Common use of Maintenance and Modification of Capital Accounts Clause in Contracts

Maintenance and Modification of Capital Accounts. The provisions of the Agreement relating to the maintenance of Capital Accounts are intended to comply with Internal Revenue Code (the Code) Regulation 1.704-1(b), and shall be interpreted and applied in a manner consistent with such Regulation. If the General Partner determines that it is prudent to modify the manner in which the Capital Accounts, or any debits or credits thereto (including, without limitation, debits or credits relating to liabilities which are secured by contributed or distributed property or which are assumed by the Partnership, the General Partner or the Limited Partners) are computed in order to comply with such Regulations, the General Partner may make such modification without regard to Section 17 of this Agreement, provided that it is not likely to have a material effect on the amounts distributable to any Partner. The General Partner also shall make any adjustments that are necessary or appropriate to maintain equality between the Capital Accounts of the Partners and the amount of Partnership capital reflected on the Partnership’s balance sheet, as computed for book purposes, in accordance with Regulations sections 1.704-1(b)(2)(iv) (f) and (q), and make any appropriate modifications in the event this Agreement is deemed not to comply with Regulations section 1.704-1(b).

Appears in 3 contracts

Samples: Limited Partnership Agreement (Altegris QIM Futures Fund, L.P.), Agreement of Limited Partnership (APM - QIM Futures Fund, L.P.), Limited Partnership Agreement (APM - QIM Futures Fund, L.P.)

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Maintenance and Modification of Capital Accounts. The provisions of the Agreement relating to the maintenance of Capital Accounts are intended to comply with Internal Revenue Code (the Code) Regulation 1.704-1(b), and shall be interpreted and applied in a manner consistent with such Regulation. If the General Partner determines that it is prudent to modify the manner in which the Capital Accounts, or any debits or credits thereto (including, without limitation, debits or credits relating to liabilities which are secured by contributed or distributed property or which are assumed by the Partnership, the General Partner or the Limited Partners) are computed in order to comply with such Regulations, the General Partner may make such modification without regard to Section 17 16 of this Agreement, provided that it is not likely to have a material effect on the amounts distributable to any Partner. The General Partner also shall wxxxxx futures fund, l.p. (us) EXHIBIT A-3 make any adjustments that are necessary or appropriate to maintain equality between the Capital Accounts of the Partners and the amount of Partnership capital reflected on the Partnership’s balance sheet, as computed for book purposes, in accordance with Regulations sections 1.704-1(b)(2)(iv) (f) and (q), and make any appropriate modifications in the event this Agreement is deemed not to comply with Regulations section 1.704-1(b).

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Winton Futures Fund Lp (Us)), Agreement of Limited Partnership (Winton Futures Fund Lp (Us))

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Maintenance and Modification of Capital Accounts. The provisions of the Agreement relating to the maintenance of Capital Accounts are intended to comply with Internal Revenue Code (the Code) Regulation 1.704-1(b), and shall be interpreted and applied in a manner consistent with such Regulation. If the General Partner determines that it is prudent to modify the manner in which the Capital Accounts, or any debits or credits thereto (including, without limitation, debits or credits relating to liabilities which are secured by contributed or distributed property or which are assumed by the Partnership, the General Partner or the Limited Partners) are computed in order to comply with such Regulations, the General Partner may make such modification without regard to Section 17 16 of this Agreement, provided that it is not likely to have a material effect on the amounts distributable to any Partner. The General Partner also shall make any adjustments that are necessary or appropriate to maintain equality between the Capital Accounts of the Partners and the amount of Partnership capital reflected on the Partnership’s balance sheet, as computed for book purposes, in accordance with Regulations sections 1.704-1(b)(2)(iv) (f) and (q), and make any appropriate modifications in the event this Agreement is deemed not to comply with Regulations section 1.704-1(b).

Appears in 2 contracts

Samples: Limited Partnership Agreement (Altegris Winton Futures Fund, L.P.), Limited Partnership Agreement (APM - Eckhardt Futures Fund, L.P.)

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