Common use of Adjustments to Book Value Clause in Contracts

Adjustments to Book Value. The Company shall adjust the Book Value of its assets to fair market value in accordance with Treasury Regulation Section l.704-l(b)(2)(iv)(f) as of the following times: (a) at the Board of Directors’ discretion, in connection with the issuance of Shares and the computation of NAV; (b) at the Board of Directors’ discretion, in connection with the distribution by the Company to a Member of more than a de minimis amount of Company assets, including cash, if as a result of such distribution, such Member’s interest in the Company is reduced (including a redemption); and (c) the liquidation of the Company within the meaning of Treasury Regulation Section 1.704-1 (b)(2)(ii)(g). Any such increase or decrease in Book Value of an asset made pursuant to Section 8.5(a) or (b) shall, as a matter of administrative convenience, occur on a quarterly basis to take into consideration the contributions by and distributions to Members over the course of a given quarter. Furthermore, any such increase or decrease in Book Value of an asset shall be allocated as a Profit or Loss to the Capital Accounts of the Members under Section 9.2 (determined immediately prior to the issuance of the new Shares or the distribution of assets in an ownership reduction transaction).

Adjustments to Book Value. The Company shall adjust the Book Value of its assets to fair market value in accordance with Treasury Regulation Section l.704-l(b)(2)(iv)(f) as of the following times: (a) at the Board of Directors’ discretion, in connection with the issuance of Shares Membership Interests in the Company and the computation of Company NAV; (b) at the Board of Directors’ discretion, in connection with the distribution Distribution by the Company to a Tax Member of more than a de minimis amount of Company assets, including cash, if as a result of such distributionDistribution, such Tax Member’s interest in the Company is reduced (including a redemption); and (c) the liquidation of the Company within the meaning of Treasury Regulation Section 1.704-1 (b)(2)(ii)(g). Any such increase or decrease in Book Value of an asset made pursuant to Section 8.5(a) or (b) shall, as a matter of administrative convenience, occur on a quarterly basis to take into consideration the contributions by and distributions to Tax Members over the course of a given quarter. , Furthermore, any such increase or decrease in Book Value of an asset shall be allocated as a Profit or Loss to the Capital Accounts of the Tax Members under Section 9.2 9.3 (determined immediately prior to the issuance of the new Shares Membership Interests or the distribution of assets in an ownership reduction transaction).

Adjustments to Book Value. The Company shall adjust the Book Value of its assets to fair market value in accordance with Treasury Regulation Section l.704-l(b)(2)(iv)(f) as of the following times: (a) at the Board of Directors’ Manager’s discretion, in connection with the issuance of Shares Membership Interests in the Company and the computation of Company NAV; (b) at the Board of Directors’ Manager’s discretion, in connection with the distribution Distribution by the Company to a Member of more than a de minimis amount of Company assets, including cash, if as a result of such distributionDistribution, such Member’s interest in the Company is reduced (including a redemption); and (c) the liquidation of the Company within the meaning of Treasury Regulation Section 1.704-1 (b)(2)(ii)(g). Any such increase or decrease in Book Value of an asset made pursuant to Section 8.5(a) or (b) shall, as a matter of administrative convenience, occur on a quarterly basis to take into consideration the contributions by and distributions to Members over the course of a given quarter. , Furthermore, any such increase or decrease in Book Value of an asset shall be NY 246441987v4 allocated as a Profit or Loss to the Capital Accounts of the Members under Section 9.2 9.4 (determined immediately prior to the issuance of the new Shares Membership Interests or the distribution of assets in an ownership reduction transaction).

Adjustments to Book Value. The Company shall adjust the Book Value of its assets to fair market value in accordance with Treasury Regulation Section l.704-l(b)(2)(iv)(f) as of the following times: (a) at the Board of Directors’ Manager’s discretion, in connection with the issuance of Shares Membership Interests in the Company and the computation of Company NAV; (b) at the Board of Directors’ Manager’s discretion, in connection with the distribution Distribution by the Company to a Member of more than a de minimis amount of Company assets, including cash, if as a result of such distributionDistribution, such Member’s interest in the Company is reduced (including a redemption); and (c) the liquidation of the Company within the meaning of Treasury Regulation Section 1.704-1 (b)(2)(ii)(g). Any such increase or decrease in Book Value of an asset made pursuant to Section 8.5(a) or (b) shall, as a matter of administrative convenience, occur on a quarterly basis to take into consideration the contributions by and distributions to Members over the course of a given quarter,. Furthermore, any such increase or decrease in Book Value of an asset shall be NY 247076470v2 allocated as a Profit or Loss to the Capital Accounts of the Members under Section 9.2 9.4 (determined immediately prior to the issuance of the new Shares Membership Interests or the distribution of assets in an ownership reduction transaction).