Recapture Income. Notwithstanding Section 6.4(a) hereof, if there is a gain on any sale, exchange or other disposition of Partnership assets and all or a portion of such gain is characterized as ordinary income by virtue of the recapture rules of Code Section 1245 or 1250, or under the corresponding recapture rules of state or local income tax law, as the case may be, then, to the extent possible, such recapture income for United States and state and local tax purposes shall be allocated to the Partners in the ratio that they were allocated Tax Depreciation previously taken and allowed with respect to the Partnership assets being sold or otherwise disposed of.
Appears in 3 contracts
Sources: Limited Partnership Agreement (Lexington Master Limited Partnership), Limited Partnership Agreement (Lexington Realty Trust), Limited Partnership Agreement (Lexington Master Limited Partnership)
Recapture Income. Notwithstanding Section 6.4(a) hereof, if there is a gain on any sale, exchange or other disposition of Partnership assets Company property and all or a portion of such gain is characterized as ordinary income by virtue of the recapture rules of Code Section 1245 or 1250, or under the corresponding recapture rules of state or local income tax law, as the case may be, then, to the extent possible, such recapture income for United States and state and local tax purposes shall be allocated to the Partners Members in the ratio that they were allocated Tax Depreciation previously taken and allowed with respect to the Partnership assets Company property being sold or otherwise disposed of.
Appears in 3 contracts
Sources: Operating Agreement (Lexington Corporate Properties Trust), Operating Agreement (Lexington Corporate Properties Trust), Limited Liability Company Agreement (Lexington Corporate Properties Trust)
Recapture Income. Notwithstanding Section 6.4(a) hereof, if there is a gain on any sale, exchange or other disposition of Partnership assets property and all or a portion of such gain is characterized as ordinary income by virtue of the recapture rules of Code Section 1245 or 1250, or under the corresponding recapture rules of state or local income tax law, as the case may be, then, to the extent possible, such recapture income for United States and state and local tax purposes shall be allocated to the Partners in the ratio that they were allocated Tax Depreciation previously taken and allowed with respect to the Partnership assets property being sold or otherwise disposed of.
Appears in 3 contracts
Sources: Limited Partnership Agreement (Federal Realty Investment Trust), Limited Partnership Agreement (Lexington Corporate Properties Trust), Limited Partnership Agreement (Ramco Gershenson Properties Trust)