Other Allocations. Except as otherwise provided in this Agreement, all items of Partnership income, loss, deduction, and any other allocations not otherwise provided for shall be divided among the Unit Holders in the same proportions as they share Profits or Losses, as the case may be, for the year.
Other Allocations. 2.3.1 Section 704(c) Allocations In accordance with section 704(c) of the IRS Code and the applicable Treasury Regulations issued thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial Gross Asset Value. In the event Gross Asset Value of the Company’s Property is adjusted pursuant to this Agreement, subsequent allocations of income, gain, loss, and deduction with respect to such Asset shall take into account any variation between the adjusted basis of such Asset for federal income tax purposes and its Gross Asset Value in the same manner as under section 704(c) of the IRS Code and the Treasury Regulations thereunder. The Manager shall make any election or other decisions relating to such allocations in any manner that reasonably reflects the purpose of this Agreement. Allocations made pursuant to this Section are solely for purposes of federal, state, and local taxes and shall not affect or in any way be taken into account in computing any Member’s Capital Account or share of Profits, Losses, or other items, or Distributions pursuant to any provision of this Agreement.
Other Allocations. In the event that (i) any modifications are made to the Code or any Regulations, (ii) any changes occur in any case law applying or interpreting the Code or any Regulations, (iii) the IRS changes or clarifies the manner in which it applies or interprets the Code or any Regulations or any case law applying or interpreting the Code or any Regulations or (iv) the IRS adjusts the reporting of any of the transactions contemplated by this Agreement which, in each case, either (a) requires allocations of items of income, gain, loss, deduction or credit or (b) requires reporting of any of the transactions contemplated by this Agreement in a manner different from that set forth in this Article 6, the Managing Member is hereby authorized to make new allocations or report any such transactions (as the case may be) in reliance of the foregoing, and such new allocations and reporting shall be deemed to be made pursuant to the fiduciary duty of the Managing Member to the Company and the other Members, and no such new allocation or reporting shall give rise to any claim or cause of action by any Member.
Other Allocations. The Members or the Majority Member, as applicable, may adjust the Capital Accounts of the Members to reflect reevaluations of the Company property whenever the adjustment would be permitted under Treasury Regulations Section 1.704-1(b)(2)(iv)(f). In the event that the Capital Accounts of the Members are so adjusted, (i) the Capital Accounts of the Members shall be adjusted in accordance with Treasury Regulations Section 1.704l(b)(2)(iv)(g) for allocations of depreciation, depletion, amortization and gain or loss, as computed for book purposes, with respect to such property and (ii) the Members' distributive shares of depreciation, depletion, amortization and gain or loss, as computed for tax purposes, with respect to such property shall be determined so as to take account of the variation between the adjusted tax basis and book value of such property in the same manner as under Section 704(c) of the Code. In the event that Code Section 704(c) applies to Company property, the Capital Accounts of the Members shall be adjusted in accordance with Treasury Regulations Section 1.704-1(b)(2)(iv)(g) for allocations of depreciation, depletion, amortization and gain and loss, as computed for book purposes, with respect to such property. In applying clause (ii) of the second preceding sentence and all of the preceding sentence, the provisions of Code Section 704(b) shall apply.
Other Allocations. All other expenses of a Series shall be allocated to each class on the basis of the net asset value of that class in relation to the net asset of the Series.
Other Allocations. All other expenses of a Series shall be allocated to each class on the basis of the net asset value of that class in relation to the net asset of the Series. Notwithstanding the foregoing, the distributor or advisor of a Series may waive or reimburse the expenses of a specific class or classes to the extent permitted under Rule 18f-3 under the Act. In light of the foregoing, the Trust and the Adviser agree that the Adviser’s payment of Fund/Class expenses under this Agreement shall be monitored to assure compliance with Rule 18f-3 limitations. The Adviser is entitled to reimbursement from a Fund of any expenses waived pursuant to this amendment if such reimbursement does not cause the Fund to exceed existing expense limitations and the reimbursement is made within three years after the expenses were reimbursed or absorbed. All other terms of the Agreement shall remain in full force and effect. This Amendment is effective as of the date set forth above and has been duly authorized by an officer of each party. ICON Fund 1.50 % (1) 2.25 % (1) 1.25 % (1) ICON Bond Fund 1.00 % (1) 1.60 % (2) 0.75 % (2) ICON Risk-Managed Balanced Fund 1.45 % (2) 2.20 % (2) 1.20 % (2) CON Equity Income Fund 1.45 % (2) 2.20 % (2) 1.20 % (2) ICON Long/Short Fund 1.55 % (2) 2.30 % (2) 1.25 % (2) ICON International Equity Fund 1.80 % (2) 2.55 % (2) 1.55 % (2) ICON Emerging Markets Fund 1.80 % (2) 2.55 % (2) 1.55 % (1) ICON Consumer Discretionary Fund 1.99 % (1) N/A 1.74 % (1) ICON Energy Fund 1.75 % (1) 2.50 % (1) 1.50 % (1) ICON Financial Fund 1.75 % (1) N/A 1.50 % (1) ICON Healthcare Fund 1.75 % (1) N/A 1.50 % (1) ICON Industrials Fund 1.75 % (1) N/A 1.50 % (1) ICON Information Technology Fund 1.75 % (1) N/A 1.50 % (1) ICON Consumer Staples Fund 1.75 % (1) N/A 1.50 % (1) ICON Natural Resources Fund 1.75 % (1) 2.50 % (1) 1.50 % (1) ICON Utilities Fund 1.75 % (1) N/A 1.50 % (1) ICON Opportunities Fund(3) 1.50 % (3)
(1) This Agreement may be terminated at any time after January 31, 2017, upon 30 days written notice of termination to the Funds’ Board of Trustees.
(2) This Agreement may be terminated at any time after January 31, 2021, upon 30 days written notice of termination to the Funds’ Board of Trustees.
(3) The ICON Opportunities Fund is not a multi-class fund. This Agreement may be terminated at any time after January 31, 2017, upon 30 days written notice of termination to the Funds’ Board of Trustees.
Other Allocations. The Manager shall make such other special allocations as are required in order to comply with any mandatory provision of the Regulations or to reflect a Member’s or applicable Assignee’s economic interest in the Company, determined with reference to such Person’s right to receive distributions from the Company.
Other Allocations. With respect to allocations to Accounts other than those made to the Variable Options, we may defer surrenders, withdrawals, loans (except for loans to pay a premium on any policy issued by us), and transfers from such Accounts, for up to six months after we receive your request. With respect to transfers, we will disclose in written notice to you, the effective date of the transfer, the reason for the delay, and the value of the transfer as of the date we received your transfer request.
Other Allocations. A. For purposes of determining the net profits and net losses or other items allocable to any period, net profits, net losses and any other items shall be determined on a daily, monthly, or other basis, as determined by the Board using any permissible method under Code Section 706 and the Regulations thereunder.
B. The members are aware of the income tax consequences of the allocations made hereunder and hereby agree to be bound by the provisions of this Agreement in reporting their shares of Company income and loss for income tax purposes.
C. To the extent permitted by Section 1.704-2(h)(3) of the Regulations, the Board shall endeavor to treat distributions as having been made from the proceeds of a nonrecourse liability or a member nonrecourse debt only to the extent that such distributions would cause or increase the Deficit Capital Account for any member.
Other Allocations. Notwithstanding the foregoing provisions of this Section 7 or any other provision of this Agreement, the following provisions shall apply:
