Common use of Establishment and Determination of Capital Accounts Clause in Contracts

Establishment and Determination of Capital Accounts. A capital account ("Capital Account") shall be established for each Member and Economic Owner on the books of the Company initially reflecting an amount equal to such Member's or Economic Owner's initial Capital Contribution pursuant to Section 3.3. Each Member's and Economic Owner's Capital Account shall be (a) increased by any additional Capital Contributions made by such Member or Economic Owner pursuant to the terms of this Agreement and such Member's or Economic Owner's share of items of income and gain allocated to such Member or Economic Owner pursuant to Article V, (b) decreased by such Member's or Economic Owner's share of items of loss, deduction and expense allocated to such Member or Economic Owner pursuant to Article V and any distributions to such Member or Economic Owner of cash or the fair market value of any other property (net of liabilities assumed by such Member or Economic Owner and liabilities to which such property is subject) distributed to such Member or Economic Owner and (c) adjusted as otherwise required by the Code and the regulations thereunder, including but not limited to, the rules of Treasury Regulation Section 1.704-1(b)(2)(iv). Any references in this Agreement to the Capital Account of a Member or an Economic Owner shall be deemed to refer to such Capital Account as the same may be increased or decreased from time to time as set forth above.

Establishment and Determination of Capital Accounts. A capital account ("Capital AccountCAPITAL ACCOUNT") shall be established for each Member and Economic Owner on the books of the Company initially reflecting an amount equal to such Member's or Economic Owner's initial Capital Contribution pursuant to Section 3.3Company. Each Member's and Economic Owner's Capital Account shall be (a) increased by any additional Capital Contributions made by such Member or Economic Owner pursuant to the terms of this Agreement (including, without limitation, the amount of any Default Contributions made by such Member) and such Member's or Economic Owner's share of Profits, the amount of any Company liabilities that are assumed by such Member and any other items of income and gain allocated to such Member or Economic Owner pursuant to Article ARTICLE V, (b) decreased by such Member's or Economic Owner's share of items of lossLoss, deduction and expense allocated to such Member or Economic Owner pursuant to Article V and any distributions to such Member or Economic Owner of cash or the fair market value Fair Market Value of any other Company property (net of liabilities assumed by such Member or Economic Owner and liabilities to which such property is subject) distributed to such Member, the amount of any liabilities of such Member or Economic Owner that are assumed by the Company and any other deduction allocated to such Member pursuant to ARTICLE V, and (c) adjusted as otherwise required by the Code and the regulations thereunder, including but not limited to, the rules of Treasury Regulation Section 1.704-1(b)(2)(iv). Any references in this Agreement to the Capital Account of a Member or an Economic Owner shall be deemed to refer to such Capital Account as the same may be increased or decreased from time to time as set forth above.

Establishment and Determination of Capital Accounts. A capital account ("“Capital Account"”) shall be established for each Member and Economic Owner on the books of the Company initially reflecting an amount equal to such Member's or Economic Owner's initial Capital Contribution pursuant to Section 3.3Company. Each Member's and Economic Owner's ’s Capital Account shall be (a) increased by any additional Capital Contributions made by such Member or Economic Owner pursuant to the terms of this Agreement (including, without limitation, the amount of any Default Contributions made by such Member) and such Member's or Economic Owner's ’s share of Profits, the amount of any Company liabilities that are assumed by such Member and any other items of income and gain allocated to such Member or Economic Owner pursuant to Article V, (b) decreased by such Member's or Economic Owner's ’s share of items of lossLoss, deduction and expense allocated to such Member or Economic Owner pursuant to Article V and any distributions to such Member or Economic Owner of cash or the fair market value Fair Market Value of any other Company property (net of liabilities assumed by such Member or Economic Owner and liabilities to which such property is subject) distributed to such Member, the amount of any liabilities of such Member or Economic Owner that are assumed by the Company and any other deduction allocated to such Member pursuant to Article V, and (c) adjusted as otherwise required by the Code and the regulations thereunder, including but not limited to, the rules of Treasury Regulation Section 1.704-1(b)(2)(iv1 (b)(2)(iv). Any references in this Agreement to the Capital Account of a Member or an Economic Owner shall be deemed to refer to such Capital Account as the same may be increased or decreased from time to time as set forth above.