PARTNERSHIP INTEREST RETIREMENT OPTION Sample Clauses

PARTNERSHIP INTEREST RETIREMENT OPTION. If a Selling Partner has offered to sell directly all of its Interests under SECTION 8.3 or has given notice to the Partnership under SECTION 8.4(b), then the Partnership, at its option within ten days after receipt of the notice, may retire all of the Selling Partner's Partnership Interest (the "Retirement Option") on the following terms: (a) The Retirement Option will take priority over Respondent's option under SECTION 8.3 OR 8.4(b), (b) The Partnership shall make a retirement distribution to the Selling Partner equal to the purchase price required by SECTION 8.3 or 8.4, (c) A Selling Partner will be subject to the same terms, provisions and conditions as established in the Offer, (d) The retirement distribution shall occur no later than 60 days from the date that the Selling Partner elects to require the Partnership to retire the Offered Interests and (e) Upon the making of the retirement distribution, the Selling Partner shall cease to be a Partner and its Interest shall be extinguished. The Partnership Percentages of the other Partners shall be proportionately increased. Any premium pursuant to SECTION 8.4(f) shall be treated as a guaranteed payment within the meaning of Section 707(c) of the Code and recorded as an expense of the Partnership for income tax and financial reporting purposes and will not be considered a distribution of money to the Selling Partner that reduces its Capital Account. In the event of a change in the Code where the maximum marginal corporate capital gains tax rate is lower than the maximum marginal ordinary corporate income tax rate, the Selling Partner shall receive an additional Guaranteed Payment (herein so called) computed as follows: (i) The Guaranteed Payment times the maximum marginal federal ordinary corporate tax rate minus the Guaranteed Payment times the maximum marginal federal corporate capital gains tax rate. (ii) The positive amount in clause (i) immediately preceding is divided by the difference between 1 minus the maximum marginal federal ordinary corporate tax rate.
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PARTNERSHIP INTEREST RETIREMENT OPTION. 47 8.6 ADMISSION OF NEW LIMITED PARTNERS....................... 48 8.7

Related to PARTNERSHIP INTEREST RETIREMENT OPTION

  • Pre-Retirement Death Benefit (a) Normal form of payment. If (i) the Director dies while employed by the Bank, and (ii) the Director has not made a Timely Election to receive a lump sum benefit, this Subsection 4.1(a) shall be controlling with respect to pre-retirement death benefits. The balance of the Director=s Retirement Income Trust Fund, measured as of the later of (i) the Director=s death, or (ii) the date any final lump sum Contribution is made pursuant to Subsection 2.1(b), shall be annuitized (using the Interest Factor) into monthly installments and shall be payable for the Payout Period. Such benefits shall commence within thirty (30) days of the date the Administrator receives notice of the Director=s death. Should Retirement Income Trust Fund assets actually earn a rate of return, following the date such balance is annuitized, which is less than the rate of return used to annuitize the Retirement Income Trust Fund, no additional contributions to the Retirement Income Trust Fund shall be required by the Bank in order to fund the final benefit payment(s) and make up for any shortage attributable to the less-than-expected rate of return. Should Retirement Income Trust Fund assets actually earn a rate of return, following the date such balance is annuitized, which is greater than the rate of return used to annuitize the Retirement Income Trust Fund, the final benefit payment to the Director=s Beneficiary shall distribute the excess amounts attributable to the greater-than-expected rate of return. The Director=s Beneficiary may request to receive the unpaid balance of the Director=s Retirement Income Trust Fund in a lump sum payment. If a lump sum payment is requested by the Beneficiary, payment of the balance of the Retirement Income Trust Fund in such lump sum form shall be made only if the Director=s Beneficiary notifies both the Administrator and trustee in writing of such election within ninety (90) days of the Director=s death. Such lump sum payment shall be made within thirty (30) days of such notice. The Director=s Accrued Benefit Account (if applicable), measured as of the later of (i) the Director's death or (ii) the date any final lump sum Phantom Contribution is recorded in the Accrued Benefit Account pursuant to Subsection 2.1(c), shall be annuitized (using the Interest Factor) into monthly installments and shall be payable to the Director's Beneficiary for the Payout Period. Such benefit payments shall commence within thirty (30) days of the date the Administrator receives notice of the Director=s death, or if later, within thirty (30) days after any final lump sum Phantom Contribution is recorded in the Accrued Benefit Account in accordance with Subsection 2.1(c).

  • Traditional Individual Retirement Custodial Account The following constitutes an agreement establishing an Individual Retirement Account (under Section 408(a) of the Internal Revenue Code) between the depositor and the Custodian.

  • SIMPLE Individual Retirement Custodial Account (Under section 408(p) of the Internal Revenue Code) The participant named above is establishing a savings incentive match plan for employees of small employers individual retirement account (SIMPLE IRA) under sections 408(a) and 408(p) to provide for his or her retirement and for the support of his or her beneficiaries after death. The custodian named above has given the participant the disclosure statement required by Regulations section 1.408-6. The participant and the custodian make the following agreement:

  • Multiple Individual Retirement Accounts In the event the depositor maintains more than one Individual Retirement Account (as defined in Section 408(a)) and elects to satisfy his or her minimum distribution requirements described in Article IV above by making a distribution from another individual retirement account in accordance with Item 6 thereof, the depositor shall be deemed to have elected to calculate the amount of his or her minimum distribution under this custodial account in the same manner as under the Individual Retirement Account from which the distribution is made.

  • REGISTERED RETIREMENT SAVINGS PLAN 1. In this Article:

  • Xxxx Individual Retirement Custodial Account The following constitutes an agreement establishing a Xxxx XXX (under Section 408A of the Internal Revenue Code) between the depositor and the Custodian.

  • Deferred Retirement a. An employee who is eligible for paid retirement at the time he or she separates from County service, but elects deferred retirement, may defer participation in the Grant until such time as he or she becomes an active retiree. b. An otherwise eligible employee who is not eligible for paid retirement at the time he or she separates from County service but is eligible for and elects deferred retirement shall not become eligible for participation in the Grant.

  • Post-Retirement Benefits The present value of the expected cost of post-retirement medical and insurance benefits payable by the Borrower and its Subsidiaries to its employees and former employees, as estimated by the Borrower in accordance with procedures and assumptions deemed reasonable by the Required Lenders is zero.

  • Pre-Retirement Leave An Employee scheduled to retire and to receive a superannuation allowance under the applicable pension Acts or who has reached the mandatory retiring age, shall be entitled to: (a) A special paid leave for a period equivalent to fifty percent (50%) of his/her accumulated sick leave credit, to be taken immediately prior to retirement; or (b) A special cash payment of an amount equivalent to the cash value of fifty percent (50%) of his/her accumulated sick leave credit, to be paid immediately prior to retirement and based upon his/her current rate of pay.

  • Retirement Credit Retirement credit for such periods of leave without pay shall be governed by the rules and regulations of the Division of Retirement and the provisions of Chapter 121, Florida Statutes.

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