the effect of the Regulatory Allocations. (h) Tax Allocations under Section 704(c) of the Code. In accordance with Section 704(c) of the Code and the Treasury Regulations thereunder, income, gain, loss and deduction with respect to any property contributed to the capital of the Company shall be allocated among the Mem

The Fund shall maintain a separate Capital Account for each Partner pursuant to the principles of Section 704(b) and Section 704(c) of the Code and the Treasury Regulations promulgated thereunder. Each Capital Account shall be credited or debited by the amounts allocated to such Capital Account under Section 5.08. The

7(a). see also IRM 3.22.3.6(1). NOTE: these geographical areas are referred to as possessions in the Internal Revenue Code, including in IRC 937 and the Treasury Regulations promulgated thereunder. United States: The 50 States and the District of Columbia, but generally not the U.S. territories. See Treas. Reg. 1.937-1(a

The Fund shall maintain a separate Capital Account for each Partner pursuant to the principles of Section 704(b) and Section 704(c) of the Code and the Treasury Regulations promulgated thereunder. Each Capital Account shall be credited or debited by the amounts allocated to such Capital Account under Section 5.08. The

The Fund shall maintain a separate Capital Account for each Partner pursuant to the principles of Section 704(b) and Section 704(c) of the Code and the Treasury Regulations promulgated thereunder. Each Capital Account shall be credited or debited by the amounts allocated to such Capital Account under Section 5.08. The

twithstanding the foregoing, solely for Federal, state and local income tax purposes, in accordance with Sections 704(b) and 704(c) of the Code and the Treasury Regulations promulgated thereunder, income, gain, loss and deduction with respect to property contributed to the Partnership by a Partner shall be allocated am

port any A Exchange consummated hereunder, as a tax-free contribution of AOG Units pursuant to Section 721 of the Code. As required by the Code and the Treasury Regulations, the parties shall report (a) any B Exchange consummated hereunder as a taxable sale to APO Corp. and APO FC, as applicable, of AOG Units by an Apol

twithstanding the foregoing, solely for Federal, state and local income tax purposes, in accordance with Sections 704(b) and 704(c) of the Code and the Treasury Regulations promulgated thereunder, income, gain, loss and deduction with respect to property contributed to the Partnership by a Partner shall be allocated am

twithstanding the foregoing, solely for Federal, state and local income tax purposes, in accordance with Sections 704(b) and 704(c) of the Code and the Treasury Regulations promulgated thereunder, income, gain, loss and deduction with respect to property contributed to the Partnership by a Partner shall be allocated am

twithstanding the foregoing, solely for Federal, state and local income tax purposes, in accordance with Sections 704(b) and 704(c) of the Code and the Treasury Regulations promulgated thereunder, income, gain, loss and deduction with respect to property contributed to the Company by a Member shall be allocated among t

nd loss in our operating partnership and its partnership subsidiaries are intended to comply with the requirements of Section 704(b) of the Code and the Treasury Regulations promulgated thereunder. Tax Allocations Walt Respect to Contributed Properties. In general, when property is contributed to a partnership in excha

by the Fund shall be allocated among the Partners for U.S. federal, state and local income tax purposes, to the extent permitted under the Code and the Treasury Regulations, in a manner that as closely as possible gives economic effect to the provisions of Article VI and the other relevant provisions of this Agreement,

ppropriate documentation (generally an IRS Form W-8EC1). Additional Withholding Requirements Pursuant to Sections 1471 through 1472 of the Code and the Treasury Regulations promulgated thereunder ("FATCA"), we may be required to withhold U.S. tax at the rate of 30% on payments of interest and, beginning on January I, 2

ns provided for in this Agreement do not comply with the substantial economic effect and capital account rules set forth under Code Section 704 and the Treasury Regulations thereunder or otherwise properly reflect the economic interests of the Members, the Managing Member shall make such modifications to the allocation

ry income. Furthermore, a 3.8% Medicare contribution tax will be imposed on the "net investment income" (as defined in Section 1411 of the Code and the Treasury Regulations thereunder) of individuals whose income exceeds certain threshold amounts and of certain trusts and estates under similar rules. Investors are advis

respect to each Member as provided in Section 1.10. (c) The provisions of this Agreement are intended to comply with Section 7O4(b) of the Code and the Treasury Regulations promulgated thereunder and shall be interpreted and applied in a manner consistent with such Section and such Treasury Regulations. ER305378-MAXWEL