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HomeMy WebLinkAbout0945 Section 8. Payment, Assess~~ants_ At least thirty (30) days in advance of the date or ti~~ ; ! when any Additional Contributions of capital are required } to be paid in by the Me~r.bers as set forth in Section 5(B), the General Partner shall mail reminder notices ~o the t~lenbers. ~ ! Section 9. Loans by General Partner ~ ~ The General Partner may, if necessary or desirable in the ~udgment of the General Partner, make advances for ex- penditures. Such advances shall not be deemed capital Contributions to the Limited Partnership but a debt due from the i,irr.ited Partnership to the General Partner, who shall be repaid. Any such loans made by the General Partner shall receive a repayment priority over other distributions to Nembers. Section 10. Funds Available for Distribution , ~ A. Tne term "Funds Available for Distribution", as ! used her~in, shall mean all funds ar~sing or realized from a11 sources ?ncluding the following sources, after deducting any pay~ents u,ade to reduce the liabilities of the Limited ' Partnersnip, including the principal of any mortgage on the ~ Real Prop~rt;~ : 1. F'u.r.ds arising from profits earned by the Limited Partnership on the Real Property, as computed in accordance ; ; t~?ith ~enerzlly accepted accounting principles.but without ~ f ' taking deduction for depreciation, depletion or amortization, ! ~ ~ if any. f t ~ 2. Funds resulting from the proceeds of the sale or con- : ; ~ demnation of any p2rt or all of the assets of the Limited ~ c Partnership. € f 3. Funds resulting from the placement or refinancir.g ; e a ~ of any mortgage loan on the Real Property or the encumbrancin~ i of the assets of the Limited Partnership in any manner. ' Any addit~onal funds deemed av2ilable for distrib- ~ = ution by the General Partr.°r to the extznt permitted b;~ ~ ; aFplicable law. ~ s B. Funds ~va~la~le ~'cr ~`s:ribation shall be reduced t t ; 4 ~ i ~v~ ' : a~ ~1~ ~ 9~5 ~ 3 . . . _ . . " . _ . _ ~ rx ~ „ - _ _ . . r . . . . _ . ~-Y3'