Common use of Curative Allocations Clause in Contracts

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi5.04(b)(iv) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company Partnership income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company Partnership items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi(viii) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member Manager shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the this Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i5.03(a)(i) through Section 5.04(b)(vi5.03(a)(vi) and Section 5.04(d5.03(c) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c5.03(b). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member Manager 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.045.02.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part of the this Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) 6.6 hereof (the “"Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c6.6(d). Therefore, notwithstanding any other provision of this Article V VI (other than the Regulatory Allocations), to the Managing Member extent permitted under the Treasury Regulations, the Board of Managers shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.046.5.

Curative Allocations. The allocations set forth in Section 5.04(b)(i5.1(b) and Sections 5.1(c)(i) through Section 5.04(b)(vi5.1(c)(vii) and Section 5.04(d) hereof (collectively, the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties hereto that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c5.1(c)(viii). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part terms of the this Agreement and all Company items were allocated pursuant to Section 5.045.1.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Nonvoting Members that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory 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 Nonvoting Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Nonvoting Member would have had if the Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 5.2(a), 5.2(b), 5.2(c), 5.2(d), 5.2(e), 5.2(f), 5.2(g) and Section 5.04(d) 5.4 (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company Fund income, gain, loss, loss or deduction pursuant to this Section 5.04(c)5.3. Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory Allocations), the Managing Member Manager shall make such offsetting special allocations of Company Fund income, gain, loss, 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 Regulatory Allocations were not part of the Agreement and all Company Fund items were allocated pursuant to Section 5.04Sections 5.1, 5.2(h) and 5.2(i).

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi5.04(b)(iv) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i5.03(a)(i) through Section 5.04(b)(vi5.03(a)(vi) and Section 5.04(d5.03(c) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c5.03(b). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member Manager 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04Sections 5.02 and 5.03.

Curative Allocations. The allocations set forth in Section ‎Section 5.04(b)(i) through Section ‎Section 5.04(b)(vi) and Section ‎Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section ‎Section 5.04(c). Therefore, notwithstanding any other provision of this Article V ‎Article 5 (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section ‎Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi5.04(b)(iv) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) Sections 5.3(a), 5.3(b), 5.3(c), 5.3(d), 5.3(e), 5.3(f), 5.3(g), and Section 5.04(d) 5.5 (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c)5.4. Therefore, notwithstanding any other provision of this Article V (other than the Regulatory 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04Sections 5.1, 5.2, and 5.3(h).

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Economic Members that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member Board shall make such offsetting special allocations of Company income, gain, loss, loss or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each Economic Member’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Economic Member would have had if the Regulatory Allocations were not part of the this Agreement and all Company items were allocated pursuant to Section 5.045.04(a).

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member Manager 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(iSections 5.1(b) and 5.1(c)(i) through Section 5.04(b)(vi(vii) and Section 5.04(d) hereof (collectively, the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties hereto that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c5.1(c)(viii). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part terms of the this Agreement and all Company items were allocated pursuant to Section 5.045.1.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 4.3(a), 4.3(b), 4.3(c), 4.3(d), 4.3(e), 4.3(f), 4.3(g) and Section 5.04(d) 4.5 (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c)4.4. Therefore, notwithstanding any other provision of this Article V 4 (other than the Regulatory Allocations), the Managing Member Board of Directors shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the this Agreement and all Company items were allocated pursuant to Section 5.04Sections 4.1 and 4.2.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member Manager 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 4.3(a), (b), (c), (d, (e), (f) and Section 5.04(d(g) hereof (the “"Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c4.3(h). Therefore, notwithstanding any other provision of this Article V Section 4.3 (other than the Regulatory Allocations), the Managing Member shall make such offsetting special allocations of Company income, gain, loss, loss or deduction in whatever manner it determines to be reasonably 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04Sections 4.1 and 4.2 hereof.

Curative Allocations. The allocations set forth in Section 5.04(b)(iparagraphs (i) through (vi) of Section 5.04(b)(vi1.4(b) and Section 5.04(d1.4(d) (the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c1.4(c). Therefore, notwithstanding any other provision of this Article V Section 1.4 (other than the Regulatory Allocations), the Managing Member Tax Matters Partner shall make such offsetting special allocations of Company JVCO income, gain, loss, or deduction in whatever manner it determines appropriate so that, after such offsetting allocations are made, each MemberShareholder’s Capital Account balance is, to the extent possible, equal to the Capital Account balance such Member Shareholder would have had if the Regulatory Allocations were not part of the Agreement and all Company the JVCO’s items were allocated pursuant to Section 5.041.4(a).

Curative Allocations. The allocations set forth in Section 5.04(b)(i4.4(c)(i) through Section 5.04(b)(vi– 4.4(c)(vii) and Section 5.04(d) hereof (collectively, the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties to this Agreement that, to the extent possible, all Regulatory Allocations shall may be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c4.4(d). Therefore, notwithstanding Notwithstanding any other provision of this Article V Section 4.4 (other than the Regulatory Allocations)) to the contrary, the Managing Tax Matters Member shall may in its sole discretion make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not been part of the this Agreement and all Company items were allocated pursuant to Section 5.044.4(b) hereof.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi4.5(c)(i), (ii), (iii) and Section 5.04(d(iv) (collectively, the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c4.5(c)(iv)(C). Therefore, notwithstanding any other provision provisions of this Article V IV (other than the Regulatory Allocations), the Managing Member Manager shall make such offsetting special allocations of Company income, gain, loss, loss or deduction in whatever manner it determines appropriate 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.044.5(b).

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 5.1(b) and Section 5.04(d5.1(d)(i) and (ii) hereof (collectively, the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties hereto that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c5.1(d)(iii). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory 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 Regulatory Allocations were not part terms of the this Agreement and all Company items were allocated pursuant to Section 5.045.1.

Curative Allocations. The allocations set forth in Section 5.04(b)(i4.1(b) (i) through Section 5.04(b)(vi) and Section 5.04(d(iv) (the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury RegulationsRegulations promulgated under Code Section 704(b). It is the intent of the Members that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, or deduction pursuant to this Section 5.04(c4.1(b)(v). Therefore, notwithstanding any other provision of this Article V Section 4.1 (other than the Regulatory Allocations), the Managing Member Company 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 capital account balance is, to the extent possible, equal to the Capital Account capital account balance such Member would have had if the Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Sections 4.1(a) (other than Section 5.044.1(b)).

Curative Allocations. The allocations set forth in Section 5.04(b)(i5.2(a)(i), Section 5.2(b) through Section 5.04(b)(vi5.2(c)and Section 5.2(c) and Section 5.04(d) hereof (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c5.2(f). Therefore, notwithstanding any other provision of this Article ARTICLE V (other than the Regulatory Allocations), the Managing Member shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the this Agreement and all Company such items were allocated pursuant to Section 5.045.1, Section 5.2(a)(ii), Section 5.2(d) and Section 5.2(e) without regard to the Regulatory Allocations.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c). Therefore, notwithstanding any other provision of this Article V (other than the Regulatory Allocations), the Managing Member shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04.

Curative Allocations. The Except for the allocations set forth in clause (i) of Section 4.04 above, the allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(vi) and Section 5.04(d) 4.04 (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c)4.05. Therefore, notwithstanding any other provision of this Article V IV (other than Section 4.03 and the Regulatory Allocations), the Managing Member Manager shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the this Agreement and all Company items were allocated pursuant to Section 5.04Sections 4.01 and 4.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 5.1(a) and Section 5.04(d5.1(b)(i) and (ii) (collectively, the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties hereto that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c5.1(b)(iii). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory Allocations), the Managing Member Board shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part terms of the this Agreement and all Company items were allocated pursuant to this Section 5.045.1.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 6.3(a), 6.3(b), 6.3(c), 6.3(d), 6.3(e), 6.3(f), 6.3(g) and Section 5.04(d) 6.5 (the “Regulatory 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 Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c)6.4. Therefore, notwithstanding any other provision of this Article V VI (other than the Regulatory Allocations), the Managing Member Board of Managers shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part of the Agreement and all Company items were allocated pursuant to Section 5.04Sections 6.1 and 6.2.

Curative Allocations. The allocations set forth in Section 5.04(b)(i) through Section 5.04(b)(viSections 5.1(a) and Section 5.04(d5.1(b)(i) and 5.1(b)(ii) (collectively, the “Regulatory Allocations”) are intended to comply with certain requirements of the Treasury Regulations. It is the intent of the Members parties hereto that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Company income, gain, loss, loss or deduction pursuant to this Section 5.04(c5.1(b)(iii). Therefore, notwithstanding any other provision of this Article V 5 (other than the Regulatory Allocations), the Managing Member Board shall make such offsetting special allocations of Company income, gain, loss, 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 Regulatory Allocations were not part terms of the this Agreement and all Company items were allocated pursuant to this Section 5.045.1.