Allocation Periods and Unrealized Items. Subject to applicable Treasury Regulations and other applicable law and notwithstanding anything expressed or implied to the contrary in this Agreement, the Managers may, in their sole and absolute discretion, determine allocations to Capital Accounts based on an annual, quarterly or other period and/or on realized and unrealized net increases or net decreases (as the case may be) in the fair market value of Company property.
Appears in 4 contracts
Samples: Operating Agreement (Excelsior Venture Partners Iii LLC), Operating Agreement (Excelsior Venture Partners Iii LLC), Operating Agreement (Excelsior Venture Partners Iii LLC)
Allocation Periods and Unrealized Items. Subject to applicable Treasury Regulations and other applicable law and notwithstanding anything expressed or implied to the contrary in this Agreement, the Managers may, in their sole and absolute discretion, determine allocations to Capital Accounts based on an annual, quarterly or other period no lees frequently than annually and/or on realized and upon additional investment in the Company by a new or existing Member, the transfers of a Member's Interest or the redemption of a Member's Interest on unrealized net increases or net decreases (as the case may be) in the fair market value Fair Market Value of Company property.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Fortress Pinnacle Investment Fund LLC), Limited Liability Company Agreement (Fortress Brookdale Investment Fund LLC)
Allocation Periods and Unrealized Items. Subject to applicable Treasury Regulations and other applicable law and notwithstanding anything expressed or implied to the contrary in this Agreement, the Managers may, in their sole and absolute discretion, determine allocations to Capital Accounts based on an annual, quarterly or other period and/or on realized and unrealized net increases or net decreases (as the case may be) in the fair market value of Company property.
Appears in 1 contract
Samples: Operating Agreement (Excelsior Buyout Investors LLC)
Allocation Periods and Unrealized Items. Subject to applicable Treasury Regulations and other applicable law and notwithstanding anything expressed or implied to the contrary in this Agreementagreement, the Managers Tax Matters Member may, in their its sole and absolute discretion, determine allocations to Capital Accounts based on an annual, quarterly or other period and/or on realized and unrealized net increases or net decreases (as the case may be) in the fair market value of Company property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Genesis Energy Lp)