Common use of Special Income Allocation Clause in Contracts

Special Income Allocation. If any Member has an Adjusted Capital Account Deficit in its Capital Account at the end of any Fiscal Year or portion thereof that is in excess of the sum of (I) the amount such Member is obligated to restore pursuant to any provision of this Agreement, and (II) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury Regulations Sections 1.704-2(g)(1) and 1.704-2(i)(5) of the Regulations, each such Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 7.2(a)(iii) shall be made only if and to the extent that such Member would have an Adjusted Capital Account Deficit in excess of such sum after all other allocations provided for in this Section 7.2(a) have been made as if this Section 7.2(a)(iii) were not in the Agreement.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Penske Automotive Group, Inc.), Limited Liability Company Agreement (Uag Connecticut I LLC), Limited Liability Company Agreement (United Auto Group Inc)

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Special Income Allocation. If In the event any Member has an Adjusted a deficit Capital Account Deficit in its Capital Account balance at the end of any Fiscal Year or portion thereof other period that is in excess of the sum of (Ii) the amount such Member is obligated to restore pursuant or is deemed obligated to any provision of this Agreement, restore as described in IRS Regulations Section 1.704- 1(b)(2)(ii)(c) or (d) and (IIii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Treasury IRS Regulations Sections 1.704-1.704- 2(g)(1) and 1.704-2(i)(5) of the Regulations), each then such Member shall be specially allocated items of Company income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this Section 7.2(a)(iii9.3(b) shall be made only if and to the extent that such Member would have an Adjusted a deficit Capital Account Deficit in excess of such sum after all other allocations provided for in this Section 7.2(a) Agreement have been tentatively made as if this Section 7.2(a)(iii9.3(b) were not in the this Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Venus Exploration Inc), Limited Liability Company Agreement (Exco Resources Inc)

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