hereof and this Section 3(b)(v3.02(b)(iv) were not in this the Agreement.
Appears in 6 contracts
Samples: Limited Partnership Agreement (PDC 2002 B LTD Partnership), Limited Partnership Agreement (PDC 2002 C LTD Partnership), Limited Partnership Agreement (PDC 2003-a Lp)
Gross Income Allocations. In the event any an Investor Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year fiscal year which is in excess of the sum of (Ai) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions any provision of this Annex A Agreement and (Bii) the amount such Partner is deemed to be obligated to restore pursuant to Treasury Regulation the penultimate sentences of Treas. Reg. Sections 1.704-2(g2(g)(1) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v3.02(b)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 have been tentatively made as if Section 3.02(b)(iii) hereof and this Section 3(b)(v3.02(b)(iv) were not in this the Agreement.
Appears in 5 contracts
Samples: Limited Partnership Agreement (PDC 2004-a Limited Partnership), Limited Partnership Agreement (PDC 2004-B Limited Partnership), Limited Partnership Agreement (PDC 2004-D Limited Partnership)
Gross Income Allocations. In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year in excess of the sum of (A) the amount, if any, amount such Partner is required to restore pursuant to the provisions of this Annex A 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, gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, that an allocation pursuant to this Section 3(b)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 3 have been tentatively made as if this Section 3(b)(v) were not in this Agreement.
Appears in 3 contracts
Samples: Trust Agreement (Chesapeake Granite Wash Trust), Trust Agreement (Chesapeake Granite Wash Trust), Trust Agreement (Chesapeake Granite Wash Trust)
Gross Income Allocations. In the event any an Investor Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year fiscal year which is in excess of the sum of (Ai) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions any provision of this Annex A Agreement and (Bii) the amount such Partner is deemed to be obligated to restore pursuant to Treasury Regulation the penultimate sentences of Treas. Reg. Sections 1.704-2(g2(g)(1) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v3.02(b)(4) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 have been tentatively made as if Section 3.02(b)(3) hereof and this Section 3(b)(v3.02(b)(4) were not in this the Agreement.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Rockies Region 2007 Lp), Limited Partnership Agreement (Rockies Region 2007 Lp), Limited Partnership Agreement (Rockies Region 2006 Private Limited Partnership)
Gross Income Allocations. In the event any a Limited Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year fiscal year which is in excess of the sum of of
(Ai) the amount, if any, The amount such Partner is required obligated to restore pursuant to any provision of this Agreement, and
(ii) The amount such Partner is deemed to be obligated to restore pursuant to the provisions penultimate sentences of this Annex A and (B) the amount such Partner is deemed obligated to restore pursuant to Treasury Regulation Treas. Reg. Sections 1.704-2(g2(g)(1) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v3.02(b)(4) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 Article III have been tentatively made as if Section 3.02(b)(3) and this Section 3(b)(v3.02(b)(4) were not in this the Agreement.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Reef Global Energy I Lp), Limited Partnership Agreement (Reef Global Energy Ii Lp)
Gross Income Allocations. In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year in excess of the sum of (A) the amount, if any, such Partner is required to restore pursuant to the provisions of this Annex A Exhibit 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, gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, that an allocation pursuant to this Section 3(b)(v) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 3 have been tentatively made as if this Section 3(b)(v) were not in this Agreement.
Appears in 2 contracts
Samples: Trust Agreement (ECA Marcellus Trust I), Trust Agreement (ECA Marcellus Trust I)
Gross Income Allocations. In the event any Partner has a deficit balance in its Adjusted Capital Account at the end of any Partnership Allocation Year taxable period in excess of the sum of (A) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions any provision of this Annex A Agreement and (B) the amount such Partner is deemed obligated to restore pursuant to Treasury Regulation Sections sections 1.704-2(g) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, that that, an allocation pursuant to this Section 3(b)(vB1.3(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 3 B1.3 have been tentatively made as if this Section 3(b)(vB1.3(d)(v) and Section B1.3(d)(iii) were not in this the Agreement.
Appears in 2 contracts
Samples: Limited Partnership Agreement (American Energy Capital Partners - Energy Recovery Program, Lp), Agreement of Limited Partnership (American Energy Capital Partners, LP)
Gross Income Allocations. In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year taxable period in excess of the sum of (A) the amount, if any, amount such Partner is required to restore pursuant to the provisions of this Annex A 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, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, that an allocation pursuant to this Section 3(b)(v3(b)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 3 have been tentatively made as if this Section 3(b)(v3(b)(iv) were not in this Agreement.
Appears in 1 contract
Gross Income Allocations. In the event any Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Fiscal Year which is in excess of the sum of (Ai) the amountamount such Partner is obligated to restore, if any, such Partner is required to restore pursuant to the provisions any provision of this Annex A Agreement, and (Bii) the amount such Partner is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulation Sections 1.704-2(g2(g)(1) and 1.704-2(i)(5), each such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v5.3(c) shall be made only if and to the extent that such a Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 5.3 have been tentatively made as if Section 5.3(b) (Qualified Income Offset) and this Section 3(b)(v5.3(c) were not in this Agreement.
Appears in 1 contract
Samples: Limited Partnership Agreement
Gross Income Allocations. In the event any Limited Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year taxable period that is in excess of the sum of (Ai) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions of this Annex A and (Bii) the amount such Partner is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulation Regulations Sections and 1.704-2(g) and 1.704-2(i)(5), each such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v4.3(e) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted after all other allocations provided for in this Section 3 Article 4 have been tentatively made as if this Section 3(b)(v4.3(e) and Section 4.3(d) were not in this Agreement.
Appears in 1 contract
Samples: Limited Partnership Agreement (Ruby Tuesday of Bryant, Inc.)
Gross Income Allocations. In the event If any Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year taxable period that is in excess of the sum of (A) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions any provision of this Annex A Agreement and (B) the amount such Partner is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulation Regulations Sections 1.704-2(g2(g)(1) and 1.704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, that an allocation pursuant to this Section 3(b)(v5.3(d)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 5.3 have been tentatively made as if Section 5.3(d)(iii) and this Section 3(b)(v5.3(d)(iv) were not in this the Agreement.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Plum Creek Timber Co Inc)
Gross Income Allocations. In the event any an Investor Partner has a deficit balance in its Capital Account at the end of any Partnership Allocation Year fiscal year which is in excess of the sum of (Ai) the amount, if any, amount such Partner is required obligated to restore pursuant to the provisions any provision of this Annex A Agreement and (Bii) the amount such Partner is deemed to be obligated to restore pursuant to Treasury Regulation the penultimate sentences of Treas. Reg. Sections 1.704-2(g2(g)(1) and 1.7041,704-2(i)(5), such Partner shall be specially allocated items of Partnership gross income, income and gain and Simulated Gain in the amount of such excess as quickly as possible; provided, however, provided that an allocation pursuant to this Section 3(b)(v3.02(b)(iv) shall be made only if and to the extent that such Partner would have a deficit balance in its Capital Account as adjusted in excess of such sum after all other allocations provided for in this Section 3 have been tentatively made as if Section 3.02(b)(iii) hereof and this Section 3(b)(v3.02(b)(iv) were not in this the Agreement.
Appears in 1 contract