Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection (a)) be treated as a Nonrecourse Distribution, and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner receiving such distribution as of the end of the Company's taxable year in which such distribution occurs, then such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § 1.704-2(h)(3).
Appears in 4 contracts
Samples: Partnership Agreement (Special Value Continuation Partners, LP), Partnership Agreement (Special Value Continuation Partners, LP), Partnership Agreement (Special Value Continuation Fund, LLC)
Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's ’s taxable year in which such distribution occurs, ; then the Managing Member may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § Treas. Reg. §1.704-2(h)(3).
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's ’s taxable year in which such distribution occurs, ; then the Board may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § Treas. Reg. §1.704-2(h)(3).
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's ’s taxable year in which such distribution occurs, ; then the Company may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § Treas. Reg. Section 1.704-2(h)(3).
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Rouse Properties, Inc.), Limited Liability Company Agreement (Rouse Properties, Inc.)
Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection (a)) be treated as a Nonrecourse Distribution, and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner receiving such distribution as of the end of the Company's taxable year in which such distribution occurs, then such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § ss. 1.704-2(h)(3).
Appears in 2 contracts
Samples: Partnership Agreement (Tennenbaum Opportunities Partners V, LP), Partnership Agreement (Special Value Continuation Partners, LP)
Treatment of Certain Distributions. (a) In the event that (i) ---------------------------------- the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's taxable year in which such distribution occurs, ; then the Manager may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § Treas. Reg. (S) 1.704-2(h)(3).
Appears in 2 contracts
Samples: Members Agreement (Ebs Pension LLC), Members Agreement (Ebs Litigation LLC)
Treatment of Certain Distributions. (a) In the event that (i) If (A) the Company makes a distribution that would (but for this subsection (aSection 3.10(d)(i)) be treated as a Nonrecourse Distribution, Distribution and (iiB) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's taxable year ’s Tax Year in which such distribution occurs, then the Company may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations Treas. Reg. § 1.704-2(h)(3).
Appears in 1 contract
Samples: Limited Liability Company Agreement (NorthStar Asset Management Group Inc.)
Treatment of Certain Distributions. (aA) In the event that (i) the Joint Venture Company makes a distribution that would (but for this subsection Subsection (aA)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Joint Venture Company's ’s taxable year in which such distribution occurs, ; then the Board of Managers may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations Treas. Reg. § 1.704-2(h)(3).
Appears in 1 contract
Samples: Limited Liability Partnership Agreement (Micron Technology Inc)
Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's ’s taxable year in which such distribution occurs, ; then the Board of Managers may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations Treas. Reg. § 1.704-2(h)(3).
Appears in 1 contract
Treatment of Certain Distributions. (a) In the event that (i) If (A) the Company makes a distribution that would (but for this subsection (aSection 7(c)(i)) be treated as a Nonrecourse Distribution, Distribution and (iiB) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's taxable year ’s Tax Year in which such distribution occurs, then the Company may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations Treas. Reg. § 1.704-2(h)(3).
Appears in 1 contract
Samples: Limited Liability Company Agreement (NorthStar Asset Management Group Inc.)
Treatment of Certain Distributions. (a) In the event that (i) If (A) the Company makes a distribution that would (but for this subsection (aSection 3.10(c)(i)) be treated as a Nonrecourse Distribution, Distribution and (iiB) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's taxable year ’s Tax Year in which such distribution occurs, then the Company may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations Treas. Reg. § 1.704-2(h)(3).
Appears in 1 contract
Samples: Unit Purchase Agreement (NorthStar Asset Management Group Inc.)
Treatment of Certain Distributions. (a) In the event that (i) the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's taxable year in which such distribution occurs, ; then the Manager may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § Treas. Reg. Section 1.704-2(h)(3).
Appears in 1 contract
Samples: Members Agreement (Ebs Building LLC)
Treatment of Certain Distributions. (a) In the event that (i) the Company Partnership makes a distribution that would (but for this subsection (a)) be treated as a Nonrecourse Distribution, and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner receiving such distribution as of the end of the CompanyPartnership's taxable year in which such distribution occurs, then such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § 1.704-2(h)(3).
Appears in 1 contract
Samples: Limited Partnership Agreement (PNMAC Mortgage Opportunity Fund LP)
Treatment of Certain Distributions. (a) In the event that that: (i) the Company makes a distribution that would (but for this subsection Subsection (a)) be treated as a Nonrecourse Distribution, ; and (ii) such distribution does not cause or increase a deficit balance in the Capital Account of the Partner Member receiving such distribution as of the end of the Company's taxable year in which such distribution occurs, ; then the Manager may treat such distribution may be treated as not constituting a Nonrecourse Distribution to the extent permitted by Treasury Regulations § Treas. Reg. Section 1.704-2(h)(3).
Appears in 1 contract