FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OFPartnership Agreement • November 5th, 2010 • CBL & Associates Properties Inc • Real estate investment trusts • New York
such Extraordinary Return of Capital Distributions exceed the aggregate of the Excess Allocations made to such Partners. For this purpose, “Excess Allocations” mean the excess of the Tax Net Capital Gain allocated under Subsection 3(a) to holders of SCUs or S-SCUs and holders of Common Units received on a conversion or redemption of SCUs and S-SCUs in connection with allocations of Net Capital Gain under Subsection 1(c) over the Special Tax Distribution made to such Partners. A distribution shall be treated as an Extraordinary Return of Capital Distribution to the extent that such distribution is reasonably attributable to (x) Net Financing Proceeds or (y) proceeds allocable to a transaction generating Net Capital Gain allocated pursuant to Subsection 1(c); in either case limited to the excess of the Tax Net Capital Gain allocated under Subsection 3(a) to holders of SCUs or S-SCUs and holders of Common Units received on a conversion or redemption of SCUs or S-SCUs in connection with al
