Affected Gain definition

Affected Gain has the meaning set forth in subparagraph 4(b) of Exhibit B.

Affected Gain shall have the meaning set forth in Section 4.4(b).

Affected Gain has the meaning set forth in Section 5.01(f)(ii).

Examples of Affected Gain in a sentence

• Subject to subparagraph 4(c) below, if any portion of gain from the sale of Partnership assets is treated as gain which is ordinary income by virtue of the application of Sections 1245 or 1250 of the Code or is gain described in Section 1(h)(1)(D) of the Code (“Affected Gain”), then such Affected Gain shall be allocated among the Partners in the same proportion that the depreciation and amortization deductions giving rise to the Affected Gain were allocated.

• Subject to Section 5.1(i)(iii) below, if any portion of gain from the sale of Partnership assets is treated as gain which is ordinary income by virtue of the application of Sections 1245 or 1250 of the Code (“Affected Gain”), then such Affected Gain shall be allocated among the Partners in the same proportion that the depreciation and amortization deductions giving rise to the Affected Gain were allocated.

• Subject to Section 5.01(f)(iii) below, if any portion of gain from the sale of Partnership assets is treated as gain which is ordinary income by virtue of the application of Sections 1245 or 1250 of the Code (“Affected Gain”), then such Affected Gain shall, to the extent possible, be allocated among the Partners in the same proportion that the depreciation and amortization deductions giving rise to the Affected Gain were allocated.

• Subject to Section 5.01(f)(iii) below, if any portion of gain from the sale of Partnership assets is treated as gain which is ordinary income by virtue of the application of Sections 1245 or 1250 of the Code (“ Affected Gain ”), then such Affected Gain shall be allocated among the Partners in the same proportion that the depreciation and amortization deductions giving rise to the Affected Gain were allocated.

• Grand SK agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.

More Definitions of Affected Gain

Affected Gain shall have the meaning provided in Section 7.4.E.

Affected Gain has the meaning set forth in Section 10.3(c).

Affected Gain has the meaning set forth in Section 5.1(i)(ii) hereof.

Affected Gain is defined in the Allocations Exhibit.

Affected Gain has the meaning set forth in subparagraph 4(b) of Exhibit B. “Affiliate” means,

Affected Gain has the meaning set forth in Section 5.01(f)(ii). “Affiliate” means, (a) any Person that, directly or indirectly, controls or is controlled by or is under common control with such Person, (b) any other Person that owns, beneficially, directly or indirectly, 10% or more of the outstanding capital stock, shares or equity interests of such Person, or (c) any officer, director, employee, partner, member, manager or trustee of such Person or any Person controlling, controlled by or under common control with such Person (excluding trustees and Persons serving in similar capacities who are not otherwise an Affiliate of such Person). For the purposes of this definition, “control” (including the correlative meanings of the terms “controlled by” and “under common control with”), as used with respect to any Person, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, through the ownership of voting securities or partnership interests or otherwise. “Aggregate Share Ownership Limit” has the meaning set forth in the Charter. “Agreed Value” means the fair market value of a Partner’s non-cash Capital Contribution as of the date of contribution as agreed to by such Partner and the General Partner. The names and addresses of the Partners, number of Partnership Units issued to each Partner, and the Agreed Value of non-cash Capital Contributions as of the date of contribution are set forth on Exhibit A, as it may be amended or restated from time to time. “Agreement” means this Second Amended and Restated Agreement of Limited Partnership, as it may be amended, supplemented or restated from time to time. “ARCA III Limited Partner” means American Realty Capital Advisors III, LLC, its successors and assigns. “ARCA IV Limited Partner” means American Realty Capital Advisors IV, LLC, its successors and assigns. “AREP Limited Partner” means ARC Real Estate Partners, LLC, its successors and assigns. “Available Cash” means, with respect to the applicable period of measurement (i.e., any period (other than the first period in which this calculation of Available Cash is being made) beginning on the first day of the fiscal year, quarter or other period commencing immediately after the last day of the fiscal year, quarter or other applicable period for purposes of the prior calculation of Available Cash for or with respect to which a distribution has been made, and ending on the last day of the fisca...

Affected Gain is defined in SECTION 4.2.