Adjustments to Capital Account. The amount determined in Section 8.12(a) of this Agreement shall then be adjusted up or down to reflect the Transferring Member’s proportionate share of the difference between the fair market value of the Company’s real property, stocks, securities and equity interests in other entities, if any, and the book value of such Company property on the Valuation Date. If the parties cannot agree regarding the fair market value of such Company property, the matter shall be settled by arbitration in the manner provided in Sub Article 12.15 of this Agreement, with one (1) arbitrator to be selected by the Members other than the Transferring Member, one (1) arbitrator to be selected by the Transferring Member or his personal representative, as the case may be, and the third arbitrator, who shall be a person experienced in the appraisal of property of the kind being valued, shall be selected by the first two (2) arbitrators. The decision of the arbitrators on the fair market value of such property shall be final and binding upon the parties. If the arbitrators cannot agree on the fair market value of such property, then the decision of the third arbitrator (i.e., the one selected by the first two (2) arbitrators) shall control.
Adjustments to Capital Account. The Capital Account of each Member shall be increased hereafter by (i) the amount of any Additional Capital Contributions by the Member to the Company, and (ii) allocations to the Member of Profit (or items thereof pursuant to Article IV), including all items of Company income and gain (including income and gain exempt from tax) specially allocated to the Member pursuant to Section 4.2 and Section 4.3, and (iii) the amount of any Company indebtedness assumed by such Member or which are secured by liens on any property distributed to such Member, and the Capital Account of each Member shall be reduced by (x) the Gross Asset Value of all property and the amount of all cash distributed to such Member pursuant to this Agreement, (y) allocations to the Members of Loss (or items thereof pursuant to Article IV), including all items of Company deduction and loss specially allocated to such Member pursuant to Section 4.2 and Section 4.3, and (z) the amount of any indebtedness of such Member assumed by the Company or which are secured by any property contributed by such Member to the Company.
Adjustments to Capital Account. Without limiting the generality of the foregoing, the Capital Account of each Member shall be increased by (i) the amount of any Additional Capital Contributions by the Member to the Company, and (ii) allocations to the Member of Profit (or items thereof pursuant to Article IV hereof), including all items of Company income and gain (including income and gain exempt from tax) specially allocated to the Member pursuant to Section 4.2 and Section 4.3 of this Agreement, and (iii) the amount of any Company indebtedness assumed by such Member or which is secured by liens on any property distributed to such Member, and the Capital Account of each Member shall be reduced by (x) the Gross Asset Value of all property and the amount of all cash distributed to such Member pursuant to this Agreement, (y) allocations to the Members of Loss (or items thereof pursuant to Article IV hereof), including all items of Company deduction and loss specially allocated to such Member pursuant to Section 4.2 and Section 4.3 of this Agreement, and (z) the amount of any indebtedness of such Member assumed by the Company or which is secured by any property contributed by such Member to the Company.
Adjustments to Capital Account. Without limiting the generality of the foregoing, the Capital Account of each Member shall be increased hereafter by, INTER ALIA, (i) the amount of any Additional Capital Contributions by the Member to the Company, and (ii) allocations to the Member of Income (or items thereof pursuant to SECTION 3.4(e) hereof), including income and gain exempt from tax and income and gain described in Treasury Regulations Section 1.704-1(b)(2)(iv)(g), but excluding income and gain described in Treasury Regulations Section 1.704-1(b)(4)(i), and the Capital Account of each Member shall be reduced by INTER ALIA, (x) the amount of any Distribution to such Member, (y) expenditures described in Section 705(a)(2)(B) of the Code and (z) the Member's share of Loss (or items thereof pursuant to SECTION 3.4(f) hereof), including loss and deduction described in Treasury Regulations Section 1.704-1(b)(2)(iv)(g), but excluding items of loss and deduction described in clause (y) above and items of loss and deduction described in Treasury Regulations Section 1.704-1(b)(4)(i) and (iii).
Adjustments to Capital Account. The Capital Account of a Member shall be credited with the amount of all Capital Contributions by such Member to the Company. On the date hereof, the Members listed on Schedule I have made the contributions to the Company in exchange for Class A Units pursuant to the Plan. The Capital Account of a Member shall be increased by the amount of any Profits (or items of income or gain) allocated to such Member, and decreased by (a) the amount of any Losses (or items of loss or deduction) allocated to such Member, (b) the amount of any cash distributed to such Member, and (c) the Fair Market Value of any asset distributed in kind to such Member (net of all liabilities secured by such asset that such Member is considered to assume or take subject to under Section 752 of the Code). The Capital Account of the Member also shall be adjusted appropriately to reflect any other adjustment required pursuant to Treasury Regulations Section 1.704-1 or 1.704-2, as they may be amended or replaced, and adjustments required with respect to a redetermination of the Book Value of Company assets pursuant to Exhibit A.
Adjustments to Capital Account. The Capital Account of each Member shall be increased hereafter by (i) the amount of any Additional Capital Contributions by such Member to the Company, and (ii) allocations to such Member of Profit (or items thereof) pursuant to Article IV, (including income and gain exempt from tax) and (iii) the amount of any Company Indebtedness assumed by such Member or which are secured by liens on any property distributed to such Member, and the Capital Account of each Member shall be reduced by (x) the Gross Asset Value of all property and the amount of all cash distributed to such Member pursuant to this Agreement, (y) allocations to the Members of Loss (or items thereof) pursuant to Article IV, and (z) the amount of any Indebtedness of such Member assumed by the Company or which are secured by any property contributed by such Member to the Company.
