Common use of Net Property Gain Clause in Contracts

Net Property Gain. Except as otherwise provided herein, Net Property Gain for any fiscal year or other applicable period shall be allocated in the following order and priority: (1) First, to the Partners, until the cumulative Net Property Gain allocated pursuant to this subparagraph 2(a)(1) for the current and all prior periods equals the cumulative Net Property Loss allocated pursuant to subparagraph 2(b)(2) hereof for all prior periods, among the Partners in the same ratio and reverse order that such Net Property Loss was allocated to the Partners pursuant to subparagraph 2(b)(2) hereof (and, in the event of a shift of a Partner's interest in the Partnership, to the Partners in a manner that most equitably reflects the successors in interest to the Partners). (2) Thereafter, the balance of the Net Property Gain, if any, shall be allocated to the Partners in accordance with their respective 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)

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Net Property Gain. Except as otherwise provided herein, Net Property Gain for any fiscal year or other applicable period shall be allocated in the following order and priority: (1) : First, to the Partners, until the cumulative Net Property Gain allocated pursuant to this subparagraph 2(a)(1) for the current and all prior periods equals the cumulative Net Property Loss allocated pursuant to subparagraph 2(b)(2) hereof for all prior periods, among the Partners in the same ratio and reverse order that such Net Property Loss was allocated to the Partners pursuant to subparagraph 2(b)(2) hereof (and, in the event of a shift of a Partner's interest in the Partnership, to the Partners in a manner that most equitably reflects the successors in interest to the Partners). (2) . Thereafter, the balance of the Net Property Gain, if any, shall be allocated to the Partners in accordance with their respective Percentage Interests.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Essex Portfolio Lp)

Net Property Gain. Except as otherwise provided herein, Net Property Gain for any fiscal year Partnership Year (or other applicable period period) shall be allocated in the following order and priority: (1) First, to the Partners, until the cumulative Net Property Gain allocated pursuant to this subparagraph 2(a)(1Section 6.02(a)(1) for the current and all prior periods equals the cumulative Net Property Loss allocated pursuant to subparagraph 2(b)(2Section 6.02(b)(2) hereof for all prior periods, with such allocations being made among the Partners in the same ratio and reverse order that such Net Property Loss was allocated to the Partners pursuant to subparagraph 2(b)(2Section 6.02(b)(2) hereof (and, in the event of a shift of a Partner's ’s interest in the Partnership, to among the Partners in a manner that most equitably reflects the varying interests of the Partners, including the successors in interest to the Partners)., and (2) Thereafter, the balance of the such Net Property Gain, if any, shall be allocated to among the Partners in accordance with their respective Percentage Interests.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Schottenstein Realty Trust, Inc.)

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Net Property Gain. Except as otherwise provided herein, Net Property ----------------- Gain for any fiscal year or other applicable period shall be allocated in the following order and priority: (1) First, to the Partners, until the cumulative Net Property Gain allocated pursuant to this subparagraph 2(a)(1) for the current and all prior periods equals the cumulative Net Property Loss allocated pursuant to subparagraph 2(b)(2) hereof for all prior periods, among the Partners in the same ratio and reverse order that such Net Property Loss was allocated to the Partners pursuant to subparagraph 2(b)(2) hereof (and, in the event of a shift of a Partner's interest in the Partnership, to the Partners in a manner that most equitably reflects the successors in interest to the Partners). (2) Thereafter, the balance of the Net Property Gain, if any, shall be allocated to the Partners in accordance with their respective Percentage Interests.

Appears in 1 contract

Samples: First Amended and Restated Agreement of Limited Partnership (Essex Portfolio Lp)

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