Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required 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 7 contracts
Samples: Limited Liability Company Agreement (RiceBran Technologies), Limited Liability Company Agreement (RiceBran Technologies), Membership Interest Purchase Agreement (Nutracea)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required 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 Section of the Treasury Regulations.
Appears in 7 contracts
Samples: Operating Agreement, Operating Agreement (Bluerock Residential Growth REIT, Inc.), Operating Agreement (Bluerock Residential Growth REIT, Inc.)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section section 734(b) or Code Section section 743(b) is required 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 Treasury Regulations.
Appears in 4 contracts
Samples: Operating Agreement (Viking Energy Group, Inc.), Operating Agreement (Viking Energy Group, Inc.), Operating Agreement (Viking Energy Group, Inc.)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required 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 Treasury RegulationsRegulations Section.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Federal National Mortgage Association Fannie Mae), Limited Liability Company Agreement (Federal Home Loan Mortgage Corp), Limited Liability Company Agreement (Federal Home Loan Mortgage Corp)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section Sections 734(b) or Code Section 743(b) of the Code is required required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m), to be taken into account in determining the 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 Regulationsregulation.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (BioFuel Energy Corp.), Limited Liability Company Agreement (BioFuel Energy Corp.), Limited Liability Company Agreement (BioFuel Energy Corp.)
Section 754 Adjustment. To the extent If an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required required, pursuant to Treasury Regulations 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 Member in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to such section of the Treasury RegulationsRegulations Section.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Atlas Pipeline Partners Lp), Limited Liability Company Agreement (Atlas Pipeline Partners Lp), Limited Liability Company Agreement (Atlas Pipeline Holdings, L.P.)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any asset of the Company asset pursuant to Code Section 734(b) of the Code or Code Section 743(b) of the Code is required required, pursuant to Section 1.704-1(b)(2)(iv)(m) of the Regulations, 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 among the Members in a manner consistent with the manner in which each of their respective Capital Accounts are required to be adjusted pursuant to such section of the Treasury Regulations.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (New York REIT, Inc.), Membership Interest Purchase Agreement (New York REIT, Inc.), Operating Agreement (Chartermac)
Section 754 Adjustment. To the extent that an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required to be taken into account in determining Capital Accounts, pursuant to Sections 1.704-l(b)(2)(iv)(m) of the Regulations, 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 Section of the Treasury Regulations.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (CBL & Associates Limited Partnership), Limited Liability Company Agreement (CBL & Associates Limited Partnership), Limited Liability Company Agreement (CBL & Associates Limited Partnership)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required 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 Section 1.704-2(g) of the Treasury Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.), Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.)
Section 754 Adjustment. To the extent an any adjustment to the adjusted tax basis of and any asset of the Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required required, pursuant to Treasury 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 Treasury Regulations.
Appears in 2 contracts
Samples: Operating Agreement (Insight Communications Co Inc), Operating Agreement (Insight Communications Co Inc)
Section 754 Adjustment. To the extent an that any adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required 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 Treasury Regulations.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Pepsi Bottling Group Inc), Limited Liability Company Agreement (Bottling Group LLC)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required 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) relating to the asset 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 RegulationsRegulations Section.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Maxygen Inc), Limited Liability Company Agreement (Maxygen Inc)
Section 754 Adjustment. To the extent an adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section Sections 734(b) or Code Section 743(b) is required to be taken into account in determining Capital AccountsAccounts under Treasury Regulations Section 1.704-1(b)(2)(iv)(m), the amount of such the adjustment to the Capital Accounts shall be treated included as an item of gain (if the adjustment increases the basis of the assetpositive) or loss (if the adjustment decreases such basisnegative) 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 by such section of the Treasury RegulationsRegulation.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Carbon Natural Gas Co), Limited Liability Company Agreement (Carbon Natural Gas Co)
Section 754 Adjustment. To the extent an any adjustment to the adjusted tax basis of and any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required required, pursuant to Treasury Regulation 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 Treasury Regulations.
Appears in 2 contracts
Samples: Operating Agreement (Claxson Interactive Group Inc), Operating Agreement (Playboy Enterprises Inc)