Common use of Partner Nonrecourse Debt Minimum Gain Chargeback Clause in Contracts

Partner Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulations Section 1.704-2(i)(4), if there is a net decrease in Partner Nonrecourse Debt Minimum Gain during a fiscal year of the Partnership, any Partner with a share of such Partner Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of such fiscal year shall be specially allocated items of income and gain for such fiscal year (and, if necessary, for subsequent years) in an amount equal to such Partner’s share of the net decrease in Partner Nonrecourse Debt Minimum Gain (which share of such net decrease shall be determined under Treasury Regulation Section 1.704-2(i)(4) and 1.704-2(j)(2)). It is intended that this Section 7.5.2 shall constitute a “partner nonrecourse debt minimum gain chargeback” as provided by Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Partner Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulations Section 1.704-2(i)(4), if If during a Fiscal Year there is a net decrease in Partner Nonrecourse Debt Minimum Gain during a fiscal year of the PartnershipGain, any Partner with a share of such that Partner Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of such fiscal the year shall be specially allocated items of Partnership income and gain for such fiscal year (and, if necessary, for subsequent succeeding years) in an amount equal to such that Partner’s share of the net decrease in the Partner Nonrecourse Debt Minimum Gain (which share of such net decrease Gain, The items to be so allocated shall be determined under Treasury Regulation in accordance with Section 1.704-2(i)(4) and 1.704-2(j)(2))of the Treasury Regulations. It This Section 4.2(b)(ii) is intended that this Section 7.5.2 shall constitute a “partner nonrecourse debt to comply with the minimum gain chargeback” as provided by chargeback requirement in such Section of the Treasury Regulation Section 1.704-2(i)(4) Regulations and shall be interpreted consistently therewith.

Partner Nonrecourse Debt Minimum Gain Chargeback. Subject to Partner Nonrecourse Deductions shall be allocated in the exceptions contained manner required by Treasury Regulation Section 1.704-2(i). Except as otherwise provided in Treasury Regulations Regulation Section 1.704-2(i)(4), if there is a net decrease in Partner Nonrecourse Debt Minimum Gain during a fiscal year of the Partnershipany taxable year, any each Partner with that has a share of such Partner Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of such fiscal year shall be specially allocated items of taxable income and or gain for such fiscal taxable year (and, if necessary, for subsequent taxable years) in an amount equal to such that Partner’s share of the net decrease in Partner Nonrecourse Debt Minimum Gain (which share of such net decrease Gain. Items to be allocated pursuant to this Section 9.2.2 shall be determined under in accordance with Treasury Regulation Section Sections 1.704-2(i)(4) and 1.704-2(j)(2)). It This Section 9.2.2 is intended that this Section 7.5.2 shall constitute a “partner nonrecourse debt to comply with the minimum gain chargeback” as provided by chargeback requirements in Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Partner Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained Except as otherwise provided in Treasury Regulations Section 1.704Section1.704-2(i)(4), notwithstanding any other provision of this Article VI (other than Section 6.2.B.), if there is a net decrease in Partner Nonrecourse Debt Minimum Gain during a fiscal year of the Partnershipany taxable year, any Partner with each Member who has a share of such the Partner Nonrecourse Debt Minimum Gain (Gain, determined in accordance with Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of such fiscal year , shall be specially allocated items of Company income and gain for such fiscal year Fiscal Year (and, if necessary, for subsequent yearsFiscal Years) in an amount equal to each such PartnerMember’s share of the net decrease in Partner Nonrecourse Debt Minimum Gain (which share of such Gain, said aggregate net decrease determined in accordance with Treasury Regulations Section 1.704-2(i)(4). The items of Company income and gain to be so allocated shall be determined under in accordance with Treasury Regulation Section Regulations Sections 1.704-2(i)(4) and 1.704-2(j)(2)2(j)(2)(ii). It This Section 6.2.D. is intended that this Section 7.5.2 shall constitute a “to comply with the partner nonrecourse debt minimum gain chargeback” as provided by chargeback requirement in Treasury Regulation Regulations Section 1.704-2(i)(4) and shall be interpreted consistently therewith.

Partner Nonrecourse Debt Minimum Gain Chargeback. Subject to the exceptions contained in Treasury Regulations Section 1.704-2(i)(4), if there is a net decrease in Partner Nonrecourse Debt Minimum Gain during a fiscal year of the Partnership, any Partner with a share of such 13 Partner Nonrecourse Debt Minimum Gain (determined in accordance with Treasury Regulations Section 1.704-2(i)(5)) as of the beginning of such fiscal year shall be specially allocated items of income and gain for such fiscal year (and, if necessary, for subsequent years) in an amount equal to such Partner’s share of the net decrease in Partner Nonrecourse Debt Minimum Gain (which share of such net decrease shall be determined under Treasury Regulation Section 1.704-2(i)(4) and 1.704-2(j)(2)). It is intended that this Section 7.5.2 shall constitute a “partner nonrecourse debt minimum gain chargeback” as provided by Treasury Regulation Section 1.704-2(i)(4) and shall be interpreted consistently therewith.