Common use of FEES TO MEMBERS OR AFFILIATES Clause in Contracts

FEES TO MEMBERS OR AFFILIATES. Notwithstanding the provisions of Section 4.1, in the event that any fees, interest or other amounts paid to any Member or any Affiliate thereof pursuant to this Agreement or any other agreement between the LLC and any Member or Affiliate thereof providing for the payment of such amount, and deducted by the LLC in reliance on Section 707(a) and/or 707(c) of the Code, are disallowed as deductions to the LLC on its federal income tax return and are treated as LLC distributions, then: (i) the Net Profits or Net Losses, as the case may be, for the fiscal year of the LLC in which such fees, interest, or other amounts were paid shall be increased or decreased, as the case may be, by the amount of such fees, interest or other amounts that are treated as LLC distributions; and (ii) there shall be allocated to the Member to which (or to whose Affiliate) such fees, interest or other amounts were paid, prior to the allocations pursuant to Section 4.1, an amount of gross income for such fiscal year equal to the amount of such fees, interest or other amounts that are treated as LLC distributions.

FEES TO MEMBERS OR AFFILIATES. Notwithstanding the provisions of Section 4.14.l, in the event that any fees, interest interest, or other amounts paid to any Member or any Affiliate thereof pursuant to this Agreement or any other agreement between the LLC Company and any Member or Affiliate thereof providing for the payment of such amount, and deducted by the LLC Company in reliance on Section 707(a) and/or 707(c) of the Code, are disallowed as deductions to the LLC Company on its federal income tax return and are treated as LLC Company distributions, then: (i) the Net Profits or Net LossesLoss, as the case may be, for the fiscal year of the LLC Fiscal Year in which such fees, interest, or other amounts were paid shall be increased or decreased, as the case may be, by the amount of such fees, interest interest, or other amounts that are treated as LLC Company distributions; and (ii) there shall be allocated to the Member to which (or to whose Affiliate) such fees, interest interest, or other amounts were paid, prior to the allocations pursuant to Section 4.14.l, an amount of gross income for such fiscal year the Fiscal Year equal to the amount of such fees, interest interest, or other amounts that are treated as LLC Company distributions.

FEES TO MEMBERS OR AFFILIATES. Notwithstanding the provisions of Section 4.1, in the event that any fees, interest interest, or other amounts paid to any Member or any Affiliate thereof pursuant to this Agreement or any other agreement between the LLC and any Member or Affiliate thereof providing for the payment of such amount, and deducted by the LLC in reliance on Section 707(a) and/or 707(c) of the Code, are disallowed as deductions to the LLC on its federal income tax return and are treated as LLC distributions, then: (i) 4.8.1 the Net Profits or Net LossesLoss, as the case may be, for the fiscal year of the LLC Fiscal Year in which such fees, interest, or other amounts were paid shall be increased or decreased, as the case may be, by the amount of such fees, interest interest, or other amounts that are treated as LLC distributions; and (ii) 4.8.2 there shall be allocated to the Member to which (or to whose Affiliate) such fees, interest interest, or other amounts were paid, prior to the allocations pursuant to Section 4.1, an amount of gross income for such fiscal year the Fiscal Year equal to the amount of such fees, interest interest, or other amounts that are treated as LLC distributions.

FEES TO MEMBERS OR AFFILIATES. Notwithstanding the provisions of Section 4.1, in the event that any fees, interest interest, or other amounts paid to any Member or any Affiliate thereof pursuant to this Agreement or any other agreement between the LLC and any Member or Affiliate thereof providing for the payment of such amount, and deducted by the LLC in reliance on Section 707(a) and/or 707(c) of the Code, are disallowed as deductions to the LLC on its federal income tax return and are treated as LLC distributions, then: (ia) the Net Profits or Net LossesLoss, as the case may be, for the fiscal year of the LLC Fiscal Year in which such fees, interest, or other amounts were paid shall be increased or decreased, as the case may be, by the amount of such fees, interest interest, or other amounts that are treated as LLC distributions; and (iib) there shall be allocated to the Member to which (or to whose Affiliate) such fees, interest interest, or other amounts were paid, prior to the allocations pursuant to Section 4.1, an amount of gross income for such fiscal year the Fiscal Year equal to the amount of such fees, interest interest, or other amounts that are treated as LLC distributions.

FEES TO MEMBERS OR AFFILIATES. Notwithstanding the provisions of Section 4.141, in the event that any fees, interest interest, or other amounts paid to any Member or any Affiliate thereof pursuant to this Agreement or any other agreement between the LLC and any Member or Affiliate thereof providing for the payment of such amount, and deducted by the LLC in reliance on Section 707(a) and/or 707(c) of the Code, are disallowed as deductions to the LLC on its federal income tax return and are treated as LLC distributions, then: (i) 4.8.1 the Net Profits or Net LossesLoss, as the case may be, for the fiscal year of the LLC Fiscal Year in which such fees, interest, or other amounts were paid shall be increased or decreased, as the case may be, by the amount of such fees, interest interest, or other amounts that are treated as LLC distributions; and (ii) 4.8.2 there shall be allocated to the Member to which (or to whose Affiliate) such fees, interest interest, or other amounts were paid, prior to the allocations pursuant to Section 4.141, an amount of gross income for such fiscal year the Fiscal Year equal to the amount of such fees, interest interest, or other amounts that are treated as LLC distributions.

FEES TO MEMBERS OR AFFILIATES. Notwithstanding the provisions of Section 4.15.1, in the event that any fees, interest or other amounts paid to any Member or any Affiliate thereof pursuant to this Agreement or any other agreement between the LLC and any Member or Affiliate thereof providing for the payment of such amount, and deducted by the LLC in reliance on Section 707(a) and/or 707(c) of the Code, are disallowed as deductions to the LLC on its federal income tax return and are treated as LLC distributions, then: (i) the Net Profits or Net Losses, as the case may be, for the fiscal year of the LLC in which such fees, interest, or other amounts were paid shall be increased or decreased, as the case may be, by the amount of such fees, interest or other amounts that are treated as LLC distributions; and (ii) there shall be allocated to the Member to which (or to whose Affiliate) such fees, interest or other amounts were paid, prior to the allocations pursuant to Section 4.15.1, an amount of gross income for such fiscal year equal to the amount of such fees, interest or other amounts that are treated as LLC distributions.