Common use of Division Among Members Clause in Contracts

Division Among Members. If there is a change in the number of Shares held by a Member during a fiscal year of the Company, any allocations pursuant to this Article 10 shall be made so as to take into account the varying interests of the Members during the period to which the allocation relates, using the interim closing of the books method for determining such allocations, or upon the unanimous agreement of the Members (including any former Member affected by such allocations), using any method for determining such allocations that is provided in IRC 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Operating Agreement (Texas Roadhouse, Inc.)

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Division Among Members. If there is a change in the number of Shares held by a Member Member’s Interest during a fiscal year of the Company, any allocations pursuant to this Article 10 shall be made so as to take into account the varying interests of the Members during the period to which the allocation relates, using the interim closing of the books method for determining such allocations, or upon the unanimous agreement of the Members (including any former Member affected by such allocations), using any method for determining such allocations that is provided in IRC 706(d§ 706 (d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Limited Liability Company Agreement (TCH Coal Co)

Division Among Members. If there is a change in the number a Member’s ownership of Shares held by a Member Units during a fiscal year of the Company, any allocations pursuant to this Article 10 ARTICLE 9 shall be made so as to take into account the varying interests of the Members during the period to which the allocation relates, using the interim closing of the books method for determining such allocations, or upon the unanimous agreement of the Members (including any former Member affected by such allocations), using any method for determining such allocations that is provided in IRC § 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Operating Agreement (Sunwin International Neutraceuticals, Inc.)

Division Among Members. If there is a change in the number a Member’s ownership of Shares held by a Member Units during a fiscal year of the Company, any allocations pursuant to this Article 10 shall be made so as to take into account the varying interests of the Members during the period to which the allocation relates, using the interim closing of the books method for determining such allocations, or upon the unanimous agreement of the Members (including any former Member affected by such allocations), using any method for determining such allocations that is provided in IRC IIRC § 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Operating Agreement (Cinergy Corp)

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Division Among Members. If there is a change in the number of Shares held by a Member Member's Interest ---------------------- during a fiscal year of the Company, any allocations pursuant to this Article 10 shall be made so as to take into account the varying interests of the Members during the period to which the allocation relates, using the interim closing of the books method for determining such allocations, or upon the unanimous agreement of the Members (including any former Member affected by such allocations), using any method for determining such allocations that is provided in IRC (S) 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Operating Agreement (Princess Beverly Coal Holding Co Inc)

Division Among Members. If there is a change in the number of Shares held by a Member Member's Interest during a fiscal year of the Company, any allocations pursuant to this Article 10 shall be made so as to take into account the varying interests Interests of the Members during the period to which the allocation relates, using the interim closing of the books method for determining such allocations, or upon the unanimous agreement of the Members (including any former Member affected by such allocations), using any method for determining such allocations that is provided in IRC Section 706(d) and the Treasury Regulations promulgated thereunder.

Appears in 1 contract

Samples: Operating Agreement (NTS Realty Holdings Lp)

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