Examples of Withheld Member in a sentence
The amount of any such taxes remitted by the Company with respect to a Withheld Member for any year shall be a reduction of such Member’s Capital Account balance as if such amount were distributed to such Member but, provided that such Member has made the contribution required by the previous sentence, shall not reduce the actual cash Distribution to be made to such Member pursuant to this Agreement.
Such capital contributions shall not be deemed Capital Contributions for purposes of this Agreement (but shall increase the Capital Account balance of such Member), and shall not change the Distributions that would otherwise be made to such Withheld Member.
Notwithstanding any other provision contained in this Agreement, in the event that the Company is required to withhold and remit any taxes to the Internal Revenue Service or any other taxing authority with respect to any Member (the “Withheld Member”), then each such Withheld Member shall be required to make additional capital contributions at such times and in such amounts as determined by the Manager sufficient to fund, or reimburse the Company for, such obligations of the Company.
Notwithstanding anything to the contrary, the Board may offset distributions (including Tax Distributions) to which the Withheld Member is otherwise entitled under this Operating Agreement against such Withheld Member’s obligation to indemnify the Company under this Section 4.5 or with respect to any other amounts owed by the Withheld Member to the Company or any of its Subsidiaries.
Such capital contributions shall increase the Capital Account balance of such Member but shall not be deemed Capital Contributions for any other purposes of this Agreement, and shall not be used to calculate a Member’s Percentage Interest and therefore shall not change the Distributions that would otherwise be made to such Withheld Member.
Such capital contributions shall increase the Capital Account balance of such Member but shall not be deemed Capital Contributions for any other purposes of this Agreement, and shall not be used to calculate a Member’s Percentage Interest, IRR, or Minimum Equity Requirement, and therefore shall not change the Distributions that would otherwise be made to such Withheld Member.
Notwithstanding any other provision contained in this Agreement, in the event that the Company is required to withhold and remit any taxes to the Internal Revenue Service or any other taxing authority with respect to any Member (the “Withheld Member”), then each such Withheld Member shall be required to make additional Capital Contributions at such times and in such amounts as determined by the Managing Member sufficient to fund, or reimburse the Company for, such obligations of the Company.