Common use of Allocation of Items Among Members Clause in Contracts

Allocation of Items Among Members. Except as otherwise provided in Section 5.03(b)(i), each item of income, gain, loss and deduction and all other items governed by Code Section 702(a) shall be allocated among the Members in proportion to the allocation of Profits, Losses and other 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 Profits, 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: Limited Liability Company Agreement (NRG Retail LLC)

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Allocation of Items Among Members. Except as otherwise provided in Section 5.03(b)(i4.3(b)(i), each item of income, gain, loss and deduction and all other items governed by Code Section 702(a) shall be allocated among the Members in proportion to the allocation of Profits, Losses and other 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 Profits, Losses or other items that included such tax depreciation or amortization, but not in excess of the gain otherwise allocable to each Member.

Appears in 1 contract

Samples: Company Operating Agreement (Medianews Group Inc)

Allocation of Items Among Members. Except as otherwise provided in Section 5.03(b)(i), each Each item of income, gain, loss loss, deduction and deduction credit and all other items governed by Code Section section 702(a) shall be allocated among the Members in proportion to the allocation of Profits, Losses and other items to the such Members hereunder, provided that any gain recognized from any disposition of a Company asset that which 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 Profits, . Losses or other items that included such depreciation or amortization, but not in excess of the gain otherwise allocable to each such Member.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Delta Energy Center, LLC)

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Allocation of Items Among Members. Except as otherwise provided in Section 5.03(b)(i7.2(b)(i), each item of income, gain, loss and deduction and all other items governed by Code Section 702(a) shall be allocated among the Members in proportion to the allocation of Profits, Losses and other 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 Profits, Losses or and 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 (American Independence Corp)

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