Net Operating Loss. Except as otherwise provided herein, Net Operating Loss of the Partnership for each fiscal year or other applicable period shall be allocated as follows: (1) To the Partners in accordance with their respective Percentage Interests. (2) Notwithstanding subparagraph 1(b)(1) hereof, to the extent any Net Operating Loss allocated to a Partner under subparagraph 1(b)(1) hereof or this subparagraph 1(b)(2) would cause such Partner (hereinafter, a "Restricted Partner") to have an Adjusted Capital Account Deficit as of the end of the fiscal year to which such Net Operating Loss relates, such Net Operating Loss shall not be allocated to such Restricted Partner and instead shall be allocated to the other Partner(s) (hereinafter, the "Permitted Partners") pro rata in accordance with their relative Percentage Interests.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Essex Portfolio Lp), First Amended and Restated Agreement of Limited Partnership (Essex Portfolio Lp), First Amended and Restated Agreement of Limited Partnership (Essex Property Trust Inc)
Net Operating Loss. Except as otherwise provided herein, Net ------------------ Operating Loss of the Partnership for each fiscal year or other applicable period shall be allocated as follows:
(1) To the Partners in accordance with their respective Percentage Interests.
(2) Notwithstanding subparagraph 1(b)(1) hereof, to the extent any Net Operating Loss allocated to a Partner under subparagraph 1(b)(1) hereof or this subparagraph 1(b)(2) would cause such Partner (hereinafter, a "Restricted Partner") to have an Adjusted Capital Account Deficit as of the end ------------------ of the fiscal year to which such Net Operating Loss relates, such Net Operating Loss shall not be allocated to such Restricted Partner and instead shall be allocated to the other Partner(s) (hereinafter, the "Permitted Partners") pro ------------------ rata in accordance with their relative Percentage Interests.
Appears in 1 contract
Samples: First Amended and Restated Agreement of Limited Partnership (Essex Portfolio Lp)