Effective Dates of Transfers. (i) Transfers of Interests (or interests therein) pursuant to this Section 5.4 may be made on any day, but for purposes of this Agreement, a Transfer shall be deemed to occur at the beginning of the Accounting Period during which such Transfer occurs, if such Transfer occurs on or prior to the fifteenth (15th) day of such Accounting Period, or at the beginning of the Accounting Period immediately following the Accounting Period during which such Transfer occurs, if such Transfer occurs after the fifteenth (15th) day of an Accounting Period, or at such other time determined by the Managing Member pursuant to such convention as may be administratively feasible and consistent with applicable law. (ii) All distributions pursuant to this Agreement attributable to a Transferred Interest (or interest therein): (A) with respect to which the distribution record date determined by the Managing Member is before the date such Transfer is deemed to occur, shall be made to the transferor, and (B) with respect to which the distribution record date determined by the Managing Member is on or after the date such Transfer (other than a pledge, encumbrance, hypothecation or mortgage) is deemed to occur, shall be made to the transferee. (iii) If any Interest (or an interest therein) is deemed to be Transferred on any day other than the first day of a calendar year, then each Tax Item attributable thereto for such year shall be allocated to the transferor and the transferee by taking into account their varying interests during such year in accordance with Section 706(d) of the Code, using any method permitted thereunder selected by the Managing Member.
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Samples: Limited Liability Company Operating Agreement (Secured Real Estate Income Strategies, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC)
Effective Dates of Transfers. (i) Transfers of Interests (or interests therein) in a Series pursuant to this Section 5.4 5.7 may be made on any day, but for purposes of this Agreement, a Transfer shall be deemed to occur at the beginning of the Accounting Period of such Series during which such Transfer occurs, if such Transfer occurs on or prior to the fifteenth (15th) day of such Accounting Period, or at the beginning of the Accounting Period of such Series immediately following the Accounting Period of such Series during which such Transfer occurs, if such Transfer occurs after the fifteenth (15th) day of an Accounting PeriodPeriod of such Series, or at such other time determined by the Managing Member Manager pursuant to such convention as may be administratively feasible and consistent with applicable law.
(ii) All distributions pursuant to this Agreement attributable to a Transferred Interest (or interest therein): (A) with respect to which the distribution record date determined by the Managing Member Manager is before the date such Transfer is deemed to occur, shall be made to the transferor, and (B) with respect to which the distribution record date determined by the Managing Member Manager is on or after the date such Transfer (other than a pledge, encumbrance, hypothecation or mortgage) is deemed to occur, shall be made to the transferee.
(iii) If any Interest (or an interest therein) is deemed to be Transferred on any day other than the first day of a calendar year, then each Tax Item attributable thereto for such year shall be allocated to the transferor and the transferee by taking into account their varying interests during such year in accordance with Section 706(d) of the Code, using any method permitted thereunder selected by the Managing MemberManager.
Appears in 3 contracts
Samples: Operating Agreement (Sow Good Investments, LLC), Operating Agreement (Sow Good Investments, LLC), Operating Agreement (Sow Good Investments, LLC)
Effective Dates of Transfers. (i) Transfers of Interests (or interests therein) in a Series pursuant to this Section 5.4 5.7 may be made on any day, but for purposes of this Agreement, a Transfer shall be deemed to occur at the beginning of the Accounting Period of such Series during which such Transfer occurs, if such Transfer occurs on or prior to the fifteenth (15th) day of such Accounting Period, or at the beginning of the Accounting Period of such Series immediately following the Accounting Period of such Series during which such Transfer occurs, if such Transfer occurs after the fifteenth (15th) day of an Accounting PeriodPeriod of such Series, or at such other time determined by the Managing Member pursuant to such convention as may be administratively feasible and consistent with applicable law.
(ii) All distributions pursuant to this Agreement attributable to a Transferred Interest (or interest therein): (A) with respect to which the distribution record date determined by the Managing Member is before the date such Transfer is deemed to occur, shall be made to the transferor, and (B) with respect to which the distribution record date determined by the Managing Member is on or after the date such Transfer (other than a pledge, encumbrance, hypothecation or mortgage) is deemed to occur, shall be made to the transferee.
(iii) If any Interest (or an interest therein) is deemed to be Transferred on any day other than the first day of a calendar year, then each Tax Item attributable thereto for such year shall be allocated to the transferor and the transferee by taking into account their varying interests during such year in accordance with Section 706(d) of the Code, using any method permitted thereunder selected by the Managing Member.
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Effective Dates of Transfers. (i) Transfers of Interests (Interests, or interests therein) , pursuant to this Section 5.4 5.5 may be made on any day, but for purposes of this Agreement, Agreement a Transfer shall be deemed to occur (A) at the beginning of the Accounting Period during which such Transfer occurs, if such Transfer occurs on or prior to the fifteenth (15th) day of such Accounting Period, or (B) at the beginning of the Accounting Period immediately following the Accounting Period during which such Transfer occurs, if such Transfer occurs after the fifteenth (15th) day of an Accounting Period, or (C) at such other time determined by the Managing Member Manager pursuant to such convention as may be administratively feasible and consistent with applicable law.
(ii) All distributions pursuant to this Agreement Section 6.6 attributable to a Transferred Interest (or interest therein): therein (A) with respect to which the distribution record date determined by the Managing Member Manager is before the date such Transfer is deemed to occur, shall be made to the transferor, and (B) with respect to which the distribution record date determined by the Managing Member Manager is on or after the date such Transfer (other than a pledge, encumbrance, hypothecation or mortgage) is deemed to occur, shall be made to the transferee.
(iii) If any Interest (Interest, or an any interest therein) , is deemed to be Transferred on any day other than the first day of a calendar year, then each Tax Item Items (and components thereof) attributable thereto for such year shall be allocated to the transferor and the transferee by taking into account their varying interests during such year in accordance with Section 706(d) of the Code, using any method permitted thereunder selected by the Managing MemberManager.
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Samples: Limited Liability Company Agreement