Common use of Allocations Between Transferor and Transferee Clause in Contracts

Allocations Between Transferor and Transferee. If a Member Transfers any part or all of its Membership Interest, the distributive shares of the various items of Profit and Loss allocable among the Members during such fiscal year of the Company shall be allocated between the transferor and the transferee Member either (i) as if the Company’s fiscal year had ended on the date of the Transfer, or (ii) based on the number of days of such fiscal year that each was a Member without regard to the results of Company activities in the respective portions of such fiscal year in which the transferor and the transferee were Members. The Managing Member, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Member.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Ellington Financial Inc.), Limited Liability Company Operating Agreement (Ellington Financial Inc.), Limited Liability Company Operating Agreement (Ellington Financial Inc.)

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Allocations Between Transferor and Transferee. If a Member Transfers transfers any part or all of its Membership Interest, the distributive shares of the various items of Profit and Loss allocable among the Members during such fiscal year Fiscal Year of the Company shall be allocated between the transferor and the transferee Member either (i) as if the Company’s fiscal year Fiscal Year had ended on the date of the Transfertransfer, or (ii) based on the number of days of such fiscal year Fiscal Year that each was a Member without regard to the results of Company activities in the respective portions of such fiscal year Fiscal Year in which the transferor and the transferee were Members. The Managing Member, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Member.

Appears in 1 contract

Samples: Limited Liability Company Agreement (DC Industrial Liquidating Trust)

Allocations Between Transferor and Transferee. If a Member Transfers any part or all of its Membership Interest, the distributive shares of the various items of Profit and Loss allocable among the Members during such fiscal year of the Company Fiscal Year shall be allocated between the transferor and the transferee Member either (i) as if the Company’s fiscal year Fiscal Year had ended on the date of the Transfer, or (ii) based on the number of days of such fiscal year Fiscal Year that each was a Member without regard to the results of Company activities in the respective portions of such fiscal year Fiscal Year in which the transferor and the transferee were Members. The Managing MemberBoard, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Member.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Ellington Financial Inc.)

Allocations Between Transferor and Transferee. If a Member Transfers any part or all of its Membership Interest, the distributive shares of the various items of Profit and Loss allocable among the Members during such fiscal year of the Company shall be allocated between the transferor and the transferee Member either (i) as if the Company’s 's fiscal year had ended on the date of the Transfer, Transfer or (ii) based on the number of days of such fiscal year that each was a Member without regard to the results of Company activities in the respective portions of such fiscal year in which the transferor and the transferee were Members. The Managing Member, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Member.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Arbor Realty Trust Inc)

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Allocations Between Transferor and Transferee. If a Member Transfers any part or all of its Membership Interest, the distributive shares of the various items of Profit and Loss allocable among the Members during such fiscal year of the Company shall be allocated between the transferor and the transferee Member either (i) as if the Company’s fiscal year had ended on the date of the Transfer, Transfer or (ii) based on the number of days of such fiscal year that each was a Member without regard to the results of Company activities in the respective portions of such fiscal year in which the transferor and the transferee were Members. The Managing Member, in its sole and absolute discretion, shall determine which method shall be used to allocate the distributive shares of the various items of Profit and Loss between the transferor and the transferee Member.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Ellington Financial LLC)

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