Common use of Section 754 Adjustments Clause in Contracts

Section 754 Adjustments. To the extent an adjustment to the Basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is 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 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 accordance with Regulations Section 1.704-1(b)(2)(iv)(m).

Appears in 8 contracts

Samples: Limited Liability Company Agreement (Time Warner Cable Information Services (Texas), LLC), Limited Liability Company Agreement (Charter Communications Inc /Mo/), Limited Liability Company Agreement (Charter Communications Inc /Mo/)

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Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset pursuant to Code Section Sections 734(b) or Code Section 743(b) of the Code is required, pursuant to Regulations 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 basis of the asset) or loss (if the adjustment decreases such Basisbasis) and such gain or loss shall be specially allocated to the Members Owners in accordance with Regulations the requirements of Section 1.704-1(b)(2)(iv)(m)) of the Regulations.

Appears in 3 contracts

Samples: Operating Agreement (Safe & Green Development Corp), Operating Agreement (Safe & Green Development Corp), Operating Agreement (Sg Blocks, Inc.)

Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, required to be taken into account in determining Capital Accounts 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 Capital Accounts shall be treated as an item of gain (if the adjustment increases the Basis of the assetis an increase) or loss (if the adjustment decreases such Basis) is a decrease), and such gain or loss shall be specially allocated to the Members in accordance a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to Regulations Section 1.704-1(b)(2)(iv)(m).

Appears in 1 contract

Samples: Operating Agreement (Valcent Products Inc.)

Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset pursuant to Code Section Sections 734(b) or Code Section 743(b) of the Code is required, pursuant to Regulations 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 basis of the asset) or loss (if the adjustment decreases such Basisbasis) and such gain or loss shall be specially allocated to the Members in accordance with Regulations the requirements of Section 1.704-1(b)(2)(iv)(m)) of the Regulations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tidelands Oil & Gas Corp/Wa)

Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m1(b)(2)(iv)(m)(2) or Regulations Section 1.704-1(b)(2)(iv)(m)(4), to be taken into account in determining Capital AccountsAccounts as the result of a distribution to a Member in complete liquidation of its interest in the Company, the amount of such adjustment to Capital Accounts shall be treated as an item of gain (if the adjustment increases the Basis 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 accordance with Regulations Section 1.704-1(b)(2)(iv)(m).adjustment

Appears in 1 contract

Samples: Operating Agreement (Georgia Pacific Corp)

Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset asset, pursuant to Code Section 734(b) or Code Section 743(b) of the Code is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m1(b)(2)(iv) (m), to be taken into account in determining Capital Accounts, the amount of such adjustment to Capital Accounts shall be treated as an item of gain (if the adjustment increases the Basis basis of the asset) or loss (if the adjustment decreases such Basisbasis) and such gain or loss shall be specially allocated to the Members in accordance with Regulations Section 1.704-1(b)(2)(iv)(m1(b)(2)(iv) (m).

Appears in 1 contract

Samples: Limited Liability Company Agreement (J. Alexander's Holdings, Inc.)

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Section 754 Adjustments. To the extent that an adjustment to the Basis adjusted basis of any Company asset Asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m)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 basis of the asset) or loss (if the adjustment decreases such Basis) basis), and such gain or loss shall be specially allocated to the Members in accordance a manner consistent with Regulations the manner in which their Capital Accounts are required to be adjusted pursuant to such Section 1.704-1(b)(2)(iv)(m)of the Regulations.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Calpine Corp)

Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset pursuant to Code Section Sections 734(b) or Code Section 743(b) of the Code is required, pursuant to Regulations 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 basis of the asset) or loss (if the adjustment decreases such Basisbasis) and such gain or loss shall be specially allocated to the Members in accordance with Regulations the requirements of Section 1.704-1(b)(2)(iv)(m)) of the Regulations.

Appears in 1 contract

Samples: Operating Agreement (Wendy's of Denver, Inc.)

Section 754 Adjustments. To the extent an adjustment to the Basis adjusted tax basis of any Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Regulations Section 1.704-1(b)(2)(iv)(m), required to be taken into account in determining Capital AccountsAccounts pursuant to Regulations Section 1.704 -1(b)(2)(iv)(m), the amount of such adjustment to Capital Accounts shall be treated as an item of gain (if the adjustment increases the Basis of the assetis an increase) or loss (if the adjustment decreases such Basis) is a decrease), and such gain or loss shall be specially allocated to the Members in accordance a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to Regulations Section 1.704-1(b)(2)(iv)(m1.704 -1(b)(2)(iv)(m).

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Global Green Solutions Inc.)

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