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ARTICLE 4 <br />PROFITS, ALLOCATIONS, AND CASH FLOW <br />4.01 Profits and Losses. The Partnership's "net profits" and "net losses," computed in <br />accordance with the provisions of Exhibit B attached hereto and incorporated herein, shall be, <br />subject to the provisions of such Exhibit, allocated among, or borne by, the Partners in <br />proportion to the Partnership Units owned by each of them, from time to time. <br />4.02 Cash Flow. The cash flow of the Partnership shall be the net profits and losses of <br />the Partnership, computed as provided in Exhibit B attached hereto, plus depreciation and other <br />noncash charges deducted in determining such profits and losses, minus principal payments on <br />all loans, and any other cash expenditures which have not been deducted in determining the net <br />profits and losses of the Partnership, and minus the amount reasonably determined by the <br />General Partner to be necessary to maintain for the Partnership sufficient working capital and a <br />reasonable reserve for repairs and /or replacements. The cash flow of the Partnership shall be <br />determined separately for each fiscal year and not cumulatively. <br />ARTICLE 5 <br />DISTRIBUTIONS <br />5.01 Distribu #ions. The General Partner shall determine when distributions shall be <br />made and the amount of the distributions, subject only to his fiduciary duties to the Partnership <br />and other Partners and the other provisions of this Article. <br />5.02 Minimum Distributions. Notwithstanding, the General Partner shall distribute as <br />follows: <br />(i) An amount equal to the aggregate amount of federal, state and local <br />income taxes payable by the Partners with respect to the taxable income of <br />the Partnership (excluding for this purpose any gains, losses, deductions or <br />income attributable to marketable securities contributed by a Partner), <br />assuming, for purposes of determining the amount of such distribution, <br />that each Partner will be taxed on the net amount set forth in its respective <br />K -1 at the highest marginal individual federal income tax rate for such <br />year, and at the highest marginal individual state and local income tax <br />rates applicable to any Partner for each such taxable year; and <br />(ii) such distributions shall be ' payable at such time or times and in such <br />amounts as will enable the Partners to avoid penalties and interest <br />otherwise payable on account of the failure to pay a sufficient amount of <br />estimated taxes as required by law, which distributions shall be made at <br />such time or times as may be determined by the General Partner. <br />5.03 Other Distributions. Any further distributions shall be made pro rata among the <br />Partners, but solely in the discretion of the General Partner. <br />