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. The Capital Account of each Member shall consist of his, her or its initial Capital Contribution and shall be (i) increased by (a) any additional Capital Contributions made by such Member pursuant to the terms of this Agreement, (b) the amount of any Company liabilities that are assumed by such Member, and (c) such Member’s share of Profits allocated to such Member pursuant to Section 9.4, (ii) decreased by (a) such Member’s share of Losses allocated to such Member pursuant to Section 9.4 and (b) any Distributions to such Member (net of liabilities assumed by such Member and liabilities to which such property is subject) distributed to such Member and (iii) 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 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.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (TriLinc Global Impact Fund LLC), Limited Liability Company Operating Agreement (TriLinc Global Impact Fund LLC), Limited Liability Company Operating Agreement (TriLinc Global Impact Fund LLC)

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Establishment and Determination of Capital Accounts. A capital account (“Capital Account”"CAPITAL ACCOUNT") shall be established for each Member. The Capital Account of each Member shall consist of his, her or its initial Capital Contribution and shall be (ia) increased by (ai) any additional Capital Contributions made by such Member pursuant to the terms of this Agreement, (b) the amount of any Company liabilities that are assumed by such Member, Agreement and (cii) such Member’s 's share of items of Profits allocated to such Member pursuant to Section 9.4Article V, (iib) decreased by (ai) such Member’s 's share of items of Losses allocated to such Member pursuant to Section 9.4 Article V and (bii) any Distributions to such Member of cash or the fair market value of any other property (net of liabilities assumed by such Member and liabilities to which such property is subject) distributed to such Member and (iiic) adjusted as otherwise required by the Code and the regulations thereunder, including but not limited to, the rules Rules of Treasury Regulation Section 1.704-1(b)(2)(iv). Any references in this Agreement to the Capital Account of a Member shall be deemed to refer to such Capital Account Account, as the same may be increased or decreased from time to time as set forth above.

Appears in 1 contract

Samples: Operating Agreement (Mobile Medic Ambulance Service Inc)

Establishment and Determination of Capital Accounts. A capital account (“Capital AccountCAPITAL ACCOUNT”) shall be established for each Member. The Capital Account of each Member shall consist of his, her or its initial Capital Contribution and shall be (ia) increased by (ai) any additional Capital Contributions made by such Member pursuant to the terms of this Agreement, (b) the amount of any Company liabilities that are assumed by such Member, Agreement and (cii) such Member’s share of items of Profits allocated to such Member pursuant to Section 9.4Article V, (iib) decreased by (ai) such Member’s share of items of Losses allocated to such Member pursuant to Section 9.4 Article V and (bii) any Distributions to such Member of cash or the fair market value of any other property (net of liabilities assumed by such Member and liabilities to which such property is subject) distributed to such Member and (iiic) adjusted as otherwise required by the Code and the regulations thereunder, including but not limited to, the rules Rules of Treasury Regulation Section 1.704-1(b)(2)(iv). Any references in this Agreement to the Capital Account of a Member shall be deemed to refer to such Capital Account Account, as the same may be increased or decreased from time to time as set forth above.

Appears in 1 contract

Samples: Operating Agreement (River Medical Inc)

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Establishment and Determination of Capital Accounts. A capital account (“Capital Account”) shall be established for each Member. The Capital Account Owner on the books of each Member shall consist of his, her or its the Company initially reflecting an amount equal to such Owner’s initial Capital Contribution and pursuant to Section 3.3. Each Owner’s Capital Account shall be (ia) increased by (a) any additional Capital Contributions made by such Member Owner pursuant to the terms of this AgreementAgreement and such Owner’s share of items of income and gain allocated to such Owner pursuant to Article V, (b) the amount of any Company liabilities that are assumed decreased by such Member, and (c) such MemberOwner’s share of Profits items of loss, deduction and expense allocated to such Member Owner pursuant to Section 9.4, (ii) decreased by (a) such Member’s share of Losses allocated Article V and any distributions to such Member pursuant to Section 9.4 and (b) Owner of cash or the fair market value of any Distributions to such Member other property (net of liabilities assumed by such Member Owner and liabilities to which such property is subject) distributed to such Member Owner and (iiic) adjusted as otherwise required by the Code and the regulations thereunder, including 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 an 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.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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