Common use of Syndication Expenses Clause in Contracts

Syndication Expenses. Syndication Expenses for any Fiscal Year shall be specially allocated to the Unit Holders in proportion to their Units, provided that, if Units are issued pursuant to Section 2.3 hereof during the Fiscal Year, all Syndication Expenses shall be divided among the Unit Holders from time to time so that, to the extent possible, the cumulative Syndication Expenses allocated with respect to each Unit at any time is the same amount. In the event the Board shall determine that such result is not likely to be achieved through future allocations of Syndication Expenses, the Board may allocate other items of income, gain, deduction, or loss so as to achieve the same effect on the Capital Accounts of the Unit Holders.

Appears in 10 contracts

Samples: Operating Agreement, Member Control Agreement (Granite Falls Energy, LLC), Member Control Agreement

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Syndication Expenses. Syndication Expenses for any Fiscal Year shall be specially allocated to the Unit Holders Unitholders in proportion to their Units, provided that, if Units are issued pursuant to Section 2.3 hereof Article 3 of this Agreement during the Fiscal Year, all Syndication Expenses shall be divided among the Unit Holders Unitholders from time to time so that, to the extent possible, the cumulative Syndication Expenses allocated with respect to each Unit at any time is the same amount. In the event the Board of Managers shall determine that such result is not likely to be achieved through future allocations of Syndication Expenses, the Board may allocate other items of income, gain, deduction, or loss so as to achieve the same effect on the Capital Accounts of the Unit HoldersUnitholders.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Ozark Ethanol LLC), Limited Liability Company Agreement (Blackhawk Biofuels, LLC)

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