Common use of Accounting and Fiscal Year Clause in Contracts

Accounting and Fiscal Year. Subject to Section 448 of the Code, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management Committee. The Fiscal Year of the Company shall be the calendar year.

Appears in 14 contracts

Samples: Operating Agreement, Limited Liability Company Agreement, Operating Agreement

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Accounting and Fiscal Year. Subject to Section 448 of the Code, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeManaging Member. The Fiscal Year fiscal year of the Company (the “Fiscal Year”) shall be the calendar year, or, in the case of the first and last Fiscal Years of the Company, the fraction thereof commencing on the date of this Agreement or ending on the date on which the winding-up of the Company is completed, as the case may be, unless otherwise determined by the Managing Member and permitted under the Code.

Appears in 4 contracts

Samples: Operating Agreement (Biote Corp.), Letter Agreement (FTAC Athena Acquisition Corp.), Limited Liability Company Agreement (OppFi Inc.)

Accounting and Fiscal Year. Subject to Section 448 of the Code, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeBoard of Managers. The Fiscal Year fiscal year of the Company (the “Fiscal Year”) shall be the calendar year, or, in the case of the first and last Fiscal Years of the Company, the fraction thereof commencing on the Closing Date or ending on the date on which the winding-up of the Company is completed, as the case may be, unless otherwise determined by the Board of Managers and permitted under the Code.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Amicus Therapeutics, Inc.), Limited Liability Company Agreement (ARYA Sciences Acquisition Corp IV), Joinder Agreement (Digital Media Solutions, Inc.)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeManaging Member. The Fiscal Year fiscal year of the Company (the “Fiscal Year”) shall be the calendar year, or, in the case of the first and last Fiscal Years of the Company, the fraction thereof commencing on the date of this Agreement or ending on the date on which the winding-up of the Company is completed, as the case may be, unless otherwise determined by the Managing Member and permitted under the Code.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Genesis Healthcare, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.), Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeManaging Members. The Fiscal Year fiscal year of the Company shall be end on December 31 of each year, or on such other date permitted under the calendar yearCode as the Managing Members shall determine.

Appears in 2 contracts

Samples: Limited Liability (Diana Corp), Limited Liability Company Agreement (Streamlogic Corp)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeInvestment Manager. The fiscal year (the "Fiscal Year Year") of the Company shall be the calendar year.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Commonwealth Energy Corp), Limited Liability Company Agreement (Commonwealth Energy Corp)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeTax Matters Partner. The Fiscal Year fiscal year of the Company shall be end on December 31 of each year, or on such other date permitted under the calendar yearCode as the Management Board shall determine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Listerhill Total Maintenance Center LLC), Limited Liability Company Agreement (Wise Metals Group LLC)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeBoard of Managers. The Fiscal Year fiscal year of the Company shall be end on December 31 of each year, or on such other date permitted under the calendar yearCode as the Board of Managers shall determine.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Coinstar Inc)

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Accounting and Fiscal Year. Subject to Section 448 of the Code, the books of the Company shall be kept on such method of accounting for tax purposes as determined by the Board, and for financial reporting purposes as may be determined by the Management Committeein accordance with generally accepted accounting principles. The Fiscal Year fiscal year of the Company shall be the calendar year.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Aladdin Gaming Holding LLC)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management CommitteeBoard. The Fiscal Year fiscal year of the Company for tax and accounting purposes (the “Fiscal Year”) shall be the calendar yearyear or on such other date as permitted or required under the Code as the Board shall determine.

Appears in 1 contract

Samples: Limited Liability Company Agreement (BridgeBio Pharma LLC)

Accounting and Fiscal Year. Subject to Code Section 448 of the Code448, the books of the Company shall be kept on such the accrual method of accounting for tax and financial reporting purposes as may be determined by the Management Committeepurposes. The Fiscal Year fiscal year of the Company for tax and accounting purposes (the “Fiscal Year”) shall be the calendar yearyear or on such other date as permitted or required under the Code as the Board shall determine.

Appears in 1 contract

Samples: Joint Venture and Operating Agreement (Rentech Inc /Co/)

Accounting and Fiscal Year. Subject to Section 448 of the Code, the books of the Company and the Project Owner shall be kept on such method of accounting for tax and financial reporting purposes as may be determined by the Management Committee. The Fiscal Year of the Company and the Project Owner shall be the calendar year.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Paladin Realty Income Properties Inc)

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