Common use of Interest Holder Minimum Gain Chargeback Clause in Contracts

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Liability during any Company Fiscal Year, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to that Interest Holder’s share of the net decrease in the Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a), and prior to any other allocation under this section 5.3. Allocations of gross income and gain under this section 5.3(b) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Liabilities to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s other items of income and gain for the Fiscal Year. It is the intent of the parties that any allocation under this section 5.3(b) shall constitute a “minimum gain chargeback” under Regulation Section 1.704-2(i).

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Treasury Regulations Section 1.704-2(i)(4), if, during any taxable year, there is a net decrease in Interest Holder Minimum Gain attributable to an a Interest Holder Non-recourse Nonrecourse Liability during any Company Fiscal Yeartaxable year, each Interest Holder Member who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Nonrecourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year taxable year (and, if necessary, subsequent Fiscal Yearstaxable years) in an amount equal to that Interest Holder’s Member's share of the net decrease in the Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a), Section 9.5(a) and prior to any other allocation under this section 5.3Section 9.5. Allocations of gross income and gain under this section 5.3(bSection 9.5(b) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Liabilities Nonrecourse Liabilities, to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s 's other items of income and gain for the Fiscal Yeartaxable year. It is the intent of the parties that any allocation under this section 5.3(bSection 9.5(b) shall constitute a “"minimum gain chargeback” " under Regulation Treasury Regulations Section 1.704-2(i), and this provision shall be interpreted consistently therewith.

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Nonrecourse Liability during any Company Fiscal Year, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Nonrecourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year (and, if If necessary, subsequent Fiscal Years) in an amount equal to that Interest Holder’s share of the net decrease in the Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a), and prior to any other allocation under this section 5.3. Allocations of gross income and gain under this section 5.3(b) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Nonrecourse Liabilities to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s other items of income and gain for the Fiscal Year. It is the intent of the parties that any allocation under this section 5.3(b) shall constitute a “minimum gain chargeback” under Regulation Section 1.704-2(i).

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, during any taxable year, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Liability during any Company Fiscal YearLoan Nonrecourse Deductions, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder NonLoan Nonrecourse Deduction, determined in accordance with Regulation Section 1.704-recourse Liability 2(i)(5), prior to any other allocation pursuant to this Section 4, shall be specially allocated items of gross income and gain for such Fiscal Year taxable year (and, if necessary, subsequent Fiscal Yearstaxable years) in an amount equal to that Interest Holder’s share of the net decrease in the of Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(aGain attributable to such Interest Holder Loan Nonrecourse Deduction, computed in accordance with Regulation Section 1.704-2(i)(4), and prior to any other allocation under this section 5.3. Allocations of gross income and gain under pursuant to this section 5.3(bSection 4(c)(iii) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Liabilities nonrecourse liabilities (within the meaning of the Regulations promulgated under Code Section 752), to the extent of the Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-pro rata portion of the Company’s other items of income and gain for the Fiscal Yeartaxable year. It is the intent of the parties hereto that any allocation under pursuant to this section 5.3(bSection 4(c)(iii) shall constitute a “minimum gain chargeback” under Regulation Section 1.704-2(i2(i)(4).

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Liability during any Company Fiscal Year, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to that Interest Holder’s share of the net decrease in the Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a), and prior to any other allocation under this section 5.3. Allocations of gross income and gain under this section 5.3(b) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Nonrecourse Liabilities to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s other items of income and gain for the Fiscal Year. It is the intent of the parties that any allocation under this section 5.3(b) shall constitute a “minimum gain chargeback” under Regulation Section 1.704-2(i).

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Treasury Regulations Section 1.704-2(i)(4), if, during any taxable year, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Nonrecourse Liability during any Company Fiscal Yeartaxable year, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Nonrecourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year taxable year (and, if necessary, subsequent Fiscal Yearstaxable years) in an amount equal to that Interest Holder’s 's share of the net decrease in the Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a), Section 9.5(a) and prior to any other allocation under this section 5.3Section 9.5. Allocations of gross income and gain under this section 5.3(bSection 9.5(b) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Liabilities Nonrecourse Liabilities, to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s 's other items of income and gain for the Fiscal Yeartaxable year. It is the intent of the parties that any allocation under this section 5.3(bSection 9.5(b) shall constitute a “"minimum gain chargeback” " under Regulation Treasury Regulations Section 1.704-2(i), and this provision shall be interpreted consistently therewith.

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, during any taxable year, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Nonrecourse Liability during any Company Fiscal Yeartaxable year, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Nonrecourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year taxable year (and, if necessary, subsequent Fiscal Yearstaxable years) in an amount equal to that Interest Holder’s 's share of the net decrease in the Interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a)Section 4.4.1, and prior to any other allocation under this section 5.3Section 4.4. Allocations of gross income and gain under this section 5.3(b) Section 4.4.2 shall be made first from gain recognized from the disposition of the Company assets subject to Interest Holder Non-recourse Nonrecourse Liabilities to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s 's other items of income and gain for the Fiscal Yeartaxable year. It is the intent of the parties that any allocation under this section 5.3(b) Section 4.4.2 shall constitute a “"minimum gain chargeback” " under Regulation Section 1.704-2(i).

Interest Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, there is a net decrease in Interest Holder Minimum Gain attributable to an Interest Holder Non-recourse Liability during any Company Fiscal Year, each Interest Holder who has a share of the Interest Holder Minimum Gain attributable to such Interest Holder Non-recourse Liability shall be specially allocated items of gross income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to that Interest Holder’s share of the net decrease in the Interest interest Holder Minimum Gain. This allocation shall be made after the allocation under section 5.3(a), and prior to any other allocation under this section 5.3. Allocations of gross income and gain under this section 5.3(b) shall be made first from gain recognized from the disposition of Company assets subject to Interest Holder Non-recourse Nonrecourse Liabilities to the extent of Interest Holder Minimum Gain attributable to those assets, and thereafter, from a pro-rata portion of the Company’s other items of income and gain for the Fiscal Year. It is the intent of the parties that any allocation under this section 5.3(b) shall constitute a “minimum gain chargeback” under Regulation Section 1.704-2(i).