Common use of Minimum Gain Charge Back Clause in Contracts

Minimum Gain Charge Back. Notwithstanding any other provision of this Article V, if there is a net decrease in Company minimum gain during any fiscal year or other period, prior to any other allocation pursuant hereto, each Member shall be specially allocated items of Company income and gain for such year (and, if necessary, subsequent years) in an amount and manner required by Treasury Regulation § 1.704-2(f) or 1.704-2(i). The items to be so allocated shall be determined in accordance with Treasury Regulation § 1.704-2.

Appears in 2 contracts

Samples: Operating Agreement (Spanco Industries, Inc.), Operating Agreement (Spanco Industries, Inc.)

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Minimum Gain Charge Back. Notwithstanding any other provision of this Article V, if there is a net decrease in Company minimum gain during any fiscal year or other period, prior to any other allocation pursuant hereto, each Member shall be specially allocated items of Company income and gain for such year (and, if necessary, subsequent years) in an amount and manner required by Treasury Regulation § 1.704-2(f) or 1.704-1.704- 2(i). The items to be so allocated shall be determined in accordance with Treasury Regulation § 1.704-2.

Appears in 1 contract

Samples: Operating Agreement (Spanco Industries, Inc.)

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Minimum Gain Charge Back. Notwithstanding any other provision of this Article VArticle, if there is a net decrease in Company minimum gain during any fiscal year or other period, prior to any other allocation pursuant hereto, each Member shall be specially allocated items of Company income and gain for such year (and, if necessary, subsequent years) in an amount and manner required by Treasury Regulation § 1.704Treas. Reg.ss.ss.1.704-2(f) or 1.704-2(i). The items to be so allocated shall be determined in accordance with Treasury Regulation § 1.704Treas. Reg.ss.1.704-2.

Appears in 1 contract

Samples: Operating Agreement (Park Meridian Financial Corp)

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