Common use of GAIN CHARGEBACK Clause in Contracts

GAIN CHARGEBACK. Notwithstanding the general rule stated in 4.2 but --------------- subject to the prior application of the minimum gain chargeback rule stated in 4.4, Profits of the Company incident to Dissolution and Liquidation will be allocated among the Members in the following order and priority: [a] if any Members have negative Capital Account balances, to such Members in proportion to and to the extent of such negative balances until all such negative balances are eliminated; and [b] the balance to the Members in proportion to their Ownership Interests.

GAIN CHARGEBACK. Notwithstanding the general rule on allocation of Profits stated in 4.2 4.2(a) but --------------- subject to the prior application of the minimum gain chargeback rule stated in 4.4, Profits of the Company incident to Dissolution and Liquidation will be allocated among the Members in the following order and priority: [(a] ) if any Members have negative Capital Account balances, to such Members in proportion to and to the extent of such negative balances until all such negative balances are eliminated; (b) to the Members, to the extent required to cause the Capital Accounts of the Members to be in proportion to their respective Ownership Interests; and [b] (c) the balance to the Members in proportion to their Ownership Interests.

GAIN CHARGEBACK. Notwithstanding the general rule stated in 4.2 4.2[a] --------------- but --------------- subject to the prior application of the minimum gain chargeback rule stated in 4.4, Profits of the Company incident to Dissolution and Liquidation will be allocated among the Members in the following order and priority: [a] if any Members have negative Capital Account balances, to such Members in proportion to and to the extent of such negative balances until all such negative balances are eliminated; [b] if the allocations to the Company described in 4.2[a][i] have not been completed, to the Fox Member until completion of such allocations; and [bc] the balance to the Members in proportion to their Ownership Interests.

GAIN CHARGEBACK. Notwithstanding the general rule stated in 4.2 4.2[a] but --------------- subject to the prior application of the minimum gain chargeback rule stated in 4.4, Profits of the Company incident to Dissolution and Liquidation will be allocated among the Members in the following order and priority: [a] if any Members have negative Capital Account balances, to such Members in proportion to and to the extent of such negative balances until all such negative balances are eliminated; [b] if the allocations to the Company described in 4.2[a][i] have not been completed, to the Fox Member until completion of such allocations; and [bc] the balance to the Members in proportion to their Ownership Interests.