Common use of Curative Allocation Clause in Contracts

Curative Allocation. (1) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(1). Therefore, notwithstanding any other provision of this ARTICLE V (other than the Required Allocations), the Managing Member shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2) The Managing Member shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(1) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(1) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(14.1(d)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article IV (other than the Required Allocations), the Managing Member Board of Directors shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2B) The Managing Member Board of Directors shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(14.1(d)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(14.1(d)(ix)(A) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members Partners that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company Partnership income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(16.1(d)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article VI (other than the Required Allocations), the Managing Member General Partner shall make such offsetting special allocations of Company Partnership income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Partner's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member Partner would have had if the Required Allocations were not part of this Agreement and all Company Partnership items were allocated pursuant to the economic agreement among the MembersPartners. (2B) The Managing Member General Partner shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(16.1(d)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(16.1(d)(ix)(A) among the Members Partners in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members Partners that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company Partnership income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(16.1(d)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article VI (other than the Required Allocations), the Managing Member General Partner shall make such offsetting special allocations of Company Partnership income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each MemberPartner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member Partner would have had if the Required Allocations were not part of this Agreement and all Company Partnership items were allocated pursuant to the economic agreement among the MembersPartners. (2B) The Managing Member General Partner shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(16.1(d)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(16.1(d)(ix)(A) among the Members Partners in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(15.1(e)(ix)(i). Therefore, notwithstanding any other provision of this ARTICLE V (other than the Required Allocations), the Managing Member shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2) The Managing Member shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(15.1(e)(ix)(1) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(15.1(e)(ix) (1) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(14.1(d)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article IV (other than the Required Allocations), the Managing Member Board shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2B) The Managing Member Board shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(14.1(d)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(14.1(d)(ix)(A) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(14.1(d)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article IV (other than the Required Allocations), the Managing Member Board of Directors shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2B) The Managing Member Board of Directors shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(14.1(d)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(14.1(d)(ix)(A) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(14.1(c)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article IV (other than the Required Allocations), the Managing Member Board of Directors shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s 's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2B) The Managing Member Board of Directors shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(14.1(c)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(14.1(c)(ix)(A) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(1). Therefore, notwithstanding any other provision of this ARTICLE Article V (other than the Required Allocations), the Managing Member shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2) The Managing Member shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(1) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(1) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(14.1(c)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article IV (other than the Required Allocations), the Managing Member Board of Directors shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2B) The Managing Member Board of Directors shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(14.1(c)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(14.1(c)(ix)(A) among the Members in a manner that is likely to minimize such economic distortions.

Curative Allocation. (1A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Company income, gain, loss or deduction pursuant to this Section 5.1(b)(ix)(14.1(c)(ix). Therefore, notwithstanding any other provision of this ARTICLE V Article IV (other than the Required Allocations), the Managing Member Board of Directors shall make such offsetting special allocations of Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such Table of Contents offsetting allocations are made, each Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member would have had if the Required Allocations were not part of this Agreement and all Company items were allocated pursuant to the economic agreement among the Members. (2B) The Managing Member Board of Directors shall, with respect to each taxable period, (1) apply the provisions of Section 5.1(b)(ix)(14.1(c)(ix)(A) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2) divide all allocations pursuant to Section 5.1(b)(ix)(14.1(c)(ix)(A) among the Members in a manner that is likely to minimize such economic distortions.