Allocation Rules. (a) For purposes of determining the Profits, Losses or any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Board using any method that is permissible under § 706 of the Code and the Treasury Regulations thereunder. (b) Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction and any other allocations not otherwise provided for shall be divided among the Members in the same proportions as they share Profits and Losses for the Fiscal Year in question. (c) The Members are aware of the income tax consequences of the allocations made by this Article V and hereby agree to be bound by the provisions of this Article V in reporting their shares of Company income and loss for income tax purposes.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (BFC Financial Corp), Stock Purchase Agreement (Bankatlantic Bancorp Inc)
Allocation Rules. (ai) For purposes of determining the Profits, Losses or any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Board Managing Member using any method that is permissible under § §706 of the Code and the Treasury Regulations thereunder.
(bii) Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction and any other allocations not otherwise provided for shall be divided among the Members in the same proportions as they share Profits and Losses for the Fiscal Year in question.
(ciii) The Members are aware of the income tax consequences of the allocations made by this Article V VIII and hereby agree to be bound by the provisions of this Article V VIII in reporting their shares of Company income and loss for income tax purposes.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Frontier Communications Corp), Limited Liability Company Agreement (New Gaming Capital Partnership)
Allocation Rules. (ai) For purposes of determining the Profits, Losses or any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Board Managing Member using any method that is permissible under § '706 of the Code and the Treasury Regulations thereunder.
(bii) Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction and any other allocations not otherwise provided for shall be divided among the Members in the same proportions as they share Profits and Losses for the Fiscal Year in question.
(ciii) The Members are aware of the income tax consequences of the allocations made by this Article V VIII and hereby agree to be bound by the provisions of this Article V VIII in reporting their shares of Company income and loss for income tax purposes.
Appears in 1 contract
Samples: Limited Liability Company Agreement (American Medical Providers Inc)
Allocation Rules. (a) For purposes of determining the Profits, Losses or any other items allocable to any period, Profits, Losses and any such other items shall be determined on a daily, monthly or other basis, as determined by the Board using any method that is permissible under § Section 706 of the Code and the Treasury Regulations thereunder.
(b) Except as otherwise provided in this Agreement, all items of Company income, gain, loss, deduction and any other allocations not otherwise provided for shall be divided among the Members in the same proportions as they share Profits and Losses for the Fiscal Year in question.
(c) The Members are aware of the income tax consequences of the allocations made by this Article V VII and hereby agree to be bound by the provisions of this Article V VII in reporting their shares of Company income and loss for income tax purposes.
Appears in 1 contract