Common use of Tax Elections Clause in Contracts

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 66 contracts

Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Limited Partnership Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

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Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 61 contracts

Samples: Limited Partnership Agreement (Lineage, Inc.), Limited Partnership Agreement (Lineage, Inc.), Limited Partnership Agreement (Rexford Industrial Realty, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 46 contracts

Samples: Limited Partnership Agreement (Carey Watermark Investors 2 Inc), Limited Partnership Agreement (Amb Property Corp), Agreement of Limited Partnership (Amb Property Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including it makes, including, without limitation, any the election under Section 754 of the Code) , upon the General Partner’s determination determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 21 contracts

Samples: Merger Agreement (Healthcare Realty Trust Inc), Limited Partnership Agreement (American Healthcare REIT, Inc.), Limited Partnership Agreement (Griffin-American Healthcare REIT IV, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election or choose any available reporting method pursuant to the CodeCode or state or local tax law; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) or change any reporting method upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of all of the Partners.

Appears in 21 contracts

Samples: Limited Partnership Agreement (Crescent Real Estate Equities Co), Limited Partnership Agreement (Crescent Real Estate Equities Co), Limited Partnership Agreement (Crescent Real Estate Equities Co)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 18 contracts

Samples: Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Residential Trust)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including or refrain from making the election under provided for in Section 754 of the Code. The General Partner shall have , and any and all other elections permitted by the right to seek to revoke any such election (including without limitation, any election under Section 754 tax laws of the Code) upon United States, the General Partner’s determination several states and other relevant jurisdictions, in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 18 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Steel Partners Holdings L.P.), Limited Partnership Agreement (Steel Partners Holdings L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 and the election to use the “recurring item” method of accounting provided under Code Section 461(h) with respect to property taxes imposed on the CodePartnership’s Properties. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) and 754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 16 contracts

Samples: Limited Partnership Agreement (Ready Capital Corp), Agreement of Limited Partnership (Aspen REIT, Inc.), Limited Partnership Agreement (ZAIS Financial Corp.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 13 contracts

Samples: Limited Partnership Agreement (Colonial Realty Limited Partnership), Limited Partnership Agreement (Equity Office Properties Trust), Agreement of Limited Partnership (Hub Group Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, Code (including the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 11 contracts

Samples: Agreement of Limited Partnership (Gadsden Growth Properties, Inc.), Limited Partnership Agreement (Education Realty Operating Partnership L P), Limited Partnership Agreement (Chesapeake Lodging Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners754.

Appears in 11 contracts

Samples: Limited Partnership Agreement (Arbor Realty Trust Inc), Agreement of Limited Partnership (Arbor Realty Trust Inc), Limited Partnership Agreement (Pacific Office Properties Trust, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election election. The General Partner shall elect under Section 754 of the Code to cause the basis of Partnership property to be adjusted for federal income tax purposes as provided by Sections 734 and 743 of the Code. The , but the General Partner shall have the right to may seek to revoke any such this election (including without limitation, any election under Section 754 of the Code) upon if the General Partner’s determination in its sole and absolute discretion Partner determines that such revocation is in the best interests of the Limited Partners.

Appears in 10 contracts

Samples: Limited Partnership Agreement (Buckeye GP Holdings L.P.), Credit Agreement (Buckeye Partners L P), Limited Partnership Agreement (Buckeye GP Holdings L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 10 contracts

Samples: Limited Partnership Agreement (Sl Green Realty Corp), Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Post Apartment Homes Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 8 contracts

Samples: Limited Partnership Agreement (Shelbourne Properties I Inc), Limited Partnership Agreement (Walden Residential Properties Inc), Limited Partnership Agreement (Shelbourne Properties Iii Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, shall in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partners and Assignees.

Appears in 8 contracts

Samples: Agreement of Limited Partnership (Enbridge Energy Partners Lp), Limited Partnership Agreement, Agreement of Limited Partnership (Enbridge Energy Partners Lp)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the PartnersCode or other tax law.

Appears in 8 contracts

Samples: Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant make, to the Code, including refrain from making or to revoke the election under provided for in Section 754 of the Code. The General Partner shall have the right to seek to revoke , and any such election (including without limitation, any election under Section 754 of and all other elections permitted by the Code) upon , the General Partner’s determination Income Tax Act or any other national, federal, provincial, state or local tax Law, in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 7 contracts

Samples: Limited Partnership Agreement (BPY Bermuda Holdings IV LTD), Limited Partnership Agreement, Limited Partnership Agreement (Brookfield Property Partners L.P.)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant make, to the Code, including refrain from making or to revoke the election under provided for in Section 754 of the Code. The , and any and all other elections permitted by the Code, the Income Tax Act or any other national, federal, state or local tax Law, in its sole discretion, provided, however, that the General Partner shall have make all elections that it is required to make under the right to seek to revoke any such election (including without limitation, any election under Section 754 Plan of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the PartnersArrangement.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Limited Partnership Agreement, Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 6 contracts

Samples: Limited Partnership Agreement (Ferrellgas Partners Finance Corp), Limited Partnership Agreement (Eott Energy Partners Lp), Limited Partnership Agreement (Ferrellgas Finance Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any an election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 6 contracts

Samples: Limited Partnership Agreement (Gramercy Property Trust), Limited Partnership Agreement (Cb Richard Ellis Realty Trust), Limited Partnership Agreement (Cb Richard Ellis Realty Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 6 contracts

Samples: Limited Partnership Agreement (Vornado Realty Trust), Limited Partnership Agreement (Vornado Realty Trust), Limited Partnership Agreement (Vornado Realty Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 6 contracts

Samples: Agreement of Limited Partnership (Host Hotels & Resorts L.P.), Limited Partnership Agreement (Eldertrust), Limited Partnership Agreement (HMC Merger Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including it makes, including, without limitation, any the election under Section 754 of the Code) , upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 5 contracts

Samples: Limited Partnership Agreement (NNN Healthcare/Office REIT, Inc.), Limited Partnership Agreement (NNN Healthcare/Office REIT, Inc.), Limited Partnership Agreement (NNN Healthcare/Office REIT, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, shall in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Teppco Partners Lp), Limited Partnership Agreement (Teppco Partners Lp), Limited Partnership Agreement (Teppco Partners Lp)

Tax Elections. Except as otherwise provided herein, the ------------- General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode including, including without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, shall in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partners and Assignees.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Lakehead Pipe Line Partners L P), Limited Partnership Agreement (Felcor Lodging Trust Inc), Limited Partnership Agreement (Felcor Lodging Trust Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including . The General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the right reservation of the rights to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 4 contracts

Samples: Amendment No. 7 to the Amended and Restated Agreement of Limited Partnership (Merry Maids Limited Partnership), Agreement of Limited Partnership (Merry Maids Limited Partnership), Agreement of Limited Partnership (ServiceMaster Consumer Services Limited Partnership)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (Life Storage Lp), Limited Partnership Agreement (Lexington Strategic Asset Corp), Limited Partnership Agreement (Highwoods Properties Inc)

Tax Elections. Except as otherwise provided herein, the (a) The General Partner shall, in its sole and absolute discretion, determine whether to Partners may make any available election pursuant to the Code, including the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The In the event the General Partner shall have Partners make such election, the General Partners reserve the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s their determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersUnitholders. (b) The General Partners shall determine whether to make any other elections available under the Code or under any state's tax laws on behalf of the Partnership.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (Oppenheimer Capital L P /De/), Limited Partnership Agreement (Oppenheimer Capital L P /De/), Limited Partnership Agreement (Pimco Advisors Holdings Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election or choose any available reporting method pursuant to the Code, including the election under Section 754 of the CodeCode or state or local tax law. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination or change any reporting method in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 4 contracts

Samples: Limited Partnership Agreement (CNL Health Care Properties Inc), Limited Partnership Agreement (CNL Hospitality Properties Inc), Limited Partnership Agreement (CNL American Properties Fund Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (InfraREIT, Inc.), Limited Partnership Agreement (InfraREIT, Inc.), Limited Partnership Agreement (InfraREIT, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Cedar Income Fund LTD), Limited Partnership Agreement (Cedar Shopping Centers Inc), Limited Partnership Agreement (Hanover Capital Holdings Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including the election election. The General Partner shall elect under Section 754 of the Code to cause the basis of Partnership property to be adjusted for federal income tax purposes as provided by Sections 734 and 743 of the Code. The , but the General Partner shall have the right to may seek to revoke any such this election (including without limitation, any election under Section 754 of the Code) upon if the General Partner’s determination in its sole and absolute discretion Partner determines that such revocation is in the best interests of the Limited Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Buckeye Partners, L.P.), Merger Agreement (Buckeye GP Holdings L.P.), Limited Partnership Agreement

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Kinder Morgan Energy Partners L P), Limited Partnership Agreement (El Paso Pipeline Partners, L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Mid-America Apartments, L.P.), Agreement of Limited Partnership (Colonial Properties Trust), Limited Partnership Agreement (Carramerica Realty Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the PartnersLimited Partner.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Ferrellgas Partners Finance Corp), Third Amended and Restated Agreement of Limited Partnership, Limited Partnership Agreement (Ferrellgas Finance Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.to

Appears in 3 contracts

Samples: Limited Partnership Agreement (Amb Property Lp), Limited Partnership Agreement (Arden Realty Inc), Limited Partnership Agreement (Amb Property Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) it makes upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Shopoff Properties Trust, Inc.), Limited Partnership Agreement (Shopoff Properties Trust, Inc.), Limited Partnership Agreement (Shopoff Properties Trust, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, Code including the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Gotham Golf Corp), Limited Partnership Agreement (Gotham Golf Corp), Limited Partnership Agreement (Gotham Golf Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partnersdiscretion.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Campus Crest Communities, Inc.), Limited Partnership Agreement (Campus Crest Communities, Inc.), Limited Partnership Agreement (American Campus Communities Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partnership and the Partners. At the request of any Limited Partner, the General Partner shall cause the Partnership to make a Code Section 754 election.

Appears in 3 contracts

Samples: Limited Partnership Agreement (CoreSite Realty Corp), Limited Partnership Agreement (CoreSite Realty Corp), Limited Partnership Agreement (CoreSite Realty Corp)

Tax Elections. Except as otherwise provided hereinin this Agreement, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; including without limitation, including the election under Section 754 of the CodeCode in accordance with applicable regulations. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Public Storage Properties Xi Inc), Limited Partnership Agreement (Public Storage Properties Xi Inc), Limited Partnership Agreement (Ps Business Parks Inc/Ca)

Tax Elections. Except as otherwise provided herein, the General Partner Partners shall, in its their sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partners shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner Partners shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s Partners' determination in its their sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Equity Office Properties Trust), Limited Partnership Agreement (Equity Office Properties Trust), Limited Partnership Agreement (Equity Office Properties Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Lepercq Corporate Income Fund L P), Limited Partnership Agreement (Lexington Realty Trust), Merger Agreement (Lexington Realty Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election (including without limitation, any election under Section 754 of the Code) it makes upon the General Partner’s determination determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Catellus Development Corp), Limited Partnership Agreement (DiamondRock Hospitality Co), Limited Partnership Agreement (DiamondRock Hospitality Co)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode including, including without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Baron Capital Trust), Limited Partnership Agreement (Baron Capital Trust), Limited Partnership Agreement (Mar Mar Realty Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Codecode, including provided, however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its their sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (LaSalle Hotel Properties), Limited Partnership Agreement (Lasalle Hotel Properties), Limited Partnership Agreement (Lasalle Hotel Properties)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partnership and the Partners.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Vici Properties Inc.), Limited Partnership Agreement (Vici Properties Inc.), Limited Partnership Agreement (International Market Centers, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 and the election to use the "recurring item" method of the Codeaccounting provided under Code Section 461(h). The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 461(h) and 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Northstar Realty), Limited Partnership Agreement (Northstar Realty)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that if requested by a transferee of a Partnership Interest, the General Partner shall file an election under on behalf of the Partnership pursuant to Section 754 of the CodeCode to adjust the basis of the Partnership property in the case of a transfer of a Partnership Interest made in accordance with the provisions of this Agreement. The General Partner shall have the right to seek to revoke any such tax election it makes (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests interest of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Pacific Gulf Properties Inc), Limited Partnership Agreement (Pacific Gulf Properties Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners. At the request of any Limited Partner, the General Partner shall cause the Partnership to make a Code Section 754 election.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (CoreSite Realty Corp), Agreement of Limited Partnership (CoreSite Realty Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided that, including the election General Partner shall make the applicable adjustments under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Lexington Realty Trust), Merger Agreement (Newkirk Master Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election elections under Section Code Sections 754 of the Codeand 6226. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Invitation Homes Inc.), Limited Partnership Agreement (Invitation Homes Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the CodeCode previously made) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Camden Property Trust), Agreement of Limited Partnership (Camden Property Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Host Hotels & Resorts, Inc.), Limited Partnership Agreement (Host Hotels & Resorts L.P.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including the however, that any election under Section 754 of the CodeCode shall require the consent of the Limited Partners. The General Partner shall have the right to seek to revoke any such election (including without limitation, limitation any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners; provided, however, that any revocation of an election under Section 754 of the Code shall require the consent of the Limited Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Hre Properties), Limited Partnership Agreement (Countryside Square Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election or choose any available reporting method pursuant to the CodeCode or state or local tax law; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) or change any reporting method upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of all of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Crescent Real Estate Equities Co), Limited Partnership Agreement (Crescent Real Estate Equities Co)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Presidio Golf Trust), Limited Partnership Agreement (Equity Residential Properties Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, shall determine whether and when to make or change any available election pursuant to the CodeCode or any other tax law; provided, including however, that the General Partner shall cause the Partnership to make the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitationincluding, with the consent of the Management Representative (not to be unreasonably withheld, conditioned or delayed), any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners).

Appears in 2 contracts

Samples: Agreement of Exempted Limited Partnership (WeWork Inc.), Agreement of Exempted Limited Partnership (BowX Acquisition Corp.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; PROVIDED THAT the General Partner shall make the election under Section Code 754 of the Codein accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the CodeCode 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (American Real Estate Investment Corp), Limited Partnership Agreement (Price Development Co Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the -------- election under Section 754 of the CodeCode in accordance with the applicable regulations thereunder effective for the first calendar year following the Effective Date. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Cavanaughs Hospitality Corp), Agreement of Limited Partnership (Cavanaughs Hospitality Corp)

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Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code(including, including without limitation, the election under Section section 754 of the Code) or choose any available reporting method pursuant to the Code or state or local tax law. The General Partner shall in its sole and absolute discretion have the right to seek to revoke any such election (including including, without limitation, any the election under Section section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partnersor change any reporting method.

Appears in 1 contract

Samples: Master Agreement (Capstead Mortgage Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is the best interests of the Partners. The Partners acknowledge, however, that prior to the Effective Date the Partnership made an election under Section 754 of the Code.

Appears in 1 contract

Samples: Agreement to Contribute Capital and Escrow Instructions (Arden Realty Inc)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including Code or any applicable state or local tax law and the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Berkshire Income Realty Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section -38- 42 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Lexington Corporate Properties Trust)

Tax Elections. Except as otherwise provided set forth herein, the General Partner shall, in its sole and absolute discretion, shall determine whether to make (and, if necessary, revoke) any tax election available election pursuant to the CodePartnership under the Code or any state tax law; provided, including however, upon the request of any Partner, the General Partner shall make the election under Code Section 754 of and the CodeTreasury Regulations promulgated thereunder. The General Partner Partnership shall have elect to deduct expenses, if any, incurred by it in organizing the right to seek to revoke any such election (including without limitation, any election under Partnership in accordance with the provisions of Code Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners709.

Appears in 1 contract

Samples: Limited Partnership Agreement (Corporate Office Properties, L.P.)

Tax Elections. Except as otherwise provided hereinherein or as otherwise agreed to in a written agreement between the General Partner and one or more Limited Partners, the General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the CodeCode (including, including without limitation the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners).

Appears in 1 contract

Samples: Limited Partnership Agreement (Camden Property Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Plum Creek Timber Co Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the CodeCode (including, including without limitation, the election available under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (American Industrial Properties Reit Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (First Union Real Estate Equity & Mortgage Investments)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided that, including the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Lexington Corporate Properties Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election it makes (including including, without limitation, any election under Section 754 of the Code) upon the General Partner’s determination 's 47 52 determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Trinet Corporate Realty Trust Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election it makes (including without limitation, except any election under Section 754 of the CodeCode made on behalf of a Limited Partner or an Assignee) upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Bay Apartment Communities Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such tax election it makes (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination 's determination, in its sole and absolute discretion discretion, that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Cornerstone Properties Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder in respect of the Partnership and in respect of each Subtier Entity for each of their respective taxable years. The General Partner shall have not revoke the right to seek to revoke any such election (including without limitation, any election under Section 754 of election made with respect to the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the PartnersPartnership or any Subtier Entity.

Appears in 1 contract

Samples: Limited Partnership Agreement (Rodamco North America N V)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Code754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Hudson Pacific Properties, Inc.)

Tax Elections. Except as otherwise provided herein, the Managing General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including . The Managing General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the reservation of the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the Managing General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (ARAMARK FHC Kansas, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Vornado Realty Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.to

Appears in 1 contract

Samples: Limited Partnership Agreement (Lexington Corporate Properties Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; PROVIDED, including HOWEVER, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Sl Green Realty Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder effective for the first calendar year following the Effective Date. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Hammons John Q Hotels Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; PROVIDED, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder effective for the first calendar year following the Effective Date. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Capstar Hotel Co)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the -------- election under Section 754 of the CodeCode in accordance with applicable regulations thereunder effective for the first calendar year following the date hereof. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Meristar Hotels & Resorts Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, without limitation, the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Section 754 of the CodeCode Sections 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kimco Realty Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder effective for the right to seek to revoke any such election (including without limitation, any election under Section 754 of first calendar year following the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the PartnersEffective Date.

Appears in 1 contract

Samples: Contribution Agreement (Tower Realty Trust Inc)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including . The General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the right reservation of the rights to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (ServiceMaster Consumer Services Limited Partnership)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Regency Centers Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, Code (including the election under Section 754 of the Code). The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kite Realty Group Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of Table of Contents the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 1 contract

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

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 of 754, and any available tax elections under state or local tax law. Each Partner will furnish the CodePartnership with all information necessary to give effect to any such election. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any election under Code Section 754 of the Codeor any applicable state or local tax law) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Creative Media & Community Trust Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code; provided, including however, that the General Partner shall make the election under Section 754 of the CodeCode in accordance with applicable regulations thereunder. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Limited Partners.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Terra Nitrogen Co L P /De)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, determine whether to make or revoke any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Latzim Family LLC)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; PROVIDED THAT the General Partner shall make the election under Code Section 754 of the Codein accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Code Section 754 of the Code754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Keystone Property Trust)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including the election under Code Section 754 of the Code754. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Aviv REIT, Inc.)

Tax Elections. Except as otherwise provided herein, the The General Partner shall, in its sole and absolute discretion, shall determine whether to make any available election pursuant to the Code, including including, but not limited to, the election under Code Section 754 754, the election to use the “recurring item” method of accounting provided under Code Section 461(h) with respect to property taxes imposed on the CodePartnership’s Properties and the election under Code Section 6226. The General Partner shall have the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is the best interests of the Partnerselection.

Appears in 1 contract

Samples: Limited Partnership Agreement (Ryman Hospitality Properties, Inc.)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code. The General Partner, including on behalf of the Partnership, shall make the election under pursuant to Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the reservation of the right to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon in the General Partner’s determination in its 's sole and absolute complete discretion that such revocation is in the best interests of the PartnersLimited Partners and Assignees.

Appears in 1 contract

Samples: Limited Partnership Agreement (FFP Real Estate Trust)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute reasonable discretion, determine whether to make any available election or choose any available reporting method pursuant to the Code, including the election under Section 754 of the CodeCode or state or local tax law. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any the election under Section 754 of the Code) or change any reporting method upon the General Partner’s 's determination in its sole and absolute reasonable discretion that such revocation is in the best interests of all of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Copi Colorado Lp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including ; provided that the General Partner shall make the election under Section Code ss. 754 of the Codein accordance with applicable Regulations thereunder. The General Partner shall have the right to seek to revoke any such election elections (including including, without limitation, any the election under Section 754 of the CodeCode ss. 754) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (American Real Estate Investment Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code, including the election under Section 754 of the Code. The General Partner shall have the right to seek to revoke any such election (including including, without limitation, any an election under Section 754 of the Code) upon the General Partner’s 's determination in its sole and absolute discretion that such revocation is in the best interests of the Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Gramercy Capital Corp)

Tax Elections. Except as otherwise provided herein, the General Partner shall, in its sole and absolute discretion, determine whether to make any available election pursuant to the Code. Notwithstanding the foregoing, including the General Partner shall make the election under Section 754 of the Code. The General Partner shall have Code in accordance with applicable regulations thereunder, subject to the right reservation of the rights to seek to revoke any such election (including without limitation, any election under Section 754 of the Code) upon the General Partner’s determination in its sole and absolute discretion that such revocation is in the best interests of the Class A Limited Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (ServiceMaster Consumer Services Limited Partnership)

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