Common use of Substantial Economic Effect Clause in Contracts

Substantial Economic Effect. It is the intent of the Partners that the allocations of Operating Income, Operating Loss, income, gain, loss and expense under the Agreement have substantial economic effect (or be consistent with the Partners' interests in the Partnership in the case of the allocation of losses or expenses attributable to nonrecourse debt) within the meaning of Section 704(b) of the Code interpreted by the Regulations promulgated pursuant thereto. Article V and other relevant provisions of this Agreement shall be interpreted in a manner consistent with such intent. Furthermore, the General Partner shall have the right, without the consent of the Limited Partners or the Special Limited Partner, to modify the provisions of Section 5.01 to the extent necessary to comply with Section 704(b) of the Code or otherwise to achieve the intended distribution of Cash Available for Distribution, Sale Proceeds, or liquidation proceeds among the Partners.

Appears in 4 contracts

Samples: A Reit Inc, NNN Apartment REIT, Inc., NNN Apartment REIT, Inc.

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Substantial Economic Effect. It is the intent of the Partners that the allocations of Operating Income, Operating Loss, income, gain, loss loss, and expense under the Agreement have substantial economic effect (or be consistent with the Partners' interests in the Partnership in the case of the allocation of losses or expenses attributable to nonrecourse debt) within the meaning of Section 704(b) of the Code as interpreted by the Regulations promulgated pursuant thereto. Article V and other relevant provisions of this Agreement shall be interpreted in a manner consistent with such intent. Furthermore, the General Partner shall have the right, without the consent of the Limited Partners or the Special Limited Partner, to modify the provisions of Section 5.01 to the extent necessary to comply with Section 704(b) of the Code or otherwise to achieve the intended distribution of Cash Available for Distribution, Sale Proceeds, or liquidation proceeds among the Partners.

Appears in 1 contract

Samples: T Reit Inc

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Substantial Economic Effect. It is the intent of the Partners that the allocations of Operating Income, Operating Loss, income, gain, loss loss, and expense under the Agreement have substantial economic effect (or be consistent with the Partners' interests in the Partnership in the case of the allocation of losses or expenses attributable to nonrecourse debt) within the meaning of Section 704(b) of the Code interpreted by the Regulations promulgated pursuant thereto. Article V and other relevant provisions of this Agreement shall be interpreted in a manner consistent with such intent. Furthermore, the General Partner shall have the right, without the consent of the Limited Partners or the Special Limited Partner, to modify the provisions of Section 5.01 to the extent necessary to comply with Section 704(b) of the Code or otherwise to achieve the intended distribution of Cash Available for Distribution, Sale Proceeds, or liquidation proceeds among the Partners.of

Appears in 1 contract

Samples: G Reit Inc

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