Common use of Minimum Gain Charge Back Clause in Contracts

Minimum Gain Charge Back. Except as otherwise provided in Section 1.704-2(f) of the Regulations, notwithstanding any other provision of this Section 6, if there is a net decrease in Company Minimum Gain during any Allocation Year, each Member shall be specially allocated items of Company income and gain for such Allocation Year (and, if necessary, subsequent Allocation Years) in an amount equal to such Member's share of the net decrease in Company Minimum Gain, as determined in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Sections 1.704-2(f)(6) and 1.704-2(j)(2) of the Regulations. This Section 6.3(a) is intended to comply with the minimum gain charge back requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.

Minimum Gain Charge Back. Except as otherwise provided in Section 1.704-2(f) of the Regulations, notwithstanding any other provision of this Section 6, if there is a net decrease in Company Minimum Gain during any Allocation Year, each Member shall be specially allocated items of Company income and gain for such Allocation Year (and, if necessary, subsequent Allocation Years) in an amount equal to such Member's share of the net decrease in Company Minimum Gain, as determined in accordance with Regulations Section 1.704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Sections 1.704-2(f)(6) and 1.704-2(j)(2) of the Regulations. This Section 6.3(a) is intended to 20 20 comply with the minimum gain charge back requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.

Minimum Gain Charge Back. Except as otherwise provided in Section 1.704-2(f) of the Regulations, notwithstanding any other provision of this Section 6, if If there is a net decrease in Company Minimum Gain during any Allocation Fiscal Year, each Member or Economic Interest Owner shall be specially allocated items of Company income and gain for such Allocation Fiscal Year (and, if necessary, in subsequent Allocation Fiscal Years) in an amount equal to the portion of such Member's ’s or holder’s share of the net decrease in Company Minimum GainGain that is allocable to the disposition of Company property subject to a Nonrecourse Liability, as which share of such net decrease shall be determined in accordance with Treasury Regulations Section 1.704-2(g2(g)(2). Allocations pursuant to the previous sentence this Section 7.3.1 shall be made in proportion to the respective amounts required to be allocated to each Member pursuant theretoand Economic Interest Owner under this Section 7. The items to be so allocated shall be determined in accordance with Sections Treasury Regulations Section 1.704-2(f)(6) and 1.704-2(j)(2) of the Regulations2(f). This Section 6.3(a) 7.3.1 is intended to comply with the minimum gain charge back chargeback requirement contained in Treasury Regulations Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith.