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 98 contracts
Samples: Limited Partnership Agreement (Blue Owl Real Estate Net Lease Trust), Limited Partnership Agreement (North Haven Net REIT), Limited Partnership Agreement (EQT Exeter 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: Original Agreement (Agree Realty Corp), Agreement (Alpine Income Property Trust, Inc.), Original Agreement (Priam Properties 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, 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: Agreement (Investors Real Estate Trust), Partnership Interest Purchase and Exchange Agreement (United Dominion Realty Trust Inc), Agreement (Ocwen Asset Investment Corp)
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: Amended and Restated Agreement (Adaptive Real Estate Income Trust, Inc.), Cole Office & Industrial REIT (CCIT III), Inc., Third Amended and Restated 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 '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 13 contracts
Samples: Limited Partnership Agreement (Americold Realty Trust), Limited Partnership Agreement (Moody National REIT II, 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: Plymouth Industrial REIT Inc., Plymouth Opportunity REIT Inc., 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 and Plan of Merger (Westbrook Real Estate Partners LLC), Agreement and Plan of Merger (Alter Robert A), Innkeepers Usa Trust/Fl
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: G Reit Inc, Columbia Equity Trust, Inc., Hersha Hospitality Trust
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: Agreement (Cole Credit Property Trust V, Inc.), Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), United Development Funding Income Fund V
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.), Agreement and Plan of Merger (Cottonwood Communities, 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: Uniti Group Inc., Uniti Group Inc., Agreement (GLADSTONE LAND Corp)
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: Capital Automotive Reit, Golf Trust of America Inc, Capital Automotive Reit
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: Four Springs Capital Trust, Schedules and Exhibits (Four Springs Capital Trust), Four Springs Capital Trust
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 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: INREIT Real Estate Investment Trust, INREIT Real Estate Investment Trust, 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 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: Condor Hospitality Trust, Inc., Agreement (Supertel Hospitality Inc), Agreement (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 '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: Prentiss Properties Trust/Md, Wells Real Eastate Investment 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 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: www.soitrust.com, www.smftrust.com
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: United Dominion Realty L P, 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 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: Patriot American Hospitality Operating Co\de, 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 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: Equity Inns Inc, 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: Patriot American Hospitality Inc, 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 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 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, 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
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 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
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: Reorganization Agreement (Mid America Apartment Communities 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 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. 5.6.
Appears in 1 contract
Samples: Limited Partnership Agreement (Blackstone Real Estate Income Trust, Inc.)
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 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: Western Properties Trust
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
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: Western Investment Real Estate 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.. 5.6
Appears in 1 contract
Samples: Steadfast Apartment REIT, 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.. 5.6
Appears in 1 contract
Samples: Limited Partnership Agreement (Strategic Realty Trust, 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: Insignia 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 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
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
