Common use of Unexpected Allocations and Distributions Clause in Contracts

Unexpected Allocations and Distributions. No allocation may be made to a Member to the extent such allocation causes or increases a deficit balance in such Member's Adjusted Capital Account. Notwithstanding any other provision of this Agreement except Sections 5.3 hereof, in the event that a Member unexpectedly receives an adjustment, allocation or distribution described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) or (6) which results in such Member having a negative Adjusted Capital Account balance (as determined above), then such Member shall be allocated items of income and gain in an amount and manner sufficient to eliminate, to the extent required by the Regulations, such negative balance in such Member's Adjusted Capital Account as quickly as possible. This provision is intended to satisfy the "qualified income offset" items of the Code.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Metropolis Realty Holdings LLC), Limited Liability Company Agreement (Metropolis Realty Holdings LLC), Limited Liability Company Agreement (Metropolis Realty Trust Inc)

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Unexpected Allocations and Distributions. No allocation may be made to a Member to the extent such allocation causes or increases a deficit balance in such Member's ’s Adjusted Capital Account. Notwithstanding any other provision of this Agreement except Sections 5.3 hereof8.2(i) and 8.2(iii) above, in the event that a Member unexpectedly receives an adjustment, allocation or distribution described in Regulations Section 1.704-1(b)(2)(ii)(d)(4l(b)(2)(ii)(d)(4), (5) or (6) which results in such Member having a negative Adjusted Capital Account balance (as determined above), then such Member shall be allocated items of income and gain in an amount and manner sufficient to eliminate, to the extent required by the Regulations, such negative balance in such Member's ’s Adjusted Capital Account as quickly as possible. This provision is intended to satisfy the "qualified income offset" items ” requirements of the CodeRegulations.

Appears in 2 contracts

Samples: Operating Agreement (RealD Inc.), Operating Agreement (RealD Inc.)

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Unexpected Allocations and Distributions. No allocation may be made to a Member to the extent such allocation causes or increases a deficit balance in such Member's ’s Adjusted Capital Account. Notwithstanding any other provision of this Agreement except Sections 5.3 hereof8.2(i) and 8.2(iii) above, in the event that a Member unexpectedly receives an adjustment, allocation or distribution described in Regulations Section 1.704-1(b)(2)(ii)(d)(4), (5) or (6) which results in such Member having a negative Adjusted Capital Account balance (as determined above), then such Member shall be allocated items of income and gain in an amount and manner sufficient to eliminate, to the extent required by the Regulations, such negative balance in such Member's ’s Adjusted Capital Account as quickly as possible. This provision is intended to satisfy the "qualified income offset" items ” requirements of the CodeRegulations.

Appears in 1 contract

Samples: Operating Agreement (Ballantyne of Omaha Inc)

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