UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q
[x] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the period ended September 30, 1996
------------------------------------------------------
OR
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES
EXCHANGE ACT OF 1934
For the transition period from ______________ to_____________
Commission file number 0-15460
---------
MCNEIL REAL ESTATE FUND XXVI, L.P.
- --------------------------------------------------------------------------------
(Exact name of registrant as specified in its charter)
California 33-0168395
- --------------------------------------------------------------------------------
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
13760 Noel Road, Suite 700, LB70, Dallas, Texas, 75240
- --------------------------------------------------------------------------------
(Address of principal executive offices) (Zip code)
Registrant's telephone number, including area code (972) 448-5800
-----------------------------
Indicate by check mark whether the registrant, (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months and (2) has been subject to such filing
requirements for the past 90 days. Yes X No
--- ---
<PAGE>
MCNEIL REAL ESTATE FUND XXVI, L.P.
PART I. FINANCIAL INFORMATION
ITEM 1. FINANCIAL STATEMENTS
- ------- --------------------
BALANCE SHEETS
(Unaudited)
<TABLE>
<CAPTION>
September 30, December 31,
1996 1995
---------------- ---------------
ASSETS
- -------
Real estate investments:
<S> <C> <C>
Land..................................................... $ 6,750,456 $ 9,189,092
Buildings and improvements............................... 53,709,446 56,695,050
-------------- -------------
60,459,902 65,884,142
Less: Accumulated depreciation and amortization......... (21,005,809) (21,255,141)
-------------- -------------
39,454,093 44,629,001
Asset held for sale......................................... 4,095,374 -
Cash and cash equivalents................................... 2,291,803 6,761,516
Cash segregated for security deposits....................... 225,145 202,396
Accounts receivable, net of allowance for doubtful
accounts of $582,765 and $596,156 at September 30, 1996
and December 31, 1995, respectively...................... 1,400,425 1,096,937
Prepaid commissions......................................... 357,900 379,444
Prepaid expenses and other assets........................... 635,616 716,091
Deferred borrowing costs, net of accumulated
amortization of $192,473 and $125,641 at Septem-
ber 30, 1996 and December 31, 1995, respectively......... 380,689 431,838
-------------- -------------
$ 48,841,045 $ 54,217,223
============== =============
LIABILITIES AND PARTNERS' EQUITY (DEFICIT)
- ------------------------------------------
Mortgage notes payable...................................... $ 21,904,787 $ 22,144,921
Mortgage note payable - affiliate........................... - 952,538
Accounts payable and accrued expenses....................... 241,783 358,856
Accrued property taxes...................................... 259,315 59,864
Payable to affiliates - General Partner..................... 62,944 2,983,409
Advances from affiliates - General Partner.................. - 168,330
Security deposits and deferred rental revenue............... 230,238 210,496
-------------- -------------
22,699,067 26,878,414
-------------- -------------
Partners' equity (deficit):
Limited Partners -90,000,000 Units authorized;
86,533,671 and 86,548,983 Units issued and
outstanding at September 30, 1996 and
December 31, 1995, respectively........................ 26,527,610 27,716,222
General Partner.......................................... (385,632) (377,413)
-------------- -------------
26,141,978 27,338,809
-------------- -------------
$ 48,841,045 $ 54,217,223
============== =============
</TABLE>
The financial information included herein has been prepared by management
without audit by independent public accountants.
See accompanying notes to financial statements.
<PAGE>
McNEIL REAL ESTATE FUND XXVI, L.P.
STATEMENTS OF OPERATIONS
(Unaudited)
<TABLE>
<CAPTION>
Three Months Ended Nine Months Ended
September 30, September 30,
--------------------------------- ---------------------------------
1996 1995 1996 1995
-------------- --------------- -------------- --------------
Revenue:
<S> <C> <C> <C> <C>
Rental revenue................ $ 2,201,332 $ 2,059,713 $ 6,584,975 $ 5,709,792
Interest...................... 29,933 25,509 150,172 66,891
Gain on legal settlement...... - - - 59,874
------------- ------------- ------------- ------------
Total revenue............... 2,231,265 2,085,222 6,735,147 5,836,557
------------- ------------- ------------- ------------
Expenses:
Interest...................... 441,012 327,998 1,327,994 793,193
Interest - affiliates......... - 30,622 16,090 90,851
Depreciation and
amortization................ 665,724 846,195 2,036,655 2,104,899
Property taxes................ 186,650 196,962 595,118 589,813
Personnel expenses............ 208,043 201,652 611,881 610,167
Utilities..................... 256,755 273,716 766,602 822,897
Repair and maintenance........ 222,765 223,662 738,678 677,257
Property management
fees - affiliates........... 121,639 113,899 373,088 318,600
Other property operating
expenses.................... 138,622 161,866 440,602 422,854
General and administrative.... 36,947 22,428 95,442 59,470
General and administrative -
affiliates.................. 179,744 184,564 554,863 569,226
Loss on demolition and
removal of assets........... - - - 1,247,940
------------- ------------- ------------- -------------
Total expenses.............. 2,457,901 2,583,564 7,557,013 8,307,167
------------- ------------- ------------- -------------
Net loss......................... $ (226,636) $ (498,342) $ (821,866) $ (2,470,610)
============= ============= ============= =============
Net loss allocable
to limited partners........... $ (224,370) $ (493,359) $ (813,647) $ (2,445,904)
Net loss allocable
to General Partner............ (2,266) (4,983) (8,219) (24,706)
------------- ------------- ------------- -------------
Net loss......................... $ (226,636) $ (498,342) $ (821,866) $ (2,470,610)
============= ============= ============= =============
Net loss per thousand
limited partnership unit...... $ (2.59) $ (5.70) $ (9.40) $ (28.26)
============= ============= ============= =============
Distributions per thousand
limited partnership unit...... $ 4.33 $ - $ 4.33 $ -
============= ============= ============= =============
</TABLE>
The financial information included herein has been prepared by management
without audit by independent public accountants.
See accompanying notes to financial statements.
<PAGE>
McNEIL REAL ESTATE FUND XXVI, L.P.
STATEMENTS OF PARTNERS' EQUITY (DEFICIT)
(Unaudited)
For the Nine Months Ended September 30, 1996 and 1995
<TABLE>
<CAPTION>
Total
Partners'
General Limited Equity
Partner Partners (Deficit)
--------------- --------------- ---------------
<S> <C> <C> <C>
Balance at December 31, 1994.............. $ (326,783) $ 32,728,638 $ 32,401,855
Net loss.................................. (24,706) (2,445,904) (2,470,610)
-------------- ------------- -------------
Balance at September 30, 1995............. $ (351,489) $ 30,282,734 $ 29,931,245
============= ============= =============
Balance at December 31, 1995.............. $ (377,413) $ 27,716,222 $ 27,338,809
Net loss.................................. (8,219) (813,647) (821,866)
Limited partner distribution.............. - (374,965) (374,965)
------------- ------------- -------------
Balance at September 30, 1996............. $ (385,632) $ 26,527,610 $ 26,141,978
============= ============= =============
</TABLE>
The financial information included herein has been prepared by management
without audit by independent public accountants.
See accompanying notes to financial statements.
<PAGE>
McNEIL REAL ESTATE FUND XXVI, L.P.
STATEMENTS OF CASH FLOWS
(Unaudited)
Increase (Decrease) in Cash and Cash Equivalents
<TABLE>
<CAPTION>
Nine Months Ended
September 30,
-----------------------------------------
1996 1995
----------------- ----------------
Cash flows from operating activities:
<S> <C> <C>
Cash received from tenants........................ $ 6,261,641 $ 5,392,120
Cash received from legal settlement............... - 59,874
Cash paid to suppliers............................ (2,807,695) (2,904,342)
Cash paid to affiliates........................... (3,848,416) (307,742)
Interest received................................. 150,172 66,891
Interest paid..................................... (1,168,527) (552,637)
Interest paid to affiliates....................... (53,903) (81,220)
Property taxes paid and escrowed.................. (332,027) (288,540)
--------------- --------------
Net cash provided by (used in) operating
activities........................................ (1,798,755) 1,384,404
--------------- --------------
Net cash used in investing activities:
Additions to real estate investments.............. (957,121) (8,231,176)
--------------- --------------
Cash flows from financing activities:
Principal payments on mortgage notes payable...... (240,134) (92,278)
Proceeds from mortgage notes financing............ - 6,890,027
Retirement of mortgage note - affiliate........... (952,538) -
Repayments of advances from affiliates -
General Partner................................. (130,517) -
Deferred borrowing costs paid..................... (15,683) -
Limited partner distribution...................... (374,965) -
--------------- --------------
Net cash provided by (used in) financing
activities........................................ (1,713,837) 6,797,749
--------------- --------------
Net increase (decrease) in cash and cash
equivalents....................................... (4,469,713) (49,023)
Cash and cash equivalents at beginning of
period............................................ 6,761,516 1,473,850
--------------- --------------
Cash and cash equivalents at end of period........... $ 2,291,803 $ 1,424,827
=============== ==============
</TABLE>
The financial information included herein has been prepared by management
without audit by independent public accountants.
See accompanying notes to financial statements.
<PAGE>
McNEIL REAL ESTATE FUND XXVI, L.P.
STATEMENTS OF CASH FLOWS
(Unaudited)
Reconciliation of Net Loss to Net Cash Provided by (Used In)
Operating Activities
<TABLE>
<CAPTION>
Nine Months Ended
September 30,
-----------------------------------------
1996 1995
----------------- -----------------
<S> <C> <C>
Net loss............................................. $ (821,866) $ 2,470,610)
--------------- ---------------
Adjustments to reconcile net loss to net cash
provided by (used in) operating activities:
Depreciation and amortization..................... 2,036,655 2,104,899
Amortization of deferred borrowing costs.......... 66,832 117,810
Allowance for doubtful accounts................... (13,391) (243,765)
Interest added to advances from affiliates -
General Partner................................. - 9,631
Loss on demolition and removal of assets.......... - 1,247,940
Changes in assets and liabilities:
Cash segregated for security deposits........... (22,749) 32,981
Accounts receivable............................. (290,097) (83,541)
Prepaid commissions............................. 21,544 16,427
Prepaid expenses and other assets............... 80,475 (278,038)
Accounts payable and accrued expenses........... (154,886) 98,213
Accrued property taxes.......................... 199,451 276,628
Payable to affiliates - General Partner......... (2,920,465) 580,084
Security deposits and deferred rental
revenue....................................... 19,742 (24,255)
--------------- --------------
Total adjustments............................. (976,889) 3,855,014
--------------- --------------
Net cash provided by (used in) operating
activities........................................ $ (1,798,755) $ 1,384,404
=============== ==============
</TABLE>
The financial information included herein has been prepared by management
without audit by independent public accountants.
See accompanying notes to financial statements.
<PAGE>
MCNEIL REAL ESTATE FUND XXVI, L.P.
Notes to Financial Statements
September 30, 1996
(Unaudited)
NOTE 1.
- -------
McNeil Real Estate Partners XXVI, L.P., (the "Partnership"), formerly known as
Southmark Equity Partners III, Ltd. was organized on March 4, 1985 as a limited
partnership under the provisions of the California Revised Limited Partnership
Act to acquire and operate residential and commercial properties. The General
Partner of the Partnership is McNeil Partners, L.P. (the "General Partner"), a
Delaware limited partnership, an affiliate of Robert A. McNeil ("McNeil"). The
principal place of business for the Partnership and the General Partner is 13760
Noel Road, Suite 700, LB70, Dallas, Texas 75240.
In the opinion of management, the financial statements reflect all adjustments
necessary for a fair presentation of the Partnership's financial position and
results of operations. All adjustments were of a normal recurring nature.
However, the results of operations for the nine months ended September 30, 1996
are not necessarily indicative of the results to be expected for the year ending
December 31, 1996.
NOTE 2.
- -------
The financial statements should be read in conjunction with the financial
statements contained in the Partnership's Report on Form 10-K for the year ended
December 31, 1995, and the notes thereto, as filed with the Securities and
Exchange Commission, which is available upon request by writing to McNeil Real
Estate Fund XXVI, L.P. c/o McNeil Real Estate Management, Inc., Investor
Services, 13760 Noel Road, Suite 700, LB70, Dallas, Texas 75240.
NOTE 3.
- -------
Certain reclassifications have been made to prior period amounts to conform to
the current presentation.
NOTE 4.
- -------
The Partnership pays property management fees equal to 5% of gross rental
receipts for its residential property and 6% of gross rental receipts for its
commercial properties to McNeil Real Estate Management, Inc., ("McREMI"), an
affiliate of the General Partner, for providing property management services for
the Partnership's residential and commercial properties and leasing services for
its residential property. McREMI may also choose to provide leasing services for
the Partnership's commercial properties, in which case McREMI will receive
property management fees from such commercial properties equal to 3% of the
property's gross rental receipts plus leasing commissions based on the
prevailing market rate for such services where the property is located.
The Partnership reimburses McREMI for its costs, including overhead, of
administering the Partnership's affairs.
<PAGE>
The Partnership is incurring an asset management fee which is payable to the
General Partner. Through 1999, the Asset Management Fee is calculated as 1% of
the Partnership's tangible asset value. Tangible asset value is determined by
using the greater of (i) an amount calculated by applying a capitalization rate
of 9% to the annualized net operating income of each property or (ii) a value of
$10,000 per apartment unit for residential property and $50 per gross square
foot for commercial property to arrive at the property tangible asset value. The
property tangible asset value is then added to the book value of all other
assets excluding intangible items. The fee percentage decreases subsequent to
1999.
The General Partner has, in its discretion, advanced funds to enable the
Partnership to meet its working capital requirements. These advances, which were
unsecured and due on demand, accrue interest at a rate equal to the prime
lending rate plus 1%.
The advances from affiliates at September 30, 1996 and December 31, 1995 consist
of the following:
<TABLE>
<CAPTION>
September 30, December 31,
1996 1995
---------------- ---------------
<S> <C> <C>
Advances from General Partner........................ $ - $ 130,518
Accrued interest payable............................. - 37,812
--------------- ---------------
$ - $ 168,330
=============== ===============
</TABLE>
In May 1996, the Partnership repaid all outstanding affiliate advances and the
related accrued interest.
In March 1993, the Partnership obtained a loan from McNeil Real Estate Fund
XXVII, L.P., an affiliate of the General Partner, which allows the Partnership
to borrow funds totaling $1,536,000. Of this amount available, $952,538 was
borrowed at December 31, 1995. The note was secured by Continental Plaza and
required monthly interest-only payments equal to the prime lending rate of Bank
of America plus 2 1/2% with the principal balance due March 1, 1996. On January
8, 1996 the Partnership repaid the mortgage loan.
<PAGE>
Compensation and reimbursements paid to or accrued for the benefit of the
General Partner and its affiliates are as follows:
<TABLE>
<CAPTION>
Nine Months Ended
September 30,
----------------------------------------
1996 1995
---------------- ----------------
<S> <C> <C>
Property management fees - affiliates................ $ 373,088 $ 318,600
Charged to interest - affiliates:
Interest on advances from affiliates - General
Partner......................................... 4,692 9,631
Interest on mortgage note payable - affiliate..... 11,398 81,220
Charged to general and administrative affiliates:
Partnership administration........................ 154,642 220,054
Asset management fee.............................. 400,221 349,172
--------------- ---------------
$ 944,041 $ 978,677
=============== ===============
</TABLE>
The total payable to affiliates - General Partner at September 30, 1996 and
December 31, 1995 consisted primarily of unpaid asset management fees, property
management fees and partnership general and administrative expenses and are due
and payable from current operations.
NOTE 5.
- -------
In 1996, the Partnership adopted the Financial Accounting Standards Board's
Statement of Financial Accounting Standards No. 121, "Accounting for the
Impairment of Long-Lived Assets and for Long-Lived Assets to be Disposed Of."
This statement requires the cessation of depreciation on assets held for sale.
Since Edison Ford Square is currently classified as an asset held for sale, no
depreciation was taken effective April 1, 1996.
NOTE 6.
- -------
The Partnership recognized a loss on the Northway Mall renovation of $1,247,940
in 1995. This loss is due to the demolition or removal of assets that were
previously capitalized.
ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND
- ------- ---------------------------------------------------------------
RESULTS OF OPERATIONS
---------------------
FINANCIAL CONDITION
- -------------------
The Partnership was formed to acquire, operate and ultimately dispose of a
portfolio of income-producing properties. At September 30, 1996, the Partnership
owned one apartment property, two office buildings and two shopping centers.
Three of the Partnership's properties are subject to mortgage notes.
<PAGE>
RESULTS OF OPERATIONS
- ---------------------
Revenue:
Total Partnership revenue was $2,231,265 and $6,735,147 for the three and nine
months ended September 30, 1996, respectively, as compared to $2,085,222 and
$5,836,557 for the three and nine months ended September 30, 1995, respectively.
Rental revenue for the three and nine months ended September 30, 1996 increased
by $141,619 or 7% and $875,183 or 15%, respectively, as compared to the same
periods of 1995. This increase is primarily due to the increased occupancy rate
at Northway Mall as a result of the recent capital improvements program.
Interest income increased $4,424 and $83,281 for the three and nine months ended
September 30, 1996, respectively, as compared to the same periods of 1995. The
increase is due to the higher cash balance maintained as a result of the
December 1995 Northway Mall mortgage refinancing.
The Partnership received cash and common and preferred stock in the reorganized
Southmark in settlement of its bankruptcy claims against Southmark. The
Partnership recognized a $59,874 gain in the second quarter of 1995 as a result
of this settlement.
Expenses:
Total expenses were $2,457,901 and $7,557,013 for the three and nine months
ended September 30, 1996, respectively, as compared to $2,583,564 and $8,307,167
for the three and nine months ended September 30, 1995, respectively. During
1995, the Partnership recognized a loss on the Northway Mall renovation of
$1,247,940 for the demolition and removal of assets previously capitalized.
Interest expense increased $113,014 and $534,801 for the three and nine months
ended September 30, 1996, respectively, as compared to the same periods of 1995
due to the December 1995 mortgage refinancing at Northway Mall.
Interest expense - affiliates decreased $30,622 and $74,761 for the three and
nine months ended September 30, 1996, respectively, as compared to the same
periods of 1995 due to the repayment of the loan from McNeil Real Estate Fund
XXVII, L.P. in January 1996, as well as the repayment of all advances from
affiliates in May 1996.
Repairs and maintenance increased $61,421 or 9% for nine months ended September
1996, as compared to the same period of 1995. The increase is primarily due to
an increase in repairs and maintenance expenses at Northway Mall that is
attributable to the increased occupancy, as well as the increased snow removal
expenses at the property due to the winter weather.
Property management fees - affiliates increased $7,740 or 7% and $54,488 or 17%
for the three and nine months ended September 30, 1996, respectively, as
compared to the same periods of 1995. The increased occupancy at Northway Mall
led to an increase in tenant receipts on which the management fee is based.
General and administrative expenses increased $35,972 for the nine months ended
September 30, 1996, as compared to the same period of 1995 due to increased
professional fees.
<PAGE>
LIQUIDITY AND CAPITAL RESOURCES
- -------------------------------
Cash flow used in operations was $1,798,755 for the nine months ended September
30, 1996 as compared to $1,384,404 provided for the same period of 1995. The
change in cash flow from operations is primarily due to an increase in cash paid
to affiliates. With the loan proceeds of the Northway Mall's financing, the
Partnership paid $3.8 million to affiliates including accrued asset management
fees and overhead reimbursements to McREMI. The increased occupancy at Northway
Mall led to an increase in tenant receipts. The increase in cash paid to
suppliers is primarily due to Northway Mall's renovations. The increase in
interest paid is due to the Northway Mall's new mortgage loan. Property taxes
paid and escrowed increased due to the refund of escrow overage in 1995.
Additions to real estate investments totaled $957,121 for the nine months ended
September 30, 1996 as compared to $8,231,176 for the same period of 1995.
Proceeds from mortgage notes financing totaled $6,890,027 for the nine months
ended September 30, 1995. The Partnership has undergone a major capital
improvement program at Northway Mall in 1995 which greatly enhanced the
property's performance. The funding for this program came from a construction
mortgage loan encumbering Northway Mall, as well as mortgage loans previously
obtained on Westwood Center and Continental Plaza. Permanent financing was
obtained in December 1995.
Total principal payments on mortgage notes payable were $240,134 for the nine
months ended September 30, 1996 as compared to $92,278 for the same period of
1995. With the loan proceeds of Northway Mall, the Partnership repaid a loan of
$952,538 from McNeil Real Estate Fund XXVII, L.P., and advances of $130,517 from
affiliates in the first half of 1996. The Partnership also paid additional
deferred borrowing costs of $15,683 relating to the Northway Mall's refinancing
in 1995 and distributed $374,965 to the limited partners.
Short-term liquidity:
The General Partner has established a revolving credit facility not to exceed
$5,000,000 in the aggregate which is available on a "first-come, first-served"
basis to the Partnership and other affiliated partnerships, if certain
conditions are met. Borrowing under the facility may be used to fund deferred
maintenance, refinancing obligations and working capital needs. There is no
assurance that the Partnership will receive any funds under the facility because
no amounts have been reserved for any particular partnership. As of September
30, 1996, $4,082,159 remained available for borrowing under the facility;
however, additional funds could be available as other partnerships repay
existing borrowings. This commitment will terminate on March 30, 1997.
Additionally, the General Partner has, in its discretion, advanced funds to the
Partnership in addition to the revolving credit facility. The General Partner is
not obligated to advance funds to the Partnership and there is no assurance that
the Partnership will receive additional funds.
The present cash balance plus cash to be provided by operating activities is
considered adequate to meet the Partnership's needs for debt service, normal
amounts of repairs and maintenance and capital improvements to preserve and
enhance the value of the properties. The Partnership has budgeted $1,941,000 for
necessary capital improvements for all properties in 1996.
<PAGE>
Long-term liquidity:
While the present outlook for Partnership's liquidity is favorable, market
conditions may change and property operations can deteriorate. In that event,
the Partnership would require other sources of working capital. No such other
sources have been identified, and the Partnership has no established lines of
credit. Other possible actions to resolve working capital deficiencies include
refinancing or renegotiating terms of existing loans, deferring major capital
expenditures on Partnership properties except where improvements are expected to
enhance the competitiveness or marketability of the properties, or arranging
working capital support from affiliates. No affiliate support has been required
in the past, and there is no assurance that support would be provided in the
future, since neither the General Partner nor any affiliates have any obligation
in this regard.
The partnership has determined to begin an orderly liquidation of all the
Partnership's assets. Although there can be no assurance as to the timing of any
liquidation it is anticipated that such liquidation would result in
distributions to the limited partners of the cash proceeds from the sale of the
Partnership's properties, subject to cash reserve requirements, as they are sold
with the last property disposition before December 2001 followed by a
dissolution of the Partnership. In this regard, the Partnership has placed
Edison Ford Square on the market for sale.
The mortgage notes payable on Amargosa Creek Apartments and Westwood Center
mature in 1998 and the Partnership expects to refinance these notes at that
time.
Distributions:
During the third quarter of 1996, the Partnership distributed $374,965 to the
limited partners.
PART II. OTHER INFORMATION
ITEM 1. LEGAL PROCEEDINGS
- ------- -----------------
HCW Pension Real Estate Fund, Ltd. et al. v. Ernst & Young, BDO Seidman et al.
(Case #92-06560-A). This suit was filed on behalf of the Partnership and other
affiliated partnerships (the "Affiliated Partnerships") on May 26, 1992, in the
14th Judicial District Court of Dallas County. The petition sought recovery
against the Partnership's former auditors, Ernst & Young, for negligence and
fraud in failing to detect and/or report overcharges of fees/expenses by
Southmark Corporation ("Southmark"), the former general partner. The former
auditors initially asserted counterclaims against the Affiliated Partnerships
based on alleged fraudulent misrepresentations made to the auditors by the
former management of the Affiliated Partnerships (Southmark) in the form of
client representation letters executed and delivered to the auditors by
Southmark management. The counterclaims sought recovery of attorneys' fees and
costs incurred in defending this action. The counterclaims were later dismissed
on appeal, as discussed below.
<PAGE>
The trial court granted summary judgment against the Partnership based on the
statute of limitations; however, on appeal, the Dallas Court of Appeals reversed
the trial court and remanded for trial the Affiliated Partnerships' fraud claims
against Ernst & Young. The Texas Supreme Court denied Ernst & Young's
application for writ of error on January 11, 1996. The Partnership is continuing
to pursue vigorously its claims against Ernst & Young. Trial is anticipated to
be set for early December 1996; however, the final outcome of this litigation
cannot be determined at this time.
ITEM 5. OTHER INFORMATION
On September 20, 1996, High River announced that it had commenced a tender offer
for any and all units of the Partnership at $0.092 per unit (the original offer
price of $0.096 was reduced by the August 1996 distributions to unitholders of
$0.004 per unit). The tender was originally due to expire October 18, 1996,
however, this offer has been extended until November 22, 1996.
ITEM 6. EXHIBITS AND REPORTS ON FORM 8-K
- ------- --------------------------------
(a) Exhibits.
Exhibit
Number Description
4. Amended and Restated Limited Partnership
Agreement dated March 30, 1992.
(Incorporated by reference to Current
Report of the Registrant on Form 8-K dated
March 30, 1992, as filed on April 10,
1992).
4.1 Amendment No. 1 to the Amended and
Restated Limited Partnership Agreement of
McNeil Real Estate Fund XXVI, L.P. dated
June 1995.
11. Statement regarding computation of Net Loss
per Thousand Limited Partnership Units: Net
loss per thousand limited partnership units
is computed by dividing net loss allocated
to the limited partners by the weighted
average number of limited partnership units
outstanding expressed in thousands. Per unit
information has been computed based on
86,534 and 86,549 limited partnership units
(in thousands) outstanding in 1996 and 1995,
respectively.
27. Financial Data Schedule for the quarter
ended September 30, 1996.
(b) Reports on Form 8-K. There were no reports on Form 8-K filed during
the quarter ended September 30, 1996.
<PAGE>
MCNEIL REAL ESTATE FUND XXVI, L.P.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized:
McNEIL REAL ESTATE FUND XXVI, L.P.
By: McNeil Partners, L.P., General Partner
By: McNeil Investors, Inc., General Partner
November 14, 1996 By: /s/ Donald K. Reed
- ----------------- ----------------------------------------
Date Donald K. Reed
President and Chief Executive Officer
November 14, 1996 By: /s/ Ron K. Taylor
- ----------------- ----------------------------------------
Date Ron K. Taylor
Acting Chief Financial Officer of
McNeil Investors, Inc.
November 14, 1996 By: /s/ Carol A. Fahs
- ----------------- ----------------------------------------
Date Carol A. Fahs
Chief Accounting Officer of McNeil
Real Estate Management, Inc.
<TABLE> <S> <C>
<ARTICLE> 5
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> DEC-31-1996
<PERIOD-END> SEP-30-1996
<CASH> 2,291,803
<SECURITIES> 0
<RECEIVABLES> 1,983,190
<ALLOWANCES> (582,765)
<INVENTORY> 0
<CURRENT-ASSETS> 0
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0
0
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</TABLE>
