Interest in Partnership. Notwithstanding any other provision of this Agreement except Section 7.12, no allocation of Net Profit, Net Loss or item of income, gain, loss or deduction will be made to a Partner if the allocation would not have “economic effect” under Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Partner’s interest in the Partnership within the meaning of Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The General Partner will have the authority to reallocate any item in accordance with this Section 7.3(h). Notwithstanding the authority granted to make such allocations as may be appropriate to accomplish the purposes of this Section 7.3(h), no allocation under this Section 7.3(h) will affect or otherwise alter the amount of any distribution to which a Partner would otherwise be entitled pursuant to any provision of this Agreement.
Appears in 3 contracts
Samples: Limited Partnership Agreement (AmREIT Monthly Income & Growth Fund IV LP), Limited Partnership Agreement (AmREIT Monthly Income & Growth Fund IV LP), Limited Partnership Agreement (AmREIT Monthly Income & Growth Fund IV LP)
Interest in Partnership. Notwithstanding any other provision of this Agreement except Section 7.12, no allocation of Net Profit, Net Loss or item of income, gain, loss or deduction will be made to a Partner if the allocation would not have “economic effect” under Regulations Section 1.704-1(b)(2)(iil(b)(2)(ii) or otherwise would not be in accordance with the Partner’s interest in the Partnership within the meaning of Regulations Section 1.704-1(b)(3l(b)(3) or 1.704-1(b)(4)(ivl(b)(4)(iv). The General Partner will have the authority to reallocate any item in accordance with this Section 7.3(h7,3(h). Notwithstanding the authority granted to make such allocations as may be appropriate to accomplish the purposes of this Section 7.3(h), no allocation under this Section 7.3(h) will affect or otherwise alter the amount of any distribution to which a Partner would otherwise be entitled pursuant to any provision of this Agreement.
Appears in 1 contract
Samples: Limited Partnership Agreement (AmREIT Monthly Income & Growth Fund III LTD)