Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets of the Company is adjusted pursuant to Section 4.3, subsequent allocations of income, gain, loss and deduction with respect to such assets shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Regulations.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (U. S. Premium Beef, LLC), Limited Liability Company Agreement (Jefferies Financial Group Inc.), Purchase and Sale Agreement (Leucadia National Corp)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets asset of the Company is adjusted pursuant to Section 4.33.4(b), subsequent allocations of income, gain, loss and deduction with respect to such assets asset shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Treasury Regulations.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Planet Fitness, Inc.), Limited Liability Company Agreement (Habit Restaurants, Inc.), Limited Liability Company Agreement (Habit Restaurants, Inc.)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value Values of any the assets of the Company is are adjusted pursuant to Section 4.34.2, subsequent allocations of income, gain, loss and deduction with respect to such assets shallwill, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Gryphon Gold Corp)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets of the Company is adjusted pursuant to Section 4.34.2, subsequent allocations of income, gain, loss and deduction with respect to such assets shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Wayfair Inc.), Limited Liability Company Operating Agreement (Wayfair Inc.)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets asset of the Company is adjusted pursuant to Section 4.35.2, subsequent allocations of income, gain, loss and deduction with respect to such assets asset shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Regulationsregulations promulgated thereunder.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Marathon Patent Group, Inc.), Limited Liability Company Agreement (Inventergy Global, Inc.)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets of the Company is adjusted pursuant to Section 4.33.4, subsequent allocations of income, gain, loss and deduction with respect to such assets shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Treasury Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (510152 N B LTD), Limited Liability Company Agreement (Jumpking Inc)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets asset of the Company is adjusted pursuant to Section 4.33.4(b), subsequent allocations of income, gain, loss and deduction with respect to such assets asset shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Norcraft Companies, Inc.), Limited Liability Company Agreement (Norcraft Companies, Inc.)
Revalued Assets. If upon the acquisition of additional Units in the Company by a new or existing Member the Asset Value of any the assets asset of the Company is adjusted pursuant to Section 4.33.3(b), subsequent allocations of income, gain, loss and deduction with respect to such assets asset shall, solely for tax purposes, be allocated among the Members so as to take into account such adjustment in the same manner as under Section 704(c) of the Code and the applicable Treasury Regulations.
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