Allocations Upon Transfer or Admission. In the event that a Member acquires an interest in the Company either by transfer from another Member or by acquisition from the Company, if after such acquisition the Company is not a DRE, the Net Profits, Net Losses gross income, nonrecourse deductions and items thereof attributable to the interest so transferred or acquired shall be allocated among the Members based on a method chosen by the Board of Managers, in its sole discretion, which method shall comply with Section 706 of the Code and shall be binding on all Members. For purposes of determining the date on which the acquisition occurs, the Company may make use of any convention allowable under Section 706(d) of the Code.
Appears in 4 contracts
Samples: Operating Agreement (MacroShares $100 Oil Down Trust), Operating Agreement (MacroShares $100 Oil Up Trust), Operating Agreement (Claymore MACROshares Oil Down Holding Trust)
Allocations Upon Transfer or Admission. In the event that a Member acquires an interest in the Company either by transfer from another Member or by acquisition from the Company, if after such acquisition the Company is not a DRE, the Net Profits, Net Losses Losses, gross income, nonrecourse deductions and items thereof attributable to the interest so transferred or acquired shall be allocated among the Members based on a method chosen by the Board of Managers, in its sole discretion, which method shall comply with Section 706 of the Code and shall be binding on all Members. For purposes of determining the date on which the acquisition occurs, the Company may make use of any convention allowable under Section 706(d) of the Code.
Appears in 2 contracts
Samples: Operating Agreement (Macro Inflation Depositor, LLC), Operating Agreement (MacroShares Housing Depositor, LLC)
Allocations Upon Transfer or Admission. In the event that a Member acquires an interest in the Company Units either by transfer Transfer from another Member or by acquisition from the Company, if after such acquisition the Company is not a DRE, the Net Profits, Net Losses Losses, gross income, nonrecourse deductions and items thereof attributable to the interest Units so transferred Transferred or acquired shall be allocated among the Members based on a method chosen by the Board of ManagersManagers (or, if the Board of Managers so determines, by the Chief Financial Officer), in its sole discretion, which method shall comply with Section 706 of the Code and shall be binding on all Members. For purposes of determining the date on which the acquisition occurs, the Company may make use of any convention allowable under Section 706(d) of the Code.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Allocations Upon Transfer or Admission. In the event that a Member acquires an interest in the Company Units either by transfer Transfer from another Member or by acquisition from the Company, if after such acquisition the Company is not a DRE, the Net Profits, Net Losses Losses, gross income, nonrecourse deductions and items thereof attributable to the interest Units so transferred Transferred or acquired shall be allocated among the Members based on a method chosen by the Board of ManagersDirectors (or, if the Board of Directors so determines, by the Treasurer), in its sole discretion, which method shall comply with Section 706 of the Code and shall be binding on all Members. For purposes of determining the date on which the acquisition occurs, the Company may make use of any convention allowable under Section 706(d) of the Code.
Appears in 1 contract