Common use of Optional Basis Adjustments Clause in Contracts

Optional Basis Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Sections 734(b) or 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Regulations.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Dean Foods Co)

AutoNDA by SimpleDocs

Optional Basis Adjustments. To the extent an adjustment to the adjusted tax basis of any Company Partnership asset pursuant to Code Sections 734(b) or 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members Partners in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Regulations.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Southern Foods Group L P), Limited Partnership Agreement (Suiza Foods Corp)

Optional Basis Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Sections 734(b) or 743(b) is required, pursuant to Tax Regulations Section 1.704-1(b)(2)(iv)(ml(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Tax Regulations.

Appears in 1 contract

Samples: Operating Agreement (Perot Systems Corp)

Optional Basis Adjustments. To the extent an adjustment to the -------------------------- adjusted tax basis of any Company asset pursuant to Code Sections 734(b) or 743(b) is required, required pursuant to Tax Regulations Section 1.704-1(b)(2)(iv)(m), ) to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Tax Regulations.

Appears in 1 contract

Samples: Operating Agreement (Maxwell Shoe Co Inc)

Optional Basis Adjustments. To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Sections 734(b) or 743(b) is required, pursuant to Tax Regulations Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Tax Regulations.

Appears in 1 contract

Samples: Operating Agreement (Perot Systems Corp)

AutoNDA by SimpleDocs

Optional Basis Adjustments. To the extent an adjustment to the adjusted tax basis of any asset of the Company asset pursuant to Code Sections sections 734(b) or 743(b) is required, pursuant to Treasury Regulations Section section 1.704-1(b)(2)(iv)(ml(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such the adjustment to the Capital Accounts shall will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss losses (if the adjustment decreases such basis) and such gain or loss shall losses will be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the RegulationsTreasury Regulations section 1.704-l(b)(2)(iv)(m).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Seaport Entertainment Group Inc.)

Optional Basis Adjustments. To the extent an adjustment to the adjusted tax basis of any asset of the Company asset pursuant to Code Sections sections 734(b) or 743(b) is required, pursuant to Regulations Section section 1.704-1(b)(2)(iv)(ml(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such the adjustment to the Capital Accounts shall will be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the RegulationsRegulations section 1.704-l(b)(2)(iv)(m).

Appears in 1 contract

Samples: Operating Agreement (Tri-Isthmus Group, Inc.)

Optional Basis Adjustments. To the extent an adjustment to the -------------------------- adjusted tax basis of any Company asset pursuant to Code Sections 734(b) or 743(b) is required, pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m1.704- 1 (b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis) and such gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such Section of the Treasury Regulations.

Appears in 1 contract

Samples: Membership Agreement (Nm Licensing LLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!