Precontribution Gain definition

Precontribution Gain has the meaning set forth in subparagraph 4(c) of Exhibit B.

Precontribution Gain has the meaning set forth in Section 5.01(f)(iii).

Precontribution Gain shall have the meaning set forth in Exhibit B.

Examples of Precontribution Gain in a sentence

• The intent of this subparagraph 4(c) is that each Partner who contributed to the capital of the Partnership a Contributed Property will bear, through reduced allocations of depreciation, increased allocations of gain or other items, the tax detriments associated with any Precontribution Gain.

• The intent of this subparagraph 3(c) is that each Partner who contributed to the capital of the Partnership a Contributed Property will bear, through reduced allocations of depreciation, increased allocations of gain or other items, the tax detriments associated with any Precontribution Gain.

• The intent of this Section 5.01(f)(iii) is that each Partner who contributed to the capital of the Partnership a Contributed Property will bear, through reduced allocations of depreciation, increased allocations of gain or other items, the tax detriments associated with any Precontribution Gain.

• The Net Precontribution Gain means the net gain (if any) which would have been recognized by the distributee member under Section 704(c)(1)(B) of the Code if all property which (A) had been contributed to the Company within seven years of the distribution, and (B) is held by the Company immediately before the distribution, had been distributed by the Company to another member.

• If any portion of the property distributed consists of property which had been contributed by the distributee member to the Company, then such property shall not be taken into account under this Article and shall not be taken into account in determining the amount of the Net Precontribution Gain.

More Definitions of Precontribution Gain

Precontribution Gain has the meaning set forth in Section 3(c) of Appendix II.

Precontribution Gain has the meaning set forth in subparagraph 3(c) of Exhibit A.

Precontribution Gain means, with respect to each Shopping Center Project owned by an existing Property Partnership, that unrealized gain attributable to the excess of (a) the fair market value of such Shopping Center Project on April 15, 1993, over (b) the adjusted tax basis of such Shopping Center Project on such date; provided, however, that the amount of any Precontribution Gain associated with a Shopping Center Project shall be adjusted to account for allocations made in accordance with the provisions of Section 3(c) of this Exhibit C and shall not, in any event, exceed that amount of gain actually allocated to the Partnership by the Property Partnership as a result of the sale or other disposition of such Shopping Center Project.

Precontribution Gain means with respect to any Acceptable Security which a Shareholder contributes to the Fund, (i) the excess of the Exchange Value of such Acceptable Security over its tax basis in the hands of the Fund immediately after such contribution on the date of contribution or, if less, (ii) the excess of the amount realized on a sale or other taxable disposition of such Acceptable Security by the Fund, the Company or the Portfolio over its tax basis.

Precontribution Gain means with respect to any Acceptable Security that a Shareholder contributes to the Fund, (i) the excess of the Exchange Value of such Acceptable Security over its tax basis in the hands of the Fund immediately after such contribution on the date of contribution or, if less, (ii) the excess of the amount realized on a sale or other taxable disposition of such Acceptable Security by the Fund, the Company or the Portfolio over its tax basis.

Precontribution Gain has the meaning set forth in Section 5.1(i)(iii) hereof.

Precontribution Gain has the meaning set forth in Section 5.01(f)(iii). “Preferred Units” means the Series C Preferred Units, Series D Preferred Units, Series E Preferred Units, Series F Preferred Units and any other series of Preferred Units that may be established after the date hereof. “Property” means any property or other investment in which the Partnership, directly or indirectly, holds an ownership interest. “Redemption Shares” has the meaning set forth in Section 8.05(a) hereof. “Redeeming Limited Partner” has the meaning provided in Section 8.04(a). “Registration Statement” has the meaning set forth in Section 8.05(a). “Regulations” means the Federal Income Tax Regulations issued under the Code, as amended and as hereafter amended from time to time. Reference to any particular provision of the Regulations shall mean that provision of the Regulations on the date hereof and any successor provision of the Regulations. “REIT” means a real estate investment trust under Sections 856 through 860 of the Code. “REIT Expenses” means (a) costs and expenses relating to the formation and continuity of existence and operation of the General Partner and any Subsidiaries thereof (which Subsidiaries shall, for purposes hereof, be included within the definition of the General Partner), including taxes, fees and assessments associated therewith, any and all costs, expenses or fees payable to any director, officer or employee of the General Partner, and reasonable expenses incurred to maintain the General Partner’s qualification as a REIT, (b) costs and expenses relating to any public offering and registration, or private offering, of securities by the General Partner, and all statements, reports, fees and expenses incidental thereto, including, without limitation, underwriting discounts and selling commissions applicable to any such offering of securities, and any costs and expenses associated with any claims made by any holders of such securities or any underwriters or placement agents thereof, (c) costs and expenses associated with any repurchase of any securities by the General Partner, (d) costs and expenses associated with the preparation and filing of any periodic or other reports and communications by the General Partner under federal, state or local laws or regulations, including filings with the Commission, (e) costs and expenses associated with compliance by the General Partner with laws, rules and regulations promulgated by any regulatory body, including the Commission and an...