Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members. (b) The Board may make such adjustments to the computation of Net Profits or Net Losses, and the allocation thereof to a Member’s Capital Account, or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company and the intended allocation thereof among the Members.
Appears in 24 contracts
Samples: Limited Liability Company Agreement (PNC Alternative Strategies TEDI Fund LLC), Limited Liability Company Agreement (PNC Absolute Return Fund LLC), Limited Liability Company Agreement (PNC Long-Short TEDI Fund LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Net Profits or Net Losses, and the allocation thereof to a Member’s 's Capital Account, or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company and the intended allocation thereof among the Members.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Mercantile Absolute Return Fund LLC), Limited Liability Company Agreement (Mercantile Small Cap Manager Fund LLC), Limited Liability Company Agreement (Mercantile Alternative Strategies Fund LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Net Profits or Net Losses, and the allocation thereof to a Member’s Capital Account, or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company Master Fund and the intended allocation thereof among the Members.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (PNC Alternative Strategies Master Fund LLC), Limited Liability Company Agreement (Mercantile Absolute Return Master Fund LLC), Limited Liability Company Agreement (Mercantile Alternative Strategies Master Fund LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board of Directors unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board of Directors may make such adjustments to the computation of Net Profits or Profit, Net Losses, and the allocation thereof to a Member’s Capital Account, Loss or any components comprising any either of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company and the intended allocation thereof among the Members.
Appears in 4 contracts
Samples: Operating Agreement (PARADIGM Multi Strategy Fund, LLC), Limited Liability Company Agreement (Phoenix LJH Advisors Fund LLC), Operating Agreement (Acp Continuum Return Fund Ii LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board of Directors unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board of Directors may make such adjustments to the computation of Net Profits Profit or Net Losses, and the allocation thereof to a Member’s Capital Account, Loss or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company Fund and the intended allocation thereof among the Members.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Asa Market Neutral Equity Fund LLC), Limited Liability Company Operating Agreement (Asa Managed Futures Fund LLC), Operating Agreement (Asa Hedged Equity Fund LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Net Profits or Net Losses, and the allocation thereof to a Member’s Members Capital Account, or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company Portfolio and the intended allocation thereof among the Members.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Growth Capital TEI Portfolio, LLC), Limited Liability Company Agreement (Growth Capital Portfolio, LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Net Profits or Net Losses, and the allocation thereof to a Member’s Capital Account, or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company and the intended allocation thereof among the Members.any
Appears in 1 contract
Samples: Limited Liability Company Agreement (Mercantile Alternative Strategies Fund LLC)
Determinations by the Board of Directors. (a) All matters concerning the determination and allocation among the Members of the amounts to be determined and allocated pursuant to Article V hereof, including any taxes thereon and accounting procedures applicable thereto, shall be determined by the Board unless specifically and expressly otherwise provided for by the provisions of this Agreement or required by law, and such determinations and allocations shall be final and binding on all the Members.
(b) The Board may make such adjustments to the computation of Net Profits or Net Losses, and the allocation thereof to a Member’s Capital Account, or any components comprising any of the foregoing as it considers appropriate to reflect fairly and accurately the financial results of the Company Master Portfolio and the intended allocation thereof among the Members.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Growth Capital Master Portfolio, LLC)