Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 47 contracts
Samples: Agreement (Broad Street Realty, Inc.), FrontView REIT, Inc., Freehold Properties, Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 27 contracts
Samples: Host Hotels & Resorts L.P., LaSalle Hotel Properties, Kite Realty Group Trust
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner or the Initial Limited Partner in its capacity as the Advisor pursuant to this Section 7.7 7.6 constitute gross income to the General Partner or the Initial Limited Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 15 contracts
Samples: Griffin-American Healthcare REIT IV, Inc., Griffin-American Healthcare REIT IV, Inc., Griffin-American Healthcare REIT 4, Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 7.07 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 12 contracts
Samples: Fourth (Gramercy Property Trust Inc.), Gramercy Property Trust, Gramercy Property Trust Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner or the General Partner Entity pursuant to this Section 7.7 constitute gross income to the General Partner or the General Partner Entity (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 7 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 7.6 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Healthcare Realty Trust Inc), Healthcare Realty Holdings, L.P., American Healthcare REIT, Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner or the Initial Limited Partner in its capacity as the Advisor pursuant to this Section 7.7 7.6 constitute gross income to the General Partner or the Initial Limited Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 5 contracts
Samples: NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner or the Initial Limited Partners pursuant to this Section 7.7 7.6 constitute gross income to the General Partner or the Initial Limited Partners (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 3 contracts
Samples: Shopoff Properties Trust, Inc., Shopoff Properties Trust, Inc., Shopoff Properties Trust, Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner Partners pursuant to this Section 7.7 constitute gross income to the General Partner Partners (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (Equity Office Properties Trust), Assignment and Assumption Agreement (Equity Office Properties Trust), Equity Office Properties Trust
Indemnification Payments Not Distributions. If and to the extent ------------------------------------------ any payments to the General Partner pursuant to this Section 7.7 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 2 contracts
Samples: Host Marriott Trust, Host Marriott L P
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner or Parent pursuant to this Section 7.7 constitute gross income to the General Partner or Parent (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 2 contracts
Samples: Parkway, Inc., Parkway, Inc.
Indemnification Payments Not Distributions. If and to the extent any payments to the General any Partner pursuant to this Section 7.7 constitute gross income to the General such Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 2 contracts
Samples: Camden Property Trust, Camden Property Trust
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner or the Initial Limited Partner in its capacity as the Advisor pursuant to this Section 7.7 7.6 constitute gross income to the General Partner or the Initial Limited Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c707 (c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.
Appears in 1 contract
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.. J.
Appears in 1 contract
Samples: HMC Merger Corp
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ Capital Accounts.. Exhibit 10.1
Appears in 1 contract
Samples: Agreement (Education Realty Operating Partnership L P)
Indemnification Payments Not Distributions. If and to the extent any payments to the General Partner pursuant to this Section 7.7 7.07 constitute gross income to the General Partner (as opposed to the repayment of advances made on behalf of the Partnership), such amounts shall constitute guaranteed payments within the meaning of Section 707(c) of the Code, shall be treated consistently therewith by the Partnership and all Partners, and shall not be treated as distributions for purposes of computing the Partners’ ' Capital Accounts.
Appears in 1 contract
Samples: Gramercy Capital Corp
