Common use of Withholding Taxes and Fees Clause in Contracts

Withholding Taxes and Fees. The Partnership shall withhold taxes and -------------------------- similar governmental fees from distributions to, and allocations among, the Partners to the extent required by law (as determined by the General Partner in its sole discretion). Any amount so withheld by the Partnership with regard to a Partner shall be treated for purposes of this Agreement as an amount actually distributed to such Partner. An amount shall be considered withheld by the Partnership if remitted to a governmental agency without regard to whether such remittance occurs at the same time as the distribution or allocation to which it relates. To the extent operation of the foregoing provisions of this Section 4.4 would create or increase a deficit balance in a Limited Partner's Capital Account (excluding for this purpose any portion of such deficit attributable to the Partner's share of the Partnership's Minimum Gain as determined under Treasury Regulation Section 1.704-2), the amount of the deemed distribution shall instead be treated as a distribution received in violation of this Agreement and subject to the provisions of Section 3.6.

Appears in 2 contracts

Samples: Agreement (Hollywood Park Inc/New/), Partnership Agreement (Hollywood Park Fall Operating Co)

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Withholding Taxes and Fees. The Partnership shall withhold taxes and -------------------------- similar governmental fees from distributions to, and allocations among, the Partners to the extent required by law (as determined by the General Partner in its sole discretion). Any amount so withheld by the Partnership with regard to a Partner shall be treated for purposes of this Agreement as an in amount actually distributed to such Partner. An amount shall be considered withheld by the Partnership if remitted to a governmental agency without regard to whether such remittance occurs at the same time as the distribution or allocation to which it relates. To the extent operation of the foregoing provisions of this Section 4.4 would create or increase a deficit balance in a Limited Partner's Capital Account (excluding for this purpose any portion of such deficit attributable to the Partner's share of the Partnership's Minimum Gain as determined under Treasury Regulation Section 1.704-2), the amount of the deemed distribution shall instead be treated as a distribution received in violation of this Agreement and subject to the provisions of Section 3.6.

Appears in 1 contract

Samples: Partnership Agreement (Switzerland County Development Corp)

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Withholding Taxes and Fees. The Partnership shall withhold taxes and -------------------------- similar governmental fees from distributions to, to and allocations among, the Partners to the extent required by law (as determined by the General Partner in its sole discretion). Any amount so withheld by the Partnership with regard to a Partner shall be treated for purposes of this Agreement as an amount actually distributed to such Partner. An amount shall be considered withheld by the Partnership if remitted to a governmental agency without regard to whether such remittance occurs at the same time as the distribution or allocation to which it relates. To the extent operation of the foregoing provisions of this Section 4.4 would create or increase a deficit balance in a Limited Partner's ’s Capital Account (excluding for this purpose any portion of such deficit attributable to the Partner's ’s share of the Partnership's ’s Minimum Gain as determined under Treasury Regulation Section 1.704-2), the amount of the deemed distribution shall instead be treated as a distribution received in violation of this Agreement and subject to the provisions of Section 3.6.

Appears in 1 contract

Samples: Partnership Agreement (St Louis Casino Corp)

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