Common use of Basis Adjustment Clause in Contracts

Basis Adjustment. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to either of Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts pursuant to Regulations Section 1.704- 1(b)(2)(iv)(m), the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to said Section of the Regulations.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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Basis Adjustment. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to either of Code Sections 734(b) or 743(b) is required to be taken into account in determining Capital Accounts pursuant to Regulations Section 1.704- 1.704-1(b)(2)(iv)(m), the amount of such adjustment to the Capital Accounts Account shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) ), and such gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to said Section of the Regulationssuch Regulations Section.

Appears in 2 contracts

Samples: Operating and Member Control Agreement (Juhl Energy, Inc), Operating and Member Control Agreement (Juhl Energy, Inc)

Basis Adjustment. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to either of Code Sections Rules 734(b) or 743(b) is required pursuant to Regulations Rule 1.704-1(b)(2)(iv)(m) to be taken into account in determining Capital Accounts pursuant to Regulations Section 1.704- 1(b)(2)(iv)(m)Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to said such Section of the Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (St Lawrence Seaway Corp)

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Basis Adjustment. To the extent an adjustment to the adjusted tax ---------------- basis of any Company asset pursuant to either of Code Sections 734(b) or 743(b) is required pursuant to Regulations Section 1.704-1(b)(2)(iv)(m) to be taken into account in determining Capital Accounts pursuant to Regulations Section 1.704- 1(b)(2)(iv)(m)Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to said such Section of the Regulations.

Appears in 1 contract

Samples: Operating Agreement (Avery Berkel Holdings LTD)

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