1.96 "Nonrecourse Deductions" has the meaning set forth in Regulations
1.97 "Nonrecourse Liability" has the meaning set forth in Regulations
1.98 "Non-Recognition Transaction" means an exchange to which Code Section
351 applies or a transaction which qualifies as a "reorganization" under Code
Section 368(a), as described in Sections 2.1(a) and 2.1(b) of the CII Exchange
1.99 "Notice" has the meaning set forth in Section 7.3.1 of this Agreement.
1.100 "Offered Interest" has the meaning set forth in Section 7.3.1 of this
1.101 "Percentage Interest" means, with respect to each Common Member as of
any date, the percentage equal to the number of Common Units then held by such
Common Member divided by the total number of Common Units then held by all
1.102 "Person" means any individual, general partnership, limited
partnership, limited liability company, limited liability partnership,
corporation, trust, estate, real estate investment trust, association, or other
1.103 "Properly Allocated" has the meaning set forth in Section 7.3.4 of
1.104 "Property" means all real and personal property acquired by the
Company and any improvements thereto, and shall include both tangible and
1.105 "Proposed Transferee" has the meaning set forth in Section 7.3.1 of
1.106 "PublicCo" has the meaning set forth in the recitals to this
1.107 "Regulations" means the regulations currently in force from time to
time as final or temporary that have been issued by the U.S. Department of the
Treasury pursuant to its authority under the Code. If a word or phrase is
defined in this Agreement by cross-referencing the Regulations, then to the
extent the context of this Agreement and the Regulations require, the term
"Member" shall be substituted in the Regulations for the term "partner", the
term "Company" shall be substituted in the Regulations for the term
"partnership", and other similar conforming changes shall be deemed to have been
made for purposes of applying the Regulations.
1.108 "Regulatory Allocations" has the meaning set forth in Section 6.5.1.
1.109 "Remedial Method" means the "remedial allocation method" described in
Regulations Section 1.704-3(d).