Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 102 contracts
Samples: Limited Partnership Agreement (New Mountain Net Lease Trust), Limited Partnership Agreement (Brookfield Real Estate Income Trust Inc.), Limited Partnership Agreement (IPC Alternative Real Estate Income Trust, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 60 contracts
Samples: Limited Partnership Agreement (Strawberry Fields REIT, Inc.), Agreement of Limited Partnership (Agree Realty Corp), Limited Partnership Agreement (Alpine Income Property Trust, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 28 contracts
Samples: Limited Partnership Agreement (Cantor Fitzgerald Income Trust, Inc.), Limited Partnership Agreement (Rodin Income Trust, Inc.), Limited Partnership Agreement (Rodin Income Trust, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, make a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 19 contracts
Samples: Limited Partnership Agreement (Cole Office & Industrial REIT (CCIT III), Inc.), Limited Partnership Agreement (Cole Office & Industrial REIT (CCIT III), Inc.), Agreement of Limited Partnership (Plymouth Industrial REIT Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 19 contracts
Samples: Limited Partnership Agreement (Investors Real Estate Trust), Limited Partnership Agreement (Ocwen Asset Investment Corp), Limited Partnership Agreement (Ocwen Asset Investment Corp)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 15 contracts
Samples: Limited Partnership Agreement (Apollo Realty Income Solutions, Inc.), Limited Partnership Agreement (Apollo Realty Income Solutions, Inc.), Limited Partnership Agreement (Dividend Capital Total Realty Trust Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 14 contracts
Samples: Limited Partnership Agreement (Americold Realty Trust), Limited Partnership Agreement (Strategic Realty Trust, Inc.), Limited Partnership Agreement (Moody National REIT II, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, make a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 11 contracts
Samples: Limited Partnership Agreement (Plymouth Industrial REIT Inc.), Limited Partnership Agreement (Plymouth Opportunity REIT Inc.), Limited Partnership Agreement (Behringer Harvard Reit I Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Operating Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Operating Partnership’s assets.
Appears in 11 contracts
Samples: Limited Partnership Agreement (Global Income Trust, Inc.), Limited Partnership Agreement (Global Growth Trust, Inc.), Limited Partnership Agreement (CNL Properties Trust, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 8 contracts
Samples: Agreement of Limited Partnership (Sunstone Hotel Investors Inc), Limited Partnership Agreement (Innkeepers Usa Trust/Fl), Limited Partnership Agreement (RFS Hotel Investors Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 8 contracts
Samples: Limited Partnership Agreement (Windrose Medical Properties Trust), Limited Partnership Agreement (Hersha Hospitality Trust), Limited Partnership Agreement (Columbia Equity Trust, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5Section 6, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Cottonwood Communities, Inc.), Limited Partnership Agreement (Cottonwood Communities, Inc.), Merger Agreement (Cottonwood Communities, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5ARTICLE V, no Partner shall have the right to receive and the General Partner shall not have the right to make, make a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 5 contracts
Samples: Limited Partnership Agreement (United Development Funding Income Fund V), Limited Partnership Agreement (Cole Credit Property Trust V, Inc.), Limited Partnership Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive receive, and the General Partner shall not have the right to cause the Partnership to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 4 contracts
Samples: Agreement of Limited Partnership (Four Springs Capital Trust), Limited Partnership Agreement (Four Springs Capital Trust), Limited Partnership Agreement (Four Springs Capital Trust)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilitiesliabilities of the Partnership, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Golf Trust of America Inc), Limited Partnership Agreement (Capital Automotive Reit), Limited Partnership Agreement (Golf Trust of America Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive and the General Partner shall not have the right to make, make a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Uniti Group Inc.), Limited Partnership Agreement (Uniti Group Inc.), Limited Partnership Agreement (GLADSTONE LAND Corp)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article Section 5, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Lodging Fund REIT III, Inc.), Limited Partnership Agreement (Cottonwood Communities, Inc.), Limited Partnership Agreement (Cottonwood Communities, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 3 contracts
Samples: Third Amended and Restated Agreement of Limited Partnership (Condor Hospitality Trust, Inc.), Third Amended and Restated Agreement of Limited Partnership (Supertel Hospitality Inc), Third Amended and Restated Agreement of Limited Partnership (Supertel Hospitality Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 3 contracts
Samples: Agreement of Limited Liability Limited Partnership (INREIT Real Estate Investment Trust), Agreement of Limited Liability Limited Partnership (INREIT Real Estate Investment Trust), Agreement of Limited Liability Limited Partnership (INREIT Real Estate Investment Trust)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.assets.
Appears in 2 contracts
Samples: Limited Liability Limited Partnership Agreement, Limited Liability Limited Partnership Agreement
Limitations on Return of Capital Contributions. Notwithstanding any of ---------------------------------------------- the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Wells Real Eastate Investment Trust Inc), Limited Partnership Agreement (Prentiss Properties Trust/Md)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 2 contracts
Samples: Limited Partnership Agreement (NorthStar Real Estate Income II, Inc.), Limited Partnership Agreement (NorthStar Real Estate Income II, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets. The provisions of this Section 5.05 shall not be deemed to restrict the ability of the Partnership to pay the Cash Amount upon any exercise of the Redemption Right.
Appears in 2 contracts
Samples: Limited Partnership Agreement (United Dominion Realty L P), Limited Partnership Agreement (UDR, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does do not exceed the fair market value of the Partnership’s 's assets.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Equity Inns Inc), Limited Partnership Agreement (Winston Hotels Inc)
Limitations on Return of Capital Contributions. Notwithstanding ---------------------------------------------- any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Patriot American Hospitality Inc), Limited Partnership Agreement (Patriot American Hospitality Inc)
Limitations on Return of Capital Contributions. Notwithstanding any ---------------------------------------------- of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Patriot American Hospitality Operating Co\de), Limited Partnership Agreement (Prentiss Properties Trust/Md)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless unless, after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Legacy Healthcare Properties Trust Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilitiesliabilities of the Partnership, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Western Properties Trust)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilitiesliabilities of the Partnership, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Western Investment Real Estate Trust)
Limitations on Return of Capital Contributions. Notwithstanding any ---------------------------------------------- of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, make a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Wells Real Estate Investment Trust Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive and the General Partner shall not have the right to make, make a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his its Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Gladstone Commercial Corp)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive and the Sponsor General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (NRI Real Token Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions other provision of this Article 5V, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the aggregate fair market value of the Partnership’s assetsPartnership Properties.
Appears in 1 contract
Samples: Limited Partnership Agreement (Insignia Properties Trust /)
Limitations on Return of Capital Contributions. Notwithstanding any an y of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Americold Realty Trust)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s Capital ContributionsContribution, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Dakota Real Estate Investment Trust)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Steadfast Apartment REIT, Inc.)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does do not exceed the fair market value of the Partnership’s assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (W2007 Grace Acquisition I Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilitiesliabilities of the Partnership, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Presidential Realty Corp/De/)
Limitations on Return of Capital Contributions. Notwithstanding any ---------------------------------------------- of the provisions of this Article 5V, no Partner shall have the right to receive and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Humphrey Hospitality Trust Inc)
Limitations on Return of Capital Contributions. Notwithstanding any of the provisions of this Article 5, no Partner shall have the right to receive receive, and the General Partner shall not have the right to make, a distribution that which includes a return of all or part of a Partner’s 's Capital Contributions, unless after giving effect to the return of a Capital Contribution, the sum of all Partnership liabilities, other than the liabilities to a Partner for the return of his Capital Contribution, does do not exceed the fair market value of the Partnership’s 's assets.
Appears in 1 contract
Samples: Limited Partnership Agreement (Mid America Apartment Communities Inc)
