Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.
Appears in 6 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (PennyMac Financial Services, Inc.), Limited Liability Company Agreement (ZAIS Group Holdings, Inc.)
Member Minimum Gain Chargeback. Except as otherwise If a Member suffers a net decrease in “partner nonrecourse debt minimum gain” (within the meaning of Section 1.704-2(i)(4) of the Regulations) in any Fiscal Year, then that Member will be allocated items of income and gain to the extent required by Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Federated National Holding Co), Limited Liability Company Agreement (Intrexon Corp), Contribution and Formation Agreement (Cousins Properties Inc)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during any fiscal year there is a net decrease in Member Nonrecourse Non-recourse Debt Minimum Gainminimum gain, any Member with a share of that Member Nonrecourse Non-recourse Debt Minimum Gain minimum gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s 's share of such the net decrease in the Member Non-recourse Debt minimum gain in accordance with Regulations Section 1.704-2(i) of the Regulations).
Appears in 3 contracts
Samples: Operating Agreement (InSight Imaging Services Corp.), Operating Agreement (InSight Imaging Services Corp.), Operating Agreement (InSight Imaging Services Corp.)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a taxable year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s 's share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Minnesota Corn Processors LLC), Limited Liability Company Agreement (Corn Products International Inc)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a taxable year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section Sec. 1.704-2(i)(5) of the Regulations) as of the beginning of the year must shall be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section Sec. 1.704-2(i) of the Regulations and other applicable Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Green Plains Partners LP), Limited Liability Company Agreement (Delek Logistics Partners, LP)
Member Minimum Gain Chargeback. Except as otherwise required by Notwithstanding any other provision of this Section 1.704-2(i)(4) of the Regulations3 except Section 3.3.1, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Minimum Gainduring any Company fiscal year, any each Member with who has a share of that the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined under in accordance with Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must , will be specially allocated items of Company income and gain for the such year (and, if necessary, for succeeding subsequent years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.)
Appears in 2 contracts
Samples: Operating Agreement (Life Time Fitness Inc), Operating Agreement (Life Time Fitness Inc)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a taxable year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (SS&C Technologies Holdings Inc)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) If during a tax year of the Regulations, if Company there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section §1.704-2(i)(5) of the Regulations) as of the beginning of the year must shall be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section §1.704-2(i) of the Regulations and other applicable Regulations.
Appears in 1 contract
Member Minimum Gain Chargeback. Except as otherwise required by provided in Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gainminimum gain attributable to a Member nonrecourse debt during the year, any each Member with a share of that the Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must minimum gain shall be specially allocated items of Company income and gain for the year (and, if necessary, for succeeding subsequent fiscal years) equal to that such Member’s 's share of the decrease in Member minimum gain attributable to such net decrease Member, determined in accordance with Section 1.704-2(i2(i)(4) of the Regulations. This allocation shall be defined, interpreted, and determined in accordance with applicable Regulations.
Appears in 1 contract
Member Minimum Gain Chargeback. Except as otherwise required by provided ------------------------------ in Regulations Section 1.704-2(i)(4) of the Regulationsor in Section 6.3.A(1) hereof, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Minimum Gainduring any Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined under in accordance with Regulations Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must ), shall be specially allocated items of Company income and gain for the such year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.,
Appears in 1 contract
Samples: Limited Liability Company Agreement (Bre Properties Inc /Md/)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Fiscal Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (as determined under Regulations Section 1.704-2(i)(5) of the Regulations1.7042(i)(5)) as of the beginning of the year must be allocated items of Company income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section Regulations Sections 1.704-2(i) of the Regulationsand (j).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Pepsi Bottling Group Inc)
Member Minimum Gain Chargeback. Except as otherwise If a Member suffers a net decrease in "partner nonrecourse debt minimum gain" (within the meaning of Section 1.704-2(i)(4) of the Regulations) in any tax year, then that Member will be allocated items of income and gain to the extent required by Section 1.704-2(i)(4) of the Regulations, if there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Glimcher Realty Trust)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Taxable ------------------------------ Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s 's share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Endo Pharma LLC)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Taxable Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Treasury Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Treasury Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (FanSided Inc.)
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (determined under Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must be allocated items of income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.
Appears in 1 contract
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) Notwithstanding any other provision of the Regulationsthis Agreement, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Minimum Gainduring any Company Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined under Section in accordance with Regulations § 1.704-2(i)(5) of the Regulations) as of the beginning of the year must ), shall be specially allocated items of Company income and gain for the such year (and, if necessary, for succeeding subsequent years) equal to in such amounts that Member’s share of such net decrease comply with the partner minimum gain chargeback requirement in accordance with Section Regulations § 1.704-2(i) of the Regulations2(i)(4).
Appears in 1 contract
Samples: Operating Agreement
Member Minimum Gain Chargeback. Except as otherwise required by Section 1.704-2(i)(4) of the Regulations, if If during a Fiscal Year there is a net decrease in Member Nonrecourse Debt Minimum Gain, any Member with a share of that Member Nonrecourse Debt Minimum Gain (as determined under Regulations Section 1.704-2(i)(5) of the Regulations)) as of the beginning of the year must be allocated items of Company income and gain for the year yea r (and, if necessary, for succeeding years) equal to that Member’s 's share of such net decrease in accordance with Section Regulations Sections 1.704-2(i) of the Regulationsand (j).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Bottling Group LLC)
Member Minimum Gain Chargeback. Except as otherwise required by provided in Regulations Section 1.704-2(i)(4) of the Regulationsor in Section 6.3.A(1) hereof, if there is a net decrease in Member Minimum Gain attributable to a Member Nonrecourse Debt Minimum Gainduring any Fiscal Year, any each Member with who has a share of that the Member Minimum Gain attributable to such Member Nonrecourse Debt Minimum Gain (Debt, determined under in accordance with Regulations Section 1.704-2(i)(5) of the Regulations) as of the beginning of the year must ), shall be specially allocated items of Company income and gain for the year (and, if necessary, for succeeding years) equal to that Member’s share of such net decrease in accordance with Section 1.704-2(i) of the Regulations.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Health Care Property Investors Inc)