Common use of Chargeback of Member Nonrecourse Debt Minimum Gain Clause in Contracts

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 (other than Section 4.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d), other than Section 4.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(v) and 4.1(d)(vi), with respect to such taxable period. This Section 4.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(i)(v) and 4.1(d)(vi(b)(i)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in determined according to Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(i)(v) and 4.1(d)(vi(b)(i)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(viSection 6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(v) and 4.1(d)(vi(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(vi6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in determined according to Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(v5.1(b)(v) and 4.1(d)(vi(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(iSections 5.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(d), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(d), other than Section 4.1(d)(iSections 5.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(v5.1(d)(vi) and 4.1(d)(vi5.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii5.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(e)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(e), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(e), other than Section 4.1(d)(i5.1(e)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(e)(i)(v) and 4.1(d)(vi(e)(i)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(e)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.2 (other than Section 4.1(d)(i6.2(b)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4)) of the Regulations, if there is a net decrease in Minimum Gain attributable to Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii)) of the Regulations, or any successor provisions. For purposes of this Section 4.1(d6.2(b)(ii), each Member’s Adjusted 's Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.2(b), other than Section 4.1(d)(iSections 6.2(b)(i), 6.2(b)(v) and other than an allocation pursuant to Sections 4.1(d)(v) and 4.1(d)(vi6.2(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii6.2(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) of the Regulations and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 (other than Section 4.1(d)(i)), except Except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.02(b)(ii), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.02(b), other than Section 4.1(d)(i5.02(b)(i) and other than an allocation pursuant to Sections 4.1(d)(v5.02(b)(v) and 4.1(d)(vi5.02(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.02(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(vi6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other Table of Contents allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(v) and 4.1(d)(viSection 5.1(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(v) and 4.1(d)(viSection 5.1(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than than Section 4.1(d)(i6.1 (d)(i) and other than an allocation pursuant to Sections 4.1(d)(v6.1(d)(vi) and 4.1(d)(vi6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 (other than Section 4.1(d)(i4.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d4.1(c), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d4.1(c), other than Section 4.1(d)(i4.1(c)(i) and other than an allocation pursuant to Sections 4.1(d)(v4.1(c)(v) and 4.1(d)(vi4.1(c)(vi), with respect to such taxable period. This Section 4.1(d)(ii4.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and income, gain or Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and income, gain or Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(v6.1(d)(v) and 4.1(d)(vi6.1(d)(vi), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 ‎Section 6.1 (other than Section 4.1(d)(i‎Section 6.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d‎Section 6.1(c), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d), other than Section 4.1(d)(i‎Section 6.1(c) and with respect to such taxable period (other than an allocation pursuant to Sections 4.1(d)(v‎Section 6.1(c)(i), ‎Section 6.1(c)(vi) and 4.1(d)(vi‎Section 6.1(c)(vii), with respect to such taxable period). This Section 4.1(d)(ii‎Section 6.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 (other than Section 4.1(d)(i4.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d4.1(c), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d4.1(c), other than Section 4.1(d)(i4.1(c)(i) and other than an allocation pursuant to Sections 4.1(d)(v4.1(c)(v) and 4.1(d)(vi4.1(c)(vi), with respect to such taxable period. This Section 4.1(d)(ii4.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 (other than Section 4.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share LLC Share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d), other than Section 4.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(v) and 4.1(d)(vi), with respect to such taxable period. This Section 4.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in determined according to Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(v) and 4.1(d)(vi(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(c), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(c), other than Section 4.1(d)(i6.1(c)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(c)(vi) and 4.1(d)(viSection 6.1(c)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 (other than Section 4.1(d)(i4.2(b)(1)), except as provided in Treasury Regulation Section 1.704-2(i)(4)) of the Treasury Regulations, if there is a net decrease in Minimum Gain attributable to Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Minimum Gain attributable to Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii)) of the Treasury Regulations, or any successor provisions. For purposes of this Section 4.1(d4.1(b)(2), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d4.1(b), other than Section 4.1(d)(iSections 4.1(b)(1), 4.1(b)(5) and other than an allocation pursuant to Sections 4.1(d)(v) and 4.1(d)(vi4.1(b)(6), with respect to such taxable period. This Section 4.1(d)(ii4.1(b)(2) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) of the Treasury Regulations and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(c), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d), other than Section 4.1(d)(i6.1(c) and with respect to such taxable period (other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(c)(i), Section 6.1(c)(vi) and 4.1(d)(viSection 6.1(c)(vii), with respect to such taxable period). This Section 4.1(d)(ii6.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(c), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(c), other than Section 4.1(d)(i6.1(c)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(c)(vi) and 4.1(d)(viSection 6.1(c)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(41.7042(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in determined according to Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(i)(v) and 4.1(d)(vi(b)(i)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse 40 Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(viSection 6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(vi6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1(c) (other than Section 4.1(d)(i6.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(c), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(c), other than Section 4.1(d)(i6.1(c)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(c)(vi) and 4.1(d)(vi‎Section 6.1(c)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s 's Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(viSection 6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.1 (other than Section 4.1(d)(i6.1(d)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d6.1(d), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.1(d), other than Section 4.1(d)(i6.1(d)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 6.1(d)(vi) and 4.1(d)(vi6.1(d)(vii), with respect to such taxable period. This Section 4.1(d)(ii6.1(d)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 5.1 (other than Section 4.1(d)(i5.1(b)(i)), except as provided in Treasury Regulation Regulations Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d5.1(b), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d5.1(b), other than Section 4.1(d)(i5.1(b)(i) and other than an allocation pursuant to Sections 4.1(d)(vSection 5.1(b)(i)(v) and 4.1(d)(vi(b)(i)(vi), with respect to such taxable period. This Section 4.1(d)(ii5.1 (b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 ‎Section 6.1(c) (other than Section 4.1(d)(i‎Section 6.1(c)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4), if there is a net decrease in Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income income, gain and gain Simulated Gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii), or any successor provisions. For purposes of this Section 4.1(d‎Section 6.1(c), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income income, gain and gain Simulated Gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d‎Section 6.1(c), other than Section 4.1(d)(i‎Section 6.1(c)(i) and other than an allocation pursuant to Sections 4.1(d)(v‎Section 6.1(c)(vi) and 4.1(d)(vi‎‎Section 6.1(c)(vii), with respect to such taxable period. This Section 4.1(d)(ii‎Section 6.1(c)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Chargeback of Member Nonrecourse Debt Minimum Gain. Notwithstanding the other provisions of this Section 4.1 6.2 (other than Section 4.1(d)(i6.2(b)(i)), except as provided in Treasury Regulation Section 1.704-2(i)(4)) of the Regulations, if there is a net decrease in Minimum Gain attributable to Member Nonrecourse Debt Minimum Gain during any Company taxable period, any Member with a share of Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain at the beginning of such taxable period shall be allocated items of Company income and gain for such period (and, if necessary, subsequent periods) in the manner and amounts provided in Treasury Regulation Sections 1.704-2(i)(4) and 1.704-2(j)(2)(ii)) of the Regulations, or any successor provisions. For purposes of this Section 4.1(d6.2(b)(ii), each Member’s Adjusted Capital Account balance shall be determined, and the allocation of income and or gain required hereunder shall be effected, prior to the application of any other allocations pursuant to this Section 4.1(d6.2(b), other than Section 4.1(d)(iSections 6.2(b)(i), 6.2(b)(v) and other than an allocation pursuant to Sections 4.1(d)(v) and 4.1(d)(vi6.2(b)(vi), with respect to such taxable period. This Section 4.1(d)(ii6.2(b)(ii) is intended to comply with the chargeback of items of income and gain requirement in Treasury Regulation Section 1.704-2(i)(4) of the Regulations and shall be interpreted consistently therewith.