Section 754 Adjustment. 6.2.7.1 To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or 743(b) is required pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) to be taken into account in determining Capital
Appears in 4 contracts
Samples: Investor Rights Agreement (Mp3 Com Inc), Investor Rights Agreement (Mp3 Com Inc), Investor Rights Agreement (Mp3 Com Inc)
Section 754 Adjustment. 6.2.7.1 To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section Sections 734(b) or 743(b) is required pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) to be taken into account in determining CapitalCapital Accounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of the adjustment shall be included as an item of gain (if positive) or loss (if negative) and shall be specially allocated to the Members consistent with the manner in which their Capital Accounts are required to be adjusted by such Treasury Regulation.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Carbon Natural Gas Co), Limited Liability Company Agreement (Carbon Natural Gas Co)
Section 754 Adjustment. 6.2.7.1 To the extent that an adjustment to the adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required required, pursuant to Treasury Regulations Section Treas. Reg. §1.704-1(b)(2)(iv)(m)(41(b)(2)(iv) to be taken into account in determining Capital(m)(2)
Appears in 1 contract
Samples: Limited Liability Company Agreement
Section 754 Adjustment. 6.2.7.1 To the extent an adjustment to the adjusted tax basis of any Company asset Property undertaken pursuant to Code Section 734(b) or 743(b) of the Code is required pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) to be taken into account in determining Capitalthe Capital Accounts of the Members under Treasury Regulations Section 1. 704-1 (b) (2) (iv) (m), then the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis
Appears in 1 contract
Samples: Operating Agreement (Kti Inc)
Section 754 Adjustment. 6.2.7.1 To the extent an adjustment to the adjusted tax basis of any Company asset Asset is required pursuant to Code Section 732(d), Code Section 734(b) ), or Code Section 743(b) is required ), the Capital Accounts of the Members will be adjusted pursuant to Treasury Regulations Section 1.704-1(b)(2)(iv)(m)(4) to be taken into account in determining Capital1(b)(2)(iv)(m).
Appears in 1 contract
Samples: Limited Liability Company Agreement (NexPoint Real Estate Finance, Inc.)