Common use of Revaluations of Assets and Capital Account Adjustments Clause in Contracts

Revaluations of Assets and Capital Account Adjustments. Unless otherwise determined by the Manager, immediately preceding the issuance of additional Units in exchange for cash, property or services to a new or existing Member and upon the redemption of the Interest of a Member, the then prevailing Asset Values of the Company shall be adjusted to equal their respective gross fair market values, as determined in good faith by the Manager, and any increase in the net equity value of the Company (Asset Values less liabilities) shall be credited to the Capital Accounts of the Members in the same manner as Net Profits are credited under Section 5.6 (or any decrease in the net equity value of the Company shall be charged in the same manner as Net Losses are charged under Section 5.6). Accordingly, as of the date of issuance of additional Units or the redemption of all or a portion of a Member’s Interest in the Company, the Capital Accounts of Members will reflect both realized and unrealized gains and losses through such date and the net fair market value of the equity of the Company as of such date.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (National Beef, Inc.), Limited Liability Company Agreement (National Beef, Inc.), Limited Liability Company Agreement (National Beef, Inc.)

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Revaluations of Assets and Capital Account Adjustments. Unless otherwise determined by the ManagerBoard of Managers, immediately preceding the issuance of additional Units in exchange for cash, property or services to a new or existing Member and upon the redemption of the Interest of a Member, the then prevailing Asset Values of the Company shall be adjusted to equal their respective gross fair market values, as determined in good faith by the ManagerBoard, and any increase in the net equity value of the Company (Asset Values less liabilities) shall be credited to the Capital Accounts of the Members in the same manner as Net Profits are credited under Section 5.6 5.6.2 (or any decrease in the net equity value of the Company shall be charged in the same manner as Net Losses are charged under Section 5.65.6.3). Accordingly, as of the date of issuance of additional Units or the redemption of all or a portion of a Member’s Interest in the Company, the Capital Accounts of Members will reflect both realized and unrealized gains and losses through such date and the net fair market value of the equity of the Company as of such date.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Nb Finance Corp), Limited Liability Company Agreement (National Beef Packing Co LLC), Limited Liability Company Agreement (National Beef Packing Co LLC)

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Revaluations of Assets and Capital Account Adjustments. Unless otherwise determined by the ManagerBoard of Managers, immediately preceding the issuance of additional Units in exchange for cash, property other property, or services to a new or existing Member and or upon the redemption of the Interest of a MemberMember or the liquidation of the Company, the then prevailing Asset Values of the Company shall will be adjusted to equal their respective gross fair market values, as determined in good faith by the Manager, Fair Market Value and any increase in the net equity value of the Company (Asset Values less liabilitiesLiabilities) shall will be credited to the Capital Accounts of the Members in the same manner as Net Profits are credited under Section 5.6 5.5(b) (or any decrease in the net equity value of the Company shall will be charged in the same manner as Net Losses are charged under Section 5.65.5(b)) . Accordingly, as of the date of issuance of additional Units or the redemption of all or a portion of a Member’s Interest in the Companyany time Asset Values are adjusted pursuant to this Section 4.2, the Capital Accounts of Members will reflect both realized and unrealized gains and losses through such date and the net fair market equity value of the equity of the Company as of such date.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Gryphon Gold Corp)

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