Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's share of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' interests in Company profits are in proportion to their Percentage Interests.
Appears in 6 contracts
Samples: Operating Agreement (Sterling Construction Co Inc), Operating Agreement (Wynn Resorts LTD), Limited Liability Company Agreement (Charter Communications Inc /Mo/)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3)) of the Regulations, the Members' ’ interests in Company profits the Company’s Profits are in proportion to their Percentage InterestsLLC Percentages.
Appears in 6 contracts
Samples: Limited Liability Company Operating Agreement (Decrane Aircraft Holdings Inc), Limited Liability Company Operating Agreement (Decrane Holdings Co), Limited Liability Company Operating Agreement (Decrane Holdings Co)
Excess Nonrecourse Liabilities. Solely Pursuant to, and to the extent relevant under, Section 1.752-3(a)(3) of the Regulations, Members’ interests in the Company profits for purposes of determining a Member's share the Members’ proportionate shares of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations liabilities (as defined in Section 1.752-3(a)(3), ) of the Members' interests Regulations) of the Company shall be determined in Company profits are in proportion to accordance with their respective Percentage Interests.
Appears in 6 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (PennyMac Financial Services, Inc.), Limited Liability Company Agreement (ZAIS Group Holdings, Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' interests each Member’s interest in Company profits are in proportion to their Percentage Interestsshall be allocated based on the such Member’s Participation Percentage.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Agreement (Carey Watermark Investors 2 Inc), Limited Liability Company Agreement (Carey Watermark Investors 2 Inc)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' interests each Member’s interest in Company profits are in proportion to their Percentage Interestsshall be such Member’s Participation Percentage.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Carey Watermark Investors Inc), Limited Liability Company Operating Agreement (Carey Watermark Investors Inc), Limited Liability Company Operating Agreement (Carey Watermark Investors Inc)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s share of the "“excess nonrecourse liabilities" ” of the Company Company, within the meaning of Regulations Treasury Regulation Section 1.752-3(a)(3), the Members' ’ interests in Company profits are in proportion to the number and type of their Percentage InterestsUnits.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (PGA Holdings, Inc.), Limited Liability Company Agreement (PGA Holdings, Inc.), Limited Liability Company Agreement (Civitas Solutions, Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Treasury Regulations Section 1.752-3(a)(3), the Members' ’ interests in Company profits are in proportion to their Percentage Interests.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's share of To the "extent that the Company’s “excess nonrecourse liabilities" of the Company ” within the meaning of Regulations Section 1.752-3(a)(3)) are allocated among the Members in accordance with their interests in Company profits, the Members' ’ interests in Company profits are are, solely for purposes of making such allocation, in proportion to their Percentage Interests.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Time Warner Cable Information Services (Texas), LLC), Limited Liability Company Agreement (Charter Communications Inc /Mo/), Limited Liability Company Agreement (Charter Communications Inc /Mo/)
Excess Nonrecourse Liabilities. Solely for For purposes of determining a Member's ’s proportional share of the "Company’s “excess nonrecourse liabilities" of the Company ” within the meaning of Regulations Section 1.752-3(a)(3), the Members' interests each Member’s interest in Company profits are in proportion to their Net Profits shall be such Member’s Percentage InterestsInterest.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Onconova Therapeutics, Inc.)
Excess Nonrecourse Liabilities. Solely for For purposes of determining a Member's proportionate share of the "excess nonrecourse liabilities" of the Company within the meaning of Treasury Regulations Section 1.752-3(a)(3), the Members' interests each Member's interest in Company profits are in proportion shall be deemed to their be equal to such Member's Percentage InterestsInterest.
Appears in 2 contracts
Samples: Operating Agreement (Insight Communications Co Inc), Operating Agreement (Insight Communications Co Inc)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's proportionate share of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations Regulation Section 1.752-3(a)(3), the Members' interests in Company profits are in proportion to based upon their Percentage Interestsrespective Member Percentages.
Appears in 2 contracts
Samples: Operating Agreement (China Direct Trading Corp), Operating Agreement (China Direct Trading Corp)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' interests Member’s Interest in Company profits Profits are as provided for in proportion to their Percentage InterestsSection 12.1.
Appears in 2 contracts
Samples: Company Agreement (Firepond, Inc.), Company Agreement (FP Tech Holdings, LLC)
Excess Nonrecourse Liabilities. Solely for For purposes of determining a Member's the Members’ proportionate share of the "“excess nonrecourse liabilities" ,” if any, of the Company within the meaning of Regulations Section § 1.752-3(a)(3)) for any Allocation Period, the Members' ’ respective interests in Company profits are “profits” shall be in proportion to their Percentage Intereststhe same proportions that the Members share Profits during such Allocation Period.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Direct Digital Holdings, Inc.), Limited Liability Company Agreement (Direct Digital Holdings, Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's proportionate share of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations Section 1.752-3(a)(3)) of the Income Tax Regulations, the Members' interests in Company profits are shall be (with the Members intending to satisfy the reasonable consistency requirement contained in the Allocation Regulations) in proportion to their respective Percentage Interests.
Appears in 1 contract
Samples: Limited Liability Company Agreement (M I Schottenstein Homes Inc)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section § 1.752-3(a)(3), the Members' interests ’ interest in Company profits the Company’s Profits are in proportion to their Percentage Interests.
Appears in 1 contract
Samples: Operating Agreement (KonaTel, Inc.)
Excess Nonrecourse Liabilities. Solely for For purposes of determining a Member's ’s proportional share of the "Company’s “excess nonrecourse liabilities" of the Company ” within the meaning of Regulations Section 1.752-3(a)(3), the Members' each Member’s interests in Company profits are in proportion to their Net Profits shall be such Member’s Percentage InterestsInterest.
Appears in 1 contract
Samples: Joint Venture and Operating Agreement (Rentech Inc /Co/)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3)) of the Regulations, the Members' ’ interests in Company the Company’s profits are in proportion to their Percentage Non-Voting Capital Stock Interests.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Wheeling Pittsburgh Corp /De/)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's share of To the extent that the Company’s "excess nonrecourse liabilities" of the Company within the meaning of Regulations Section 1.752-3(a)(3)) are allocated among the Members in accordance with their interests in Company profits, the Members' ’ interests in Company profits are are, solely for purposes of making such allocation, in proportion to their Percentage Interests.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Charter Communications Inc /Mo/)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's proportionate share of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations Section Regulation § 1.752-3(a)(3), the Members' interests in Company the Company's profits are shall be as provided in proportion to their Percentage InterestsSection 9.1.1.
Appears in 1 contract
Samples: Operating Agreement
Excess Nonrecourse Liabilities. Solely for purposes For the purpose of determining a each Member's ’s share of the "excess nonrecourse liabilities" liabilities of the Company, and solely for such purpose, each Member’s interest in Company within profits shall be reasonably determined by the meaning of Managing Member in accordance with Internal Revenue Service authority interpreting Regulations Section 1.752-3(a)(3), the Members' interests in Company profits are in proportion to their Percentage Interests.
Appears in 1 contract
Excess Nonrecourse Liabilities. Solely for purposes For the purpose of determining a each Member's ’s share of the "“excess nonrecourse liabilities" ,” if any, of the Company within the meaning of Regulations Section 1.752-3(a)(3) and 1.707-5(a)(2)(ii), and solely for such purpose, the Members' ’ interests in Company profits are shall be determined, pro rata, in proportion to their Percentage InterestsInterest.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Wright Investors Service Holdings, Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's share of To the "extent that the Company’s “excess nonrecourse liabilities" of the Company ” within the meaning of Regulations Section 1.752-3(a)(3)) are allocated among the Members in accordance with their interests in Company profits, the Members' ’ interests in Company profits are are, solely for purposes of making such allocation, in proportion to their Percentage Intereststhe respective number of Units held by them.
Appears in 1 contract
Samples: Project Management Agreement (Pinnacle Entertainment Inc)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's proportionate share of the "excess nonrecourse liabilities" of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' Member's interests in the Company profits are in proportion equal their respective Percentage Interests determined from time to their Percentage Intereststime.
Appears in 1 contract
Samples: Operating Agreement (American Shared Hospital Services)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's share the Members’ proportionate shares of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(31.752 -3(a)(3), the Members' ’ interests in Company profits are Profits shall be in proportion to their Percentage Interests.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Global Green Solutions Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's ’s proportionate share of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' ’ interests in Company profits Profits are in proportion to their Percentage Interests.
Appears in 1 contract
Excess Nonrecourse Liabilities. Solely for purposes For the purpose of determining a each Member's ’s share of the "“excess nonrecourse liabilities" ,” if any, of the Company within the meaning of Regulations Section 1.752-3(a)(3) and 1.707-5(a)(2)(ii), and solely for such purpose, the Members' ’ interests in Company profits are will be determined, pro rata, in proportion to their Percentage Interestsrespective rights to distributions under Section 8.1.1(a)(ii).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Vinco Ventures, Inc.)
Excess Nonrecourse Liabilities. Solely for purposes of determining a Member's share the Members’ proportionate shares of the "“excess nonrecourse liabilities" ” of the Company within the meaning of Regulations Section 1.752-3(a)(3), the Members' ’ interests in Company profits are Profits shall be in proportion to their Percentage Interests.
Appears in 1 contract
