Common use of Capital Accounts Clause in Contracts

Capital Accounts. (a) An individual capital account (the “Capital Account”) shall be established and maintained on behalf of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).

Appears in 26 contracts

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

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Capital Accounts. (a) An individual capital account (the a “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following:

Appears in 13 contracts

Samples: Operating Agreement, Limited Liability Operating Agreement, Limited Liability Operating Agreement

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by accordance with Treasury Regulations Regulation Section 1.704-l(b)(2)(iv)1(b) et. seq., as such regulations may be amended and in effect from time to time and any corresponding provisions of succeeding regulations.

Appears in 12 contracts

Samples: Unit Purchase Agreement (Cheniere Energy Partners, L.P.), Limited Liability Company Agreement (Cheniere Energy Partners, L.P.), Limited Liability Company Agreement (El Paso Pipeline Partners, L.P.)

Capital Accounts. (a) An individual A capital account (the “Capital Account”) shall be established and maintained on behalf of the Company’s books with respect to each Member, including any Additional Member who shall hereafter receive an Interest, in accordance with the manner provided by provisions of Treasury Regulations Section 1.704-l(b)(2)(iv1(b)., including the following:

Appears in 11 contracts

Samples: Limited Liability Company Agreement (Excelsior Private Markets Fund II (TE), LLC), Limited Liability Company Agreement (Excelsior Private Markets Fund III (TI), LLC), Limited Liability Company Agreement (NB Crossroads Private Markets Fund IV (TI) - Client LLC)

Capital Accounts. (a) An individual A capital account (the a “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided required by the Treasury Regulations under Section 1.704-l(b)(2)(iv)704(b) of the Code.

Appears in 11 contracts

Samples: Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).

Appears in 11 contracts

Samples: Operating Agreement (Amyris, Inc.), Operating Agreement (Lions Gate Entertainment Corp /Cn/), Operating Agreement (Amyris, Inc.)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) shall Account will be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided required by the Treasury Regulations under Section 1.704-l(b)(2)(iv)704(b) of the Code. If there is more than one Member in a class, then each of the Members in that class will have a separate Capital Account.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp), Limited Liability Company Agreement (Bloom Energy Corp)

Capital Accounts. (a) An individual capital account (the “Capital Account”) shall be established and maintained on behalf of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 7 contracts

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

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following provisions:

Appears in 7 contracts

Samples: Operating Agreement (Xspand Products Lab, Inc.), Operating Agreement (Xspand Products Lab, Inc.), Operating Agreement (Asta Funding Inc)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf for each Member with respect to each class or series of each Membership Interest held by such Member, including any Additional Member who shall hereafter receive an . Upon the Disposition of all or a portion of a Membership Interest, the Capital Account of the Member that is making a Disposition and that is attributable to such Membership Interest shall carry over to the Assignee in accordance with the manner provided by provisions of Treasury Regulations Regulation Section 1.704-l(b)(2)(iv1(b)(2)(iv)(l).

Appears in 4 contracts

Samples: Limited Liability Company Agreement (TW Southcross Aggregator LP), Limited Liability Company Agreement (EIG BlackBrush Holdings, LLC), Limited Liability Company Agreement (Southcross Energy LLC)

Capital Accounts. (a) An individual capital account (the a “Capital Account”) shall be established for each Member on the books of the Company, and the Members’ Capital Accounts shall be adjusted as set forth below. The Members’ Capital Accounts shall be maintained on behalf in accordance with the rules of each Member, including any Additional Member who shall hereafter receive an Interest, in Code Section 704(b) and the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv)promulgated thereunder.

Appears in 4 contracts

Samples: Series Limited Liability Company Agreement (Emporium Realty Fund I, LLC), Limited Liability Company Agreement (Tirios Propco Series LLC), Limited Liability Company Agreement (Tirios Propco Series LLC)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf for each Member in accordance with federal income tax accounting principles. The Capital Account of each Member, including any Additional Member who shall hereafter receive an Interest, be maintained in accordance with the manner provided by Treasury Regulations provisions of this Section 1.704-l(b)(2)(iv)9.3.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Earthlink Inc), Limited Liability Company Agreement (Earthlink Inc), Limited Liability Company Agreement (Earthlink Inc)

Capital Accounts. (a) An individual A capital account (the “a "Capital Account") shall be established and maintained on behalf for each Member to which shall be credited the Capital Contributions made by such Member and such Member’s allocable share of each Net Income (and items thereof), and from which shall be deducted distributions to such Member of cash or other property and such Member, including any Additional Member who shall hereafter receive an Interest, 's allocable share of Losses (and items thereof). To the extent not provided for in the manner provided by preceding sentence, the Capital Accounts of the Members shall be adjusted and maintained in accordance with Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Income Strategies, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an InterestHolder, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).1(b)(2)(iv) and the following provisions:

Appears in 2 contracts

Samples: Services Agreement (Digirad Corp), Services Agreement (ATRM Holdings, Inc.)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf for each Member (and sub-capital accounts with respect to each Class of each Member, including any Additional Member who shall hereafter receive an Interest, interests) in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following provisions:

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Cushman & Wakefield PLC), Contribution Agreement (Cushman & Wakefield PLC)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) shall Account will be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided required by the Treasury Regulations Section 1.704-l(b)(2)(iv)under section 704(b) of the Code.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (First Wind Holdings Inc.), Limited Liability Company Agreement (First Wind Holdings Inc.)

Capital Accounts. (a) An individual A capital account (the a “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv)rules set forth herein and as follows.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Ashford Hospitality Trust Inc), Limited Liability Company Operating Agreement (Ashford Hospitality Trust Inc)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf for each Partner in accordance with the requirements of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Regulation Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 2 contracts

Samples: General Partnership Agreement (Regency Energy Partners LP), General Partnership Agreement (Regency Energy Partners LP)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf for each Member. The Capital Account of each Member, including any Additional Member who shall hereafter receive an Interest, be maintained in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following provisions:

Appears in 2 contracts

Samples: Limited Liability Company Agreement (BFC Financial Corp), Stock Purchase Agreement (Bankatlantic Bancorp Inc)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf for each Member in accordance with the definition of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv)“Capital Account” herein.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Boardwalk Pipeline Partners, LP), Limited Liability Company Agreement (Boardwalk Pipeline Partners, LP)

Capital Accounts. (a) An individual capital account (the “Capital Account”) There shall be established and maintained on behalf of with respect to the membership interest held by each Member, including any Additional Member who shall hereafter receive an Interest, a Capital Account in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following:

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Capital Accounts. (a) An individual A capital account (the “a "Capital Account") shall be established and maintained on behalf for each Member to which shall be credited the Capital Contributions made by such Member and such Member's allocable share of each Net Income (and items thereof), and from which shall be deducted distributions to such Member of cash or other property and such Member, including any Additional Member who shall hereafter receive an Interest, 's allocable share of Losses (and items thereof). To the extent not provided for in the manner provided by preceding sentence, the Capital Accounts of the Members shall be adjusted and maintained in accordance with Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Secured Real Estate Income Fund II, LLC), Limited Liability Company Operating Agreement (Secured Real Estate Fund II, LLC)

Capital Accounts. (a) An individual A capital account (the a “Capital Account”) shall be established and maintained on behalf for each Member to which shall be credited the Capital Contributions made by such Member and such Member’s allocable share of each Net Income (and items thereof), and from which shall be deducted distributions to such Member of cash or other property and such Member, including any Additional Member who shall hereafter receive an Interest, ’s allocable share of Net Loss (and items thereof). To the extent not provided for in the manner provided by preceding sentence, the Capital Accounts of the Members shall be adjusted and maintained in accordance with Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 2 contracts

Samples: Operating Agreement (Iron Bridge Mortgage Fund LLC), Operating Agreement (Iron Bridge Mortgage Fund LLC)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury accordance with Regulations Section § 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 1 contract

Samples: Limited Liability Company Agreement

Capital Accounts. (a) An individual capital account (the “For financial accounting purposes, a "Capital Account”) " shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in accordance with the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following provisions:

Appears in 1 contract

Samples: Operating Agreement (Gaiam Inc)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf for each Member by the Company in accordance with the rules of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv). The Capital Accounts shall be maintained on a per Unit basis and all contributions, allocations and distributions to a Member with respect to a Unit shall be reflected only in the Capital Account maintained with respect to that Unit. The Capital Accounts shall govern distributions made pursuant to Article 11 of this Agreement.

Appears in 1 contract

Samples: Equity Funding Agreement

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional additional Member who shall hereafter receive an InterestUnits, in according to the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).following provisions:‌

Appears in 1 contract

Samples: Limited Liability Company Agreement

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be ---------------- established and maintained on behalf for each Member pursuant to the principles of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by this Section 4.4 and Treasury Regulations Regulation Section 1.704-l(b)(2)(iv1(b)(2)(iv).. Each Capital Account shall be maintained in accordance with the following provisions:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Interneuron Pharmaceuticals Inc)

Capital Accounts. (a) An individual capital account (the a “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, Partner in the manner provided by accordance with Treasury Regulations Section 1.704-l(b)(2)(iv).1(b)(2)(iv) and the following provisions:

Appears in 1 contract

Samples: Limited Partnership Agreement

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Capital Accounts. (a) An individual a. A capital account (the “a "Capital Account") shall be established and maintained on behalf for each Member in accordance with the Internal Revenue Code of each Member1986, including any Additional Member who shall hereafter receive an Interestas amended (the "Code"), in and with regulations promulgated thereunder by the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).U.S.

Appears in 1 contract

Samples: Operating Agreement (Standard Parking Ii LLC)

Capital Accounts. (a) An individual A capital account (the “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, ("Capital Account") in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv)that such capital account would be maintained pursuant to the provisions of the Resources LLC Agreement in respect of the income, gain, loss and deduction of the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Antero Resources Finance Corp)

Capital Accounts. (a) An individual capital A separate account (the “a "Capital Account") shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury accordance with Regulations Section 1.704-l(b)(2)(iv)1(b) of the Code.

Appears in 1 contract

Samples: Operating Agreement (Radiant Logistics, Inc)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf for each Member in accordance with the rules of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv).Section

Appears in 1 contract

Samples: Limited Liability Company Agreement (Philadelphia Energy Solutions Inc.)

Capital Accounts. (a) An individual A capital account (the a “Capital Account”) shall be established and maintained on behalf for each Member to which shall be credited the Capital Contributions made by such Member and such Member's allocable share of each Net Income (and items thereof), and from which shall be deducted distributions to such Member of cash or other property and such Member, including any Additional Member who shall hereafter receive an Interest, 's allocable share of Net Loss (and items thereof). To the extent not provided for in the manner provided by preceding sentence, the Capital Accounts of the Members shall be adjusted and maintained in accordance with Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 1 contract

Samples: Operating Agreement (Iron Bridge Mortgage Fund LLC)

Capital Accounts. (a) An individual A capital account (the “"Capital Account") shall be established for each Member and shall be determined, maintained on behalf and adjusted in accordance with Treasury Regulation ss. 1.704-1(b)(2)(iv) and in accordance with the provisions of this Agreement. The Capital Accounts of the Members shall be adjusted upon each Member, including any Additional distribution of property by the Company to a Member who shall hereafter receive an Interest, to the extent required by and in the manner provided by described in Treasury Regulations Section Regulation ss. 1.704-l(b)(2)(iv1(b)(2)(iv)(e).

Appears in 1 contract

Samples: Operating Agreement (Nn Ball & Roller Inc)

Capital Accounts. (a) An individual capital account (the “Capital Account”) shall be established and maintained on behalf for each Member and has been or shall be credited with the amount of each Member's initial capital contribution to the Company. Each Member's capital account shall be determined and maintained throughout the term of the Company in accordance with the requirements of Section 704(b) of the Internal Revenue Code, including as amended, or its counterpart in any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv)subsequently enacted Internal Revenue Code.

Appears in 1 contract

Samples: Operating Agreement

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established for each Member and shall be maintained on behalf of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by accordance with Treasury Regulations Regulation Section 1.704-l(b)(2)(ivl(b).

Appears in 1 contract

Samples: Operating Agreement (Multiband Field Services Inc)

Capital Accounts. (a) An individual A capital account (the “Capital Account”) shall be established and at all times maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in accordance with the manner provided by rules set forth in Treasury Regulations Section Regulation §1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 1 contract

Samples: Operating Agreement (CSL Capital, LLC)

Capital Accounts. (a) An individual capital account (the “Capital Account”) shall be established and maintained on behalf of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(ivI(b)(2)(iv).

Appears in 1 contract

Samples: Operating Agreement (Environtech Inc.)

Capital Accounts. (a) An individual capital account (the a “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by accordance with Treasury Regulations Section 1.704-l(b)(2)(iv).1(b)(2)(iv) and the following provisions:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Petrohawk Energy Corp)

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf by the Company for each Member in accordance with the applicable provisions of each Memberthe Code and the Regulations as amended from time to time, including any Additional Member who shall hereafter receive an Interest, in the manner provided by Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Kensington Capital Acquisition Corp.)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by accordance with Treasury Regulations Section 1.704-l(b)(2)(iv).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.)

Capital Accounts. (a) An individual A capital account (the a “Capital Account”) shall be established and maintained on behalf of for each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by accordance with Treasury Regulations Section 1.704-l(b)(2)(iv).1(b)(2)(iv) and the following provisions:

Appears in 1 contract

Samples: Operating Agreement (Atlantic Power Corp)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf for each holder of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided Membership Interests as required by Treasury Regulations Section Sections 1.704-l(b)(2)(iv).1(b)(2)(iv) and 1.704-1(b)(4) of the Regulations:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Medley Capital BDC LLC)

Capital Accounts. (a) 4.4.1 An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf of for each Member, including . The original Capital Account established for any Additional Member who shall hereafter receive acquires an Interest, interest in the manner provided Company by Treasury Regulations Section 1.704-l(b)(2)(ivvirtue of an assignment in accordance with the terms of this Agreement shall be in the same amount as, and shall replace, the Capital Account of the assignor of such interest and, for purposes of this Agreement, such Member shall be deemed to have made the Capital Contributions made by the assignor of such interest (or made by such assignor's predecessor in interest).

Appears in 1 contract

Samples: Operating Agreement (Cor Development LLC)

Capital Accounts. (a) An individual A single capital account (the a “Capital Account”) shall be established established, determined and maintained for each Holder on behalf the books and records of each Member, including any Additional Member who shall hereafter receive an Interest, the Company in accordance with the manner provided by provisions of the Treasury Regulations Section 1.704-l(b)(2)(iv).governing the determination and maintenance of partnership capital accounts, including, without limitation, the following rules of determination and maintenance:

Appears in 1 contract

Samples: Limited Liability Company Agreement

Capital Accounts. (a) An individual capital account (the “Capital Account”) Account shall be established and maintained on behalf for each Member pursuant to the principles of each Member, including any Additional Member who shall hereafter receive an Interest, in the manner provided by this Section 4.4 and Treasury Regulations Regulation Section 1.704-l(b)(2)(iv1(b)(2)(iv).. Each Capital Account shall be maintained in accordance with the following provisions:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Incara Pharmaceuticals Corp)

Capital Accounts. (a) An individual capital account (the “A Capital Account”) Account shall be established and maintained on behalf for each Member to which shall be credited the Capital Contributions made by such Member and such Member’s allocable share of each Income (and items thereof), and from which shall be deducted distributions to such Member of cash or other property and such Member, including any Additional Member who ’s allocable share of Loss (and items thereof). The Capital Accounts of the Members shall hereafter receive an Interest, be adjusted and maintained in the manner provided by accordance with Treasury Regulations Section 1.704-l(b)(2)(iv1(b)(2)(iv).

Appears in 1 contract

Samples: Operating Agreement (Broadstone Net Lease, Inc.)

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