Certain Distributions. For purposes of this Article IV, a distribution to a Member of property (other than cash) shall be treated as a Tax Distribution pursuant to Section 4.4 (rather than as, for example, a distribution pursuant to Section 4.1(a)), in an amount equal to the hypothetical amount of tax that the Member would pay, at the Assumed Tax Rate, if (i) such property were not treated as a distribution of money pursuant to Section 731(c)(2) of the Code (to the extent that Section 731(c)(2) otherwise applies) and (ii) the Member sold the property immediately after receiving such distribution.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (21st Century Oncology Holdings, Inc.), Limited Liability Company Agreement (21st Century Oncology Holdings, Inc.), Limited Liability Company Agreement (21st Century Oncology Holdings, Inc.)
Certain Distributions. For purposes of this Article ARTICLE IV, a distribution to a Member of property (other than cash) shall be treated as a Tax Distribution pursuant to Section 4.4 4.3 (rather than as, for example, a distribution pursuant to Section 4.1(a)), 4.1) in an amount equal to the hypothetical amount of tax that the Member would pay, at the Assumed Tax Rate, if (i) such property were not treated as a distribution of money pursuant to Section 731(c)(2) of the Code (to the extent that Section 731(c)(2) otherwise applies) and (ii) the Member sold the property immediately after receiving such distribution.
Appears in 5 contracts
Samples: Operating Agreement (Truett-Hurst, Inc.), Operating Agreement (Truett-Hurst, Inc.), Operating Agreement (Truett-Hurst, Inc.)
Certain Distributions. For purposes of this Article ARTICLE IV, a distribution to a Member of property (other than cash) shall be treated as a Tax Distribution pursuant to Section 4.4 (rather than as, for example, a distribution pursuant to Section 4.1(a)), 4.1) in an amount equal to the hypothetical amount of tax that the Member would pay, at the Assumed Tax Rate, if (i) such property were not treated as a distribution of money pursuant to Section 731(c)(2) of the Code (to the extent that Section 731(c)(2) otherwise applies) and (ii) the Member sold the property immediately after receiving such distribution.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (DynaVox Inc.), Limited Liability Company Agreement (DynaVox Inc.), Limited Liability Company Agreement (DynaVox Inc.)
Certain Distributions. For purposes of this Article IV, a distribution to a Member of property (other than cash) shall be treated as a Tax Distribution pursuant to Section 4.4 (rather than as, for example, a distribution pursuant to Section 4.1(a), (b) or (c)), in an amount equal to the hypothetical amount of tax that the Member would pay, at the Assumed Tax Rate, if (i) such property were not treated as a distribution of money pursuant to Section 731(c)(2) of the Code (to the extent that Section 731(c)(2) otherwise applies) and (ii) the Member sold the property immediately after receiving such distribution.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Radiation Therapy Services Holdings, Inc.), Limited Liability Company Agreement (Vestar Capital Partners v L P)
Certain Distributions. For purposes of this Article IV, a distribution to a Member of property (other than cash) shall be treated as a Tax Distribution pursuant to Section 4.4 (rather than as, for example, a distribution pursuant to Section 4.1(a4.1 (a), (b) or (c)), in an amount equal to the hypothetical amount of tax that the Member would pay, at the Assumed Tax Rate, if (i) such property were not treated as a distribution of money pursuant to Section 731(c)(2) of the Code (to the extent that Section 731(c)(2) otherwise applies) and (ii) the Member sold the property immediately after receiving such distribution.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Radiation Therapy Services Holdings, Inc.)
