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3. That Article 7 of the Agreement and Cerzificate
of Limited Partnership shall be and hereby is amended to read
as follows:
"Wherever referenae is made in this agreement to
the allocation of any item of (i) profit or loss, (iil cash
flow, (iii) capital di'sitributions, (iv~ return or capital . .
contributions, or (v) any other distributions to the.Limited
- Partners as a ~lass, it shall be allocated amonq the members
of the class pro rata in accordance with their then respective
capital account. For the purposes hereof the capital account
of Edward A. Kimmel shall be deemed to be increased by the
sum of $50,000 over the amount which appears as his capital
contribution in Article "6(A)" hereof with the same force
and effect as though he had actually contributed an addi--
tional $50,000. Accordingly, the distributions called for (
in "(i)" through "(v)" of this Article "7" shall be in
the ratio of 4/7ths to Edward A. Kimmel. 2/7ths to Merrill
L. Bank and 1/7th to Julius D. Smolen.•
Neither Merrill L. Bank nor Julius D. Smalen ~
shall have any participation in cash flow for any period _
prior to the "Date" (as that term is defined in Para-
graph 7 (D) -(2) ta) . ~
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The parties hereto swear that the above~nen-
tioned filed Certificate and Agreement of Lintited Partner- _
ship of Rimco University Company, I.td.., as aznended by this
instrument, accurately sets fozth the terms of the agree~?ent
of li.iaited partnership of Kimco University Com~any, Ltd.
- IN WITNESS WHEREOF, the parties hereto have exe-
cuted this Agreement as of Auqust 2~, 1975
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General Partners: THE KIMCO RPOP.ATIO~,
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Limited Partners: ~
~ Edward A. mmel
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/ .K 1. t.a,:..-1, 4 C~~iti.l .
. ! Julius D. Smolen
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Merrill L. Bank '
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