Common use of Code § 754 Adjustment Clause in Contracts

Code § 754 Adjustment. To the extent an adjustment to the adjusted tax basis of any Company property pursuant to Code § 734(b) or Code § 743(b) is required, pursuant to Treasury Regulations § 1.704-1(b)(2)(iv)(m)(2) or § 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts as the result of a distribution to a Member in complete liquidation of its interest in the Company, 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 property) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in proportion to their Percentage Interests at the time of such allocation in the event Treasury Regulations § 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event Treasury Regulations § 1.704-1(b)(2)(iv)(m)(4) applies.

Code § 754 Adjustment. To the extent an adjustment to the adjusted tax basis of any Company property asset pursuant to Code § 734(b) or Code § 743(b) is required, pursuant to Treasury Regulations § 1.704-1(b)(2)(iv)(m)(2) or Regulations § 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts as the result of a distribution to a Member in complete liquidation of its such Member’s interest in the Company, 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 propertyasset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in proportion to accordance with their Percentage Interests at interests in the time of such allocation Company in the event Treasury Regulations § 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members Member to whom such distribution was made in the event Treasury Regulations § 1.704-1(b)(2)(iv)(m)(41.7041(b)(2)(iv)(m)(4) applies.

Code § 754 Adjustment. To the extent an adjustment to the adjusted tax basis of any Company property asset pursuant to Code § 734(b) or Code § 743(b) is required, pursuant to Treasury Regulations § 1.704-1(b)(2)(iv)(m)(2) or Regulations § 1.704-1(b)(2)(iv)(m)(41 (b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts as the result of a distribution to a Member in complete liquidation of its such Member’s interest in the Company, 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 propertyasset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in proportion to accordance with their Percentage Interests at interests in the time of such allocation Company in the event Treasury Regulations § 1.704-1(b)(2)(iv)(m)(2) applies, or to the Members Member to whom such distribution was made in the event Treasury Regulations § 1.704-1(b)(2)(iv)(m)(41 (b)(2)(iv)(m)(4) applies.

Code § 754 Adjustment. To the extent an adjustment to the adjusted tax basis of any Company property Fund asset pursuant to Code § §734(b) or Code § §743(b) is required, pursuant to Treasury Regulations § §1.704-1(b)(2)(iv)(m)(2) or § §1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital Accounts as the result of a distribution to a Member in complete liquidation of its interest in the CompanyFund, 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 propertyasset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in proportion to accordance with their Percentage Interests at Units in the time of such allocation Fund in the event Treasury Regulations § Regulation §1.704-1(b)(2)(iv)(m)(2) applies, or to the Members to whom such distribution was made in the event Treasury Regulations § Regulation §1.704-1(b)(2)(iv)(m)(4) applies.