Common use of Curative Allocation Clause in Contracts

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Shareholders that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Trust income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 (other than the Required Allocations), the Sponsor shall make such offsetting special allocations of Trust income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Shareholder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder would have had if the Required Allocations were not part of this Agreement and all Trust items were allocated pursuant to the economic agreement among the Shareholders. (B) The Sponsor shall, with respect to each fiscal year or other applicable period, (1) apply the provisions of Article IV, Section 8(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 Article IV, Section 8 (c)(ix)(A) among the Shareholders in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the U.S. Treasury Regulations. It is the intent of the Shareholders 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 Trust Partnership income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix5.1(b)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 5 (other than the Required Allocations), the Sponsor General Partner shall make such offsetting special allocations of Trust Partnership income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each ShareholderPartner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder Partner would have had if the Required Allocations were not part of this Agreement and all Trust Partnership items were allocated pursuant to the economic agreement among the ShareholdersPartners. (B) The Sponsor General Partner shall, with respect to each fiscal year or other applicable taxable period, (1) apply the provisions of Article IV, Section 8(c)(ix)(A5.1(b)(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 Article IV, Section 8 (c)(ix)(A5.1(b)(ix)(A) among the Shareholders Partners in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the U.S. Treasury Regulations. It is the intent of the Shareholders 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 Trust Partnership income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix5.2(b)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 5 (other than the Required Allocations), the Sponsor General Partner shall make such offsetting special allocations of Trust Partnership income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each ShareholderPartner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder Partner would have had if the Required Allocations were not part of this Agreement and all Trust Partnership items were allocated pursuant to the economic agreement among the ShareholdersPartners. (B) The Sponsor General Partner shall, with respect to each fiscal year or other applicable taxable period, (1) apply the provisions of Article IV, Section 8(c)(ix)(A5.2(b)(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 Article IV, Section 8 (c)(ix)(A5.2(b)(ix)(A) among the Shareholders Partners in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Shareholders that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Trust income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix6.1(c)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 6.1 (other than the Required Allocations), the Sponsor shall make such offsetting special allocations of Trust income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Shareholder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder would have had if the Required Allocations were not part of this Agreement and all Trust items were allocated pursuant to the economic agreement among the Shareholders. (B) The Sponsor shall, with respect to each fiscal year or other applicable period, (1) apply the provisions of Article IV, Section 8(c)(ix)(A6.1(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 Article IV, Section 8 (c)(ix)(A6.1(c)(ix)(A) among the Shareholders in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Shareholders that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Trust income, gain, loss or deduction pursuant to this Article IV, IV Section 8 (c)(ix). Therefore, notwithstanding any other provision of this Article IV, IV Section 8 (other than the Required Allocations), the Sponsor shall make such offsetting special allocations of Trust income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Shareholder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder would have had if the Required Allocations were not part of this Trust Agreement and all Trust items were allocated pursuant to the economic agreement among the Shareholders. (B) The Sponsor shall, with respect to each fiscal year or other applicable period, (1) apply the provisions of Article IV, IV Section 8(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 Article IV, IV Section 8 (c)(ix)(A) among the Shareholders in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A1) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Shareholders that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Trust Company income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix4.2(b)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 IV (other than the Required Allocations), the Sponsor Board of Directors shall make such offsetting special allocations of Trust Company income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Shareholder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder would have had if the Required Allocations were not part of this Agreement and all Trust Company items were allocated pursuant to the economic agreement among the Shareholders. (B2) The Sponsor Board of Directors shall, with respect to each fiscal year or other applicable taxable period, (1A) apply the provisions of Article IV, Section 8(c)(ix)(A4.2(b)(ix)(1) in whatever order is most likely to minimize the economic distortions that might otherwise result from the Required Allocations, and (2B) divide all allocations pursuant to Article IV, Section 8 (c)(ix)(A4.2(b)(ix)(1) among the Shareholders in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Shareholders that, to the extent possible, all Required Allocations shall be offset either with other Required Allocations or with special allocations of other items of Trust Fund income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 (other than the Required Allocations), the Sponsor Managing Owner shall make such offsetting special allocations of Trust Fund income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Shareholder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder would have had if the Required Allocations were not part of this Trust Agreement and all Trust Fund items were allocated pursuant to the economic agreement among the Shareholders. (B) The Sponsor Managing Owner shall, with respect to each fiscal year or other applicable period, (1) apply the provisions of Article IV, Section 8(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 Article IV, Section 8 (c)(ix)(A) among the Shareholders in a manner that is likely to minimize such economic distortions.

Curative Allocation. (A) The Required Allocations are intended to comply with certain requirements of the U.S. Treasury Regulations. It is the intent of the Shareholders 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 Trust Partnership income, gain, loss or deduction pursuant to this Article IV, Section 8 (c)(ix5.1(b)(ix). Therefore, notwithstanding any other provision of this Article IV, Section 8 5 (other than the ​ Required Allocations), the Sponsor General Partner shall make such offsetting special allocations of Trust Partnership income, gain, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each ShareholderPartner’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Shareholder Partner would have had if the Required Allocations were not part of this Agreement and all Trust Partnership items were allocated pursuant to the economic agreement among the ShareholdersPartners. (B) The Sponsor General Partner shall, with respect to each fiscal year or other applicable taxable period, (1) apply the provisions of Article IV, Section 8(c)(ix)(A5.1(b)(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 Article IV, Section 8 (c)(ix)(A5.1(b)(ix)(A) among the Shareholders Partners in a manner that is likely to minimize such economic distortions.