Common use of TREATMENT AS CONTRIBUTION Clause in Contracts

TREATMENT AS CONTRIBUTION. (a) Any transfer, assignment and exchange by the Contributor effectuated pursuant to this Agreement shall constitute a “Capital Contribution” by the Contributor to the Operating Partnership as defined in Article I of the Operating Partnership Agreement (as defined) and is intended to be governed by Section 721(a) of the Code. (b) The Contributor and the Operating Partnership agree to the tax treatment described in Section 1.04(a), and the Contributor and the Operating Partnership shall file their respective Tax Returns consistent with such treatment, unless otherwise required by applicable Law.

TREATMENT AS CONTRIBUTION. (a) Any Each transfer, assignment and exchange by the any Contributor effectuated pursuant to this Agreement shall constitute a “Capital Contribution” by the such Contributor to the Operating Partnership as defined in Article I of the Operating Partnership A&R OP Agreement (as defined) and is intended to be governed by Section 721(a) of the Code. (b) The Contributor Contributors and the Operating Partnership agree to the tax treatment described in Section 1.04(a), and the each Contributor and the Operating Partnership shall file their respective Tax Returns consistent with such treatment, unless otherwise required by applicable Law.

TREATMENT AS CONTRIBUTION. (a) Any transfer, assignment and exchange by the Contributor effectuated pursuant to this Agreement shall constitute a “Capital Contribution” by the Contributor to the Operating Partnership as defined in Article I of the Operating Partnership Agreement (as defined) and is intended to be governed by Section 721(a) of the Code. (b) The Contributor and the Operating Partnership agree to the tax treatment described in Section 1.04(a1.05(a), and the Contributor and the Operating Partnership shall file their respective Tax Returns consistent with such treatment, unless otherwise required by applicable Law.