Common use of Depreciation Recapture Clause in Contracts

Depreciation Recapture. Subject to the provisions of Section 704€ of the Code and Sections 8.1.2 – 8.1.4, inclusive, of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 4 contracts

Samples: Operating Agreement (Brookwood Fenton Investments LLC), Operating Agreement (Brookwood Fenton Investments LLC), Operating Agreement (Brookwood Fenton Investments LLC)

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Depreciation Recapture. Subject to the provisions of Section 704€ 704(c) of the Code and Sections 8.1.2 – 8.1.4, inclusive, of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 2 contracts

Samples: Operating Agreement (NextPlay Technologies Inc.), Operating Agreement (Monaker Group, Inc.)

Depreciation Recapture. Subject to the provisions of Section 704€ 704(c) of the Code and Sections 8.1.2 subsections 7.1.2 8.1.47.1.4, inclusive, of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Depreciation Recapture. Subject to the provisions of Section 704€ 704(c) of the Code and Sections 8.1.2 subsections 9.1.2 8.1.49.1.4, inclusive, of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 1 contract

Samples: Operating Agreement (Xiv-I Invest 1, LLC)

Depreciation Recapture. Subject to the provisions of Section 704€ 704(c) of the Code and Sections 8.1.2 Section 7.01(b) 8.1.4Section 7.01(d), inclusive, inclusive of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 1 contract

Samples: Operating Agreement

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Depreciation Recapture. Subject to the provisions of Section 704€ section 704(c) of the Code and Sections 8.1.2 – 8.1.4, inclusive, of this Agreementsubsections 1.1(b) through (d) hereof, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company Joint Venture property, which is subject to depreciation recapture, shall be allocated to the Member Partner who was entitled to deduct such depreciation.

Appears in 1 contract

Samples: Joint Venture Agreement (Casino America Inc)

Depreciation Recapture. Subject to the provisions of Section 704€ 704(c) of the Code and Sections 8.1.2 – 8.1.4Subsection 9.1.2, Subsection 9.1.3, and Subsection 9.1.4, inclusive, of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 1 contract

Samples: Operating Agreement (Benchmark Real Estate Investment Fund, LLC)

Depreciation Recapture. Subject to the provisions of Section 704€ 704(c) of the Code and Sections 8.1.2 – 8.1.4, inclusive, of this Agreement, gain recognized (or deemed recognized under the provisions hereof) upon the sale or other disposition of Company property, which is subject to depreciation recapture, shall be allocated to the Member who was entitled to deduct such depreciation.

Appears in 1 contract

Samples: Operating Agreement (Real Street Build-to-Rent Fund I, LLC)

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