Common use of Allocation of Items Among Members Clause in Contracts

Allocation of Items Among Members. Except as otherwise provided in Section 13.5(a), each item of income, gain, loss and deduction and all other items governed by section 702(a) of the Code shall be allocated among the Members in proportion to the allocation of Net Profits and Net Losses set forth in Section 13.2, provided that any gain recognized from any disposition of a Company asset that is treated as ordinary income because it is attributable to the recapture of any depreciation or amortization shall be allocated among the Members in the same ratio as the prior allocations of Net Profits, Net Losses or other items that included such depreciation or amortization, but not in excess of the gain otherwise allocable to each Member.

Appears in 1 contract

Samples: Operating Agreement (Bluefly Inc)

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Allocation of Items Among Members. (i) Except as otherwise provided in Section 13.5(a)8.6.1, each item of income, gain, loss and deduction and all other items governed by section Section 702(a) of the Code shall be allocated among the Members pro rata in proportion to the allocation of Net Profits Income, Net Loss, and Net Losses set forth in Section 13.2other items to the Members hereunder, provided that any gain recognized from any disposition of a Company asset that is treated as ordinary income because it is attributable to the recapture of any depreciation or amortization shall be allocated among the Members in the same ratio as the prior allocations of Net ProfitsIncome, Net Losses Loss, or other items that included such depreciation or amortization, but not in excess of the gain otherwise allocable to each Member.

Appears in 1 contract

Samples: Limited Liability Company Agreement (KFX Inc)

Allocation of Items Among Members. Except as otherwise provided in Section 13.5(a9.5(b)(i), each item of income, gain, loss and deduction and all other items governed by section 702(a) of the Code shall be allocated among the Members in proportion to the allocation of Net Profits and Net Losses set forth in Section 13.29.2, provided that any gain recognized from any disposition of a Company asset that is treated as ordinary income because it is attributable to the recapture of any depreciation or amortization shall be allocated among the Members in the same ratio as the prior allocations of Net Profits, Net Losses or other items that included such depreciation or amortization, but not in excess of the gain otherwise allocable to each Member.

Appears in 1 contract

Samples: Operating Agreement (Siebert Financial Corp)

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Allocation of Items Among Members. Except as otherwise provided in Section 13.5(a), each item of income, gain, loss and deduction and all other items governed by section ss. 702(a) of the Code shall be allocated among the Members in proportion to the allocation of Net Profits and Net Losses set forth in Section Sections 13.2, provided that any gain recognized from any disposition of a Company asset that is treated as ordinary income because it is attributable to the recapture of any depreciation Depreciation or amortization shall be allocated among the Members in the same ratio as the prior allocations of Net Profits, Net Losses or other items that included such depreciation Depreciation or amortization, but not in excess of the gain otherwise allocable allocatable to each Member.

Appears in 1 contract

Samples: Operating Agreement (Careinsite Inc)

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