Common use of Special Allocation Clause in Contracts

Special Allocation. Notwithstanding the other provisions in this Section 4 (but subject to Section 4.10), in the year of the sale of the Equipment or the Business, Net Income and Net Loss from all sources (or gross income or gross expense) shall be allocated, to the greatest extent possible, so that the positive Capital Account balance of each Member shall be equal to the Distributions to be made upon liquidation to such Member.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.)

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Special Allocation. Notwithstanding the other provisions in this Section 4 (but subject to Section 4.10), in the year of the sale of the Equipment or the BusinessVenture, Net Income and Net Loss from all sources (or gross income or gross expense) shall be allocated, to the greatest extent possible, so that the positive Capital Account balance of each Member shall be equal to the Distributions to be made upon liquidation to such Member.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.)

Special Allocation. Notwithstanding the other provisions in this Section 4 (but subject to Section 4.10), in the year of the sale of the Equipment or the Businesslast Investment, Net Income and Net Loss from all sources (or gross income or gross expense) shall be allocated, to the greatest extent possible, so that the positive Capital Account capital account balance of each Member shall be equal to the Distributions distributions to be made upon liquidation to such Member.

Appears in 1 contract

Samples: Operating Agreement

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Special Allocation. Notwithstanding the other provisions in this Section 4 (but subject to Section 4.104.9), in the year of the sale of the Equipment or the Businesslast Investment, Net Income and Net Loss from all sources (or gross income or gross expense) shall be allocated, to the greatest extent possible, so that the positive Capital Account capital account balance of each Member shall be equal to the Distributions distributions to be made upon liquidation to such Member.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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