Adjustment of Allocations. In the event the allocations set forth ------------------------- above are disallowed by the Internal Revenue Service, such allocations shall be deemed to be amended to the minimum extent necessary to conform with section 704 of the Code, while preserving the intent of the foregoing allocations to the maximum possible extent and by making such adjustments to the allocations as are necessary to allow distributions to be made in accordance with Section 5.2.
Appears in 2 contracts
Samples: Operating Agreement (Zhone Technologies Inc), Operating Agreement (Zhone Technologies Inc)
Adjustment of Allocations. In the event the allocations set forth ------------------------- above are disallowed by the Internal Revenue Service, such allocations shall be deemed to be amended to the minimum extent necessary to conform with section 704 of the Code, while preserving the intent of the foregoing allocations to the maximum possible extent and by making such adjustments to the allocations as are necessary to allow distributions to be made in accordance with Section 5.2.
Appears in 2 contracts
Samples: Operating Agreement (Zhone Technologies Inc), Operating Agreement (Zhone Technologies Inc)