Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix).
Appears in 3 contracts
Samples: Operating Agreement (Energy Conversion Devices Inc), Limited Liability Company Agreement (Energy Conversion Devices Inc), Limited Liability Company Agreement (Energy Conversion Devices Inc)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Managers will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix5.2(c)(8).
Appears in 3 contracts
Samples: Company Agreement (Golfsmith International Holdings Inc), Company Agreement (Golfsmith International Holdings Inc), Company Agreement (Golfsmith International Holdings Inc)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.7041.701-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Managers will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix5.2(c)(8).
Appears in 2 contracts
Samples: Company Agreement (Golfsmith International Holdings Inc), Company Agreement (Golfsmith International Holdings Inc)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Managers will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix6.2(c)(8).
Appears in 2 contracts
Samples: Company Agreement (Golfsmith International Holdings Inc), Company Agreement (Golfsmith International Holdings Inc)
Interest in Company. Notwithstanding any other provision of ------------------- this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Managers will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix5.2(c)(8).. -----------------
Appears in 2 contracts
Samples: Company Agreement (Fiber Glass Systems Lp), Company Agreement (Fiber Glass Systems Lp)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "“economic effect" ” under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's ’s interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Managing Directors will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix9.2(b)(9).
Appears in 1 contract
Samples: Joint Venture Formation and Limited Liability Company Investment Agreement (American Well Corp)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "“economic effect" ” under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's ’s interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv1.704¬1(b)(3). The Management Committee will have the authority to Managers may reallocate any item in accordance with this Section 4.2(c)(ix5.2(c)(9).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Greenbrier Companies Inc)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1.704- 1(b)(4)(iv). The Management Committee Manager will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix7.2(c)(9).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Camden Property Trust)
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "“economic effect" ” under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's ’s interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Managers will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix5.2(c)(8).
Appears in 1 contract
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss Losses or item of Profit income, gain, loss or Loss deduction will be made to a Member if the allocation would not have "“economic effect" ” under Treasury Regulations Section 1.704-1.704- 1(b)(2)(ii) ), or otherwise would not be in accordance with the such Member's interest in the ’s Company Interest within the meaning of Treasury Regulations Section Sections 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Manager will have the authority to reasonably reallocate any item in accordance with this Section 4.2(c)(ix4.01.3(h).
Appears in 1 contract
Samples: Company Agreement
Interest in Company. Notwithstanding any other provision of this Agreement, no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "“economic effect" ” under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's ’s interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee will have the authority to Board may reallocate any item in accordance with this Section 4.2(c)(ix5.2(c)(9).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Greenbrier Companies Inc)
Interest in Company. Notwithstanding any other provision of this AgreementAgreement (other than Section 5.2(a), which shall be controlling over this Section 5.2(d)(8)), no allocation of Profit or Loss or item of Profit or Loss will be made to a Member if the allocation would not have "economic effect" under Treasury Regulations Section 1.704-1(b)(2)(ii) or otherwise would not be in accordance with the Member's interest in the Company within the meaning of Treasury Regulations Section 1.704-1(b)(3) or 1.704-1(b)(4)(iv). The Management Committee Manager will have the authority to reallocate any item in accordance with this Section 4.2(c)(ix5.2(d)(8).
Appears in 1 contract
Samples: Limited Liability Company Agreement (At Track Communications Inc)