Gross Income Allocations. In the event that a deficit balance in a Member's Capital Account at the end of any fiscal year is in excess of the sum of (i) the amount such Member is obligated to restore or contribute to the Company under this Operating Agreement and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xx. 1.704-2(g)(1)(ii) and 1.704-2(i)(5), the Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 5.5(d) shall be made only if and to the extent that the Member would have a deficit balance in its Capital Account in excess of such sum after all other allocations provided for in this Section have been made as if Section 5.5(c) and this Section 5.5(d) were not in this Operating Agreement.
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Samples: Operating Agreement (Husker Ag Processing LLC), Operating Agreement (Husker Ag Processing LLC)
Gross Income Allocations. In the event that a deficit balance in a Member's Capital Account ’s capital account at the end of any fiscal year is in excess of the sum of (i) the amount such Member is obligated to restore or contribute to the Company under this Operating Agreement Agreement, and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xx. §§ 1.704-2(g)(1)(ii) and 1.704-2(i)(5), the Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 5.5(d6.5(d) shall be made only if and to the extent that the Member would have a deficit balance in its Capital Account capital account in excess of such sum after all other allocations provided for in this Section have been made as if Section 5.5(c6.5(c) and this Section 5.5(d6.5(d) were not in this Operating Agreement.
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Samples: Operating Agreement
Gross Income Allocations. In the event that a deficit balance in a Member's ’s Capital Account at the end of any fiscal year is in excess of the sum of (i) the amount such Member is obligated to restore or contribute to the Company under this Operating Agreement and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xx. §§ 1.704-2(g)(1)(ii) and 1.704-2(i)(5), the Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 5.5(d6.5(d) shall be made only if and to the extent that the Member would have a deficit balance in its Capital Account in excess of such sum after all other allocations provided for in this Section have been made as if Section 5.5(c6.5(c) and this Section 5.5(d6.5(d) were not in this Operating Agreement.
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Samples: Operating Agreement
Gross Income Allocations. In the event that a deficit balance in a Member's Capital Account ’s capital account at the end of any fiscal year is in excess of the sum of (i) the amount such Member is obligated to restore or contribute to the Company under this Operating Agreement Agreement, and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xxRegulations
§§ 1. 1.704704-2(g)(1)(ii) and 1.704-2(i)(5), the Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 5.5(d6.5(d) shall be made only if and to the extent that the Member would have a deficit balance in its Capital Account capital account in excess of such sum after all other allocations provided for in this Section have been made as if Section 5.5(c6.5(c) and this Section 5.5(d6.5(d) were not in this Operating Agreement.
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Samples: Operating Agreement
Gross Income Allocations. In the event that a deficit balance in a Member's ’s Capital Account at the end of any fiscal year is in excess of the sum of (i) the amount such Member is obligated to restore or contribute to the Company under this Operating Agreement and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xx. §§ 1.704-2(g)(1)(ii) and 1.704-2(i)(5), the Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 5.5(d6.5(d) shall be made only if and to the extent that the Member would have a deficit balance in its Capital Account capital account in excess of such sum after all other allocations provided for in this Section have been made as if Section 5.5(c6.5(c) and this Section 5.5(d6.5(d) were not in this Operating Agreement.
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Gross Income Allocations. In the event that a deficit balance in a Member's ’s Capital Account at the end of any fiscal tax year is in excess of the sum of (i) the amount such Member is obligated to restore or contribute to the Company under this Operating Agreement and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xx. 1.704-§§ 1.704- 2(g)(1)(ii) and 1.704-2(i)(5), the Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 5.5(d) shall be made only if and to the extent that the Member would have a deficit balance in its Capital Account in excess of such sum after all other allocations provided for in this Section have been made as if Section 5.5(c) and this Section 5.5(d) were not in this Operating Agreement.
Appears in 1 contract
Samples: Operating Agreement
Gross Income Allocations. In the event that any Member has a deficit balance in a Member's its Adjusted Capital Account at the end of any fiscal year Company taxable period which is in excess of the sum of (i) the amount such Member is obligated to restore or contribute pursuant to the Company under any provision of this Operating Agreement and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations xx.xx. sections 1.704-2(g)(1)(ii2(g)(1) and 1.704-2(i)(5), the such Member shall be specially specifically allocated items of Company gross income and gain in the amount of such excess as quickly as possible, ; provided that an allocation pursuant to this Section 5.5(d5.01(g) shall be made only if and to the extent that the such Member would have a deficit balance in its Adjusted Capital Account in excess of such sum after all other allocations provided for in this Section 5.01 have been tentatively made as if Section 5.5(c) and this Section 5.5(d5.01(g) were was not in this Operating the Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (El Paso Energy Partners Lp)